Antitrust: California

THE FIRM Gibson, Dunn & Crutcher has long been a fixture of the national antitrust arena, and the California practice group maintains the high standards of client service and breadth of coverage for which the nationwide team is so well regarded. The team covers the full range of antitrust, with its members experts in private antitrust litigation, transaction reviews, cartel investigations, class actions and trade regulation issues. Among the group's highlights, it recently served as antitrust counsel to Vivendi in connection with its agreement with General Electric to sell a 20 percent stake in NBC Universal, and represented Hewlett-Packard in a highly publicized unfair competition and breach of contract claim brought against competitor Oracle.

Sources say: "They've done some really outstanding work - they came up with a super creative approach to the case and that creativity made the real difference."

KEY INDIVIDUALS  Gary Spratling is widely considered to be the founding father of cartel work, and this "obviously fantastic attorney is a clear first-choice if you have cartel issues." He represented Micron Technology in the DOJ's criminal proceedings in the DRAM industry. He also recently represented UBS AG in defense of various class actions related to the investigation into the possible manipulation of Libor rates.

Daniel Swanson has an especially strong reputation for working with clients within the media and entertainment industry, having worked with prominent clients such as Twentieth Century Fox, Sony Pictures, and DreamWorks Animation. He is highly regarded for his expertise as a trial lawyer, and peers are swift to praise a lawyer who manages to be "both a complete gentleman and a completely dedicated and unrelenting opponent."

Joel Sanders is a veteran litigator who has an extensive track record in handling antitrust cases. He is seen as a go-to for class action cases, as well as for government investigations and antitrust counseling. He is the lead counsel for Micron Technology, the world's second largest producer of computer memory components, in the DRAM antitrust litigation.

Robert Cooper is "undoubtedly one of the best trial lawyers around." A vastly experienced attorney, he has a fantastic track record in antitrust and business tort litigation. He cochairs the firm's antitrust practice group.

THE FIRM Latham's 50-strong Californian antitrust team forms a crucial part of the firm's garlanded nationwide practice. The team is one of the largest on the West Coast, and its deep bench certainly sets it apart from its peers. Its members cover the full gamut of antitrust law, and remain active in some of the leading litigations and transactions in the space. Litigation highlights include assisting Apple in a putative class action concerning the iPhone, representing Oracle in a prominent suit brought against it by Hewlett-Packard, and representing Electronic Arts in an alleged monopolization case. The group is equally active on the merger side, representing Live Nation in its $2.5 billion merger with Ticketmaster and Electronic Arts in its $1.2 billion acquisition of PopCap Games.  

Sources say: "It is an excellent firm - a real antitrust powerhouse."  

KEY INDIVIDUALS Daniel Wall garners universal acclaim from all corners of the market. "A phenomenal lawyer - patently top of the list," he is distinguished by both the breadth and depth of his antitrust coverage and by the caliber of matters he undertakes. He is representing Apple in the matter mentioned above.

Alfred Pfeiffer is an experienced member of the firm's antitrust team. His practice encompasses both civil and criminal antitrust cases, as well as government investigations. He brings the benefit of over 20 years in the practice, and sources believe that this "makes him every bit as good an antitrust litigator as you will find." He is working alongside Dan Wall on the Apple iPhone issue and is part of the team representing Oracle in the case filed by HP.

Karen Silverman's involvement in antitrust is broad. She regularly undertakes antitrust litigation, assists clients with complex transactions and works on governmental enforcement matters. Silverman represented a group of hospitals in the Adventist Health System in a putative antitrust class action filed in Los Angeles Superior Court.

Niall Lynch is a new recruit to the team, but one who peers regard as an astute addition: "He's a top attorney - he'll make a big splash in the market." He previously spent 15 years as a prosecutor in the DOJ's antitrust division.

THE FIRM Jones Day's prominent national antitrust group continues to operate at the sharp end of the market, and the team's California-based practitioners play their full part in ensuring that the group remains so widely respected. In California, its practitioners are split across the firm's Los Angeles, San Francisco and Silicon Valley offices, and continue to undertake a broad range of transactional and litigation work for a wide range of clients. Recent highlights include defending marquee client Apple against consolidated antitrust actions brought on behalf of a nationwide class of iPod purchasers.

Sources say: "It is a top name in antitrust nationally and its Californian team more than lives up to that reputation."

KEY INDIVIDUALS  Jeffrey LeVee is a highly-rated antitrust litigator whom client sources cannot praise highly enough: "He's extraordinary, he's never lost a law suit for us - and that's because he's clear-headed, very sharp, able to assess technical and commercial facts quickly and he leads his team well." He heads up the firm's Californian antitrust team and assists clients from a broad range of industries, including healthcare, pharmaceutical, retail, telecoms and technology. He has a longstanding relationship with ICANN and has defended all litigation and adversary proceedings brought against the company since its formation in 1998.

Robert Mittelstaedt is a highly regarded and hugely experienced trial lawyer. He brings considerable antitrust expertise, but his peers note that antitrust is by no means the limit of his practice: "He's a great antitrust litigator, but above all, he likes to try cases, and I'd certainly engage him on any case I thought would go to trial." He has been engaged by Adobe in defense of a putative nationwide class action alleging conspiracy to fix employee compensation.

Craig Waldman works with clients on antitrust government investigations and enforcement actions, as well as merger review work and antitrust litigation. His expertise spans a range of industry sectors, including IT hardware and software, electronic platforms, healthcare, financial services and telecoms.

THE FIRM O'Melveny & Myers's antitrust group has good coverage in California, with members practicing out of its offices in Los Angeles, Silicon Valley, San Francisco, Newport Beach and Century City. The team's focus is principally on litigation, where its members work with both plaintiffs and defendants across a broad range of matters, including class actions, international cartels and unfair competition. Recent highlights include representing Asiana Airlines in two consolidated MDL actions which related to alleged price-fixing. The group also represented eBay in a major monopolization case relating to its acquisition of PayPal.

Sources say: "As clients, we wanted a quick solution, and O'Melveny & Myers were really sensitive to that. They were so focused on our business objectives and knew how to target their legal advice so we achieved those."

KEY INDIVIDUALS  Michael Tubach is the managing partner of the firm's San Francisco office. He maintains a broad practice which covers criminal, securities and IP disputes as well as antitrust cases. Tubach has been heavily involved in the firm's representation of eBay. Client sources are quick to praise "a highly approachable attorney who understands our business and our industry, who knows what we need and is able to deliver swift responses."

Chuck Diamond is based out of the firm's Century City office and is a founding member of its litigation team. His practice covers a broad range of disputes involving antitrust, commercial matters and intellectual property.

Ken O'Rourke leads the firm's Los Angeles litigation group. His broad practice embraces antitrust, IP disputes and other commercial cases. Sources note that he covers the waterfront for antitrust work, including class actions, international cartels and monopolization work. Commentators say "he's a spectacular lawyer who will surely play a big part in that firm's future."

THE FIRM Arnold & Porter's antitrust group works with a variety of clients across a broad range of antitrust-related work, including litigation, government investigations and mergers and acquisitions. The team is representing LG Electronics in class actions concerning alleged price-fixing in the cathode ray tube market and Visa USA in both general and state antitrust actions.

KEY INDIVIDUALS  Ronald Redcay leads the California antitrust practice. He brings vast experience, with over 30 years in private practice, and benefits from a prior position as an in-house attorney. He assists clients with a wide range of antitrust litigation and counseling and is the lead attorney assisting LG Electronics.

Robert Taylor's practice covers a wide range of both IP and antitrust matters. He is experienced in matters involving semiconductor and other electronic technologies and has previously tried cases before the ITC.

THE FIRM Bingham McCutchen is widely regarded for its strength in antitrust litigation and its California group draws particular praise for its expertise in the technology sector. Recent examples include representing SanDisk in purported indirect purchaser class actions and Intel in a number of federal class actions challenging Intel's sales and marketing practices.

KEY INDIVIDUALS  Frank Hinman cochairs the firm's antitrust practice group and is also serving as the Silicon Valley office's managing partner. He represents a range of clients across an equally broad array of antitrust issues, including merger review work, class action defense and criminal investigations. He is acting as lead counsel to SanDisk in the work mentioned above.

Donn Pickett focuses on antitrust, IP and securities disputes. He recently played a leading role in the Bingham team which won a key ruling for Intel in a suit brought against the corporation by computer buyers seeking to represent a nationwide class with tens of millions of putative members.

THE FIRM This boutique firm is acknowledged for its expertise in complex commercial and antitrust litigation. The team acts principally for plaintiffs and regularly undertakes cases concerning alleged monopolies, cartels and price-fixing.

Sources say: "One of the leading plaintiffs groups on the West Coast." 

KEY INDIVIDUALS  Maxwell Blecher is "a spectacular plaintiffs lawyer, one of the all-time stars nationally at the plaintiffs Bar." His vast experience and trove of antitrust knowledge commands the respect and admiration of his peers.

THE FIRM This group regularly undertakes a range of litigation, government investigations and merger clearance work. Commentators note its strength in working with clients in the technology sector, and the group is currently counseling Via Licensing in its work concerning a patent pool for 4G wireless technology, as well as defending Nikon Metrology in an antitrust case concerning the patents for laser scanning devices used in the metrology field. The latter case demonstrates a growing feature of the group's antitrust work, which is handling cases which cut across IP and antitrust law.

Sources say: "They repeatedly demonstrated a really creative approach to this work; we've dealt with them a lot, and always been very pleased."

KEY INDIVIDUALS Penelope Preovolos is held in high esteem by sources, who describe "a superb all-around antitrust lawyer" and note her depth of expertise across the range of antitrust, product liability and class actions. She works with a broad spectrum of clients, although she is perhaps best recognized for her work with clients in the electronics and technology sectors.

THE FIRM This group works with clients across the pharmaceutical, technology, energy and entertainment sectors. Commentators note the team's strength in antitrust litigation, although its members are also experts in assisting with M&A transactions and general antitrust counseling. Recent highlights include representing Universal Music Group in an MDL concerning alleged price-fixing of digital format music.

Sources say: "They are very smart, very responsive, very practical in terms of their advice. They've spent time learning our industry so their advice comes from the perspective of what is workable in our industry, as opposed to some sort of academic exercise."

KEY INDIVIDUALS  Glenn Pomerantz has forged a tremendous reputation for his work in the media and entertainment sector. Sources are quick to applaud "a fantastic all-round lawyer - he gets the full picture, his knowledge of our industry is just tremendous." He was part of the team that represented Fox Entertainment in a significant antitrust case involving television programmers and distributors. The firm secured confirmation of a dismissal from the Ninth Circuit.

Bradley Phillips is a highly regarded litigator whose areas of practice encompass not just antitrust but also IP, First Amendment and general commercial litigation.

Jeffrey Weinberger's profile is strongly linked to his expertise in the pharmaceuticals sector. He was part of the team that was co-counsel for Abbott Laboratories in a complex case brought by GlaxoSmithKline.

THE FIRM This group regularly works with clients across a range of antitrust issues, including M&A and joint ventures, but commentators note in particular its strength in international cartel investigations. The group has a longstanding relationship with Microsoft, and is currently representing the software giant in federal court and the ITC in patent misuse litigation that bridges the interface of antitrust and IP.

Sources say: "A very smart, highly practical and client-friendly group."

KEY INDIVIDUALS  Stephen Bomse is a veteran antitrust litigator whose vast experience impresses commentators: "He's been in a million cases - he really does have a great and hard-earned reputation and résumé." He remains highly active in the antitrust space and is part of the team representing three prominent potato producers in class actions brought by purchasers in an MDL proceeding in Idaho federal court.

Robert Rosenfeld chairs the Orrick antitrust and competition practice group. He is seen as "a really fantastic lawyer: thoughtful, bright, extremely responsive and easy to work with." Highly regarded for his work with Microsoft, he manages the firm's relationship, and is involved in a range of both national and international antitrust work for that client.

Laurence Popofsky "remains a real commanding figure" in the team. He is a senior counsel with the firm and is widely respected for his depth of expertise in both antitrust and IP.

THE FIRM This group undertakes a broad range of antitrust work, including M&A, class actions and government investigations. The team has a longstanding relationship with Samsung, and is defending Samsung SDI companies in DOJ antitrust division grand jury price-fixing and foreign enforcement investigations concerning cathode ray tubes.

Sources say: "A robust antitrust group - it has a longstanding history in California and has worked with some tremendous clients."

KEY INDIVIDUALS  Gary Halling heads up the firm's antitrust and trade regulation group. He has considerable expertise in civil and criminal antitrust issues and is identified as an expert in cartel proceedings.

James McGinnis covers a broad range of litigation, although his principal focus is on antitrust matters, where he has a particularly strong reputation for cases with international scope.

THE FIRM Davis Polk's antitrust practice covers complex litigation and high-profile corporate transactions. The team's reputation and bandwidth in the former is shown by its defending LG Electronics in an MDL encompassing a large number of nationwide class actions concerning an alleged price-fixing conspiracy relating to optical disk drives. In terms of merger work, the group advised Comcast on the antitrust aspects of its agreement with General Electric to form the NBC Universal joint venture.

Sources say: "A very prominent antitrust litigation team." 

KEY INDIVIDUALS  Arthur Burke splits his time between Menlo Park, California and New York. Market commentators note his successful work representing Comcast in a high-profile antitrust class action in Los Angeles federal court brought on behalf of all US cable television subscribers.

Christopher Hockett heads the firm's global antitrust practice group. He is part of the Davis Polk team defending LG Electronics in a coordinated MDL federal antitrust proceeding in San Francisco. 

THE FIRM This group undertakes a broad range of transactional work and antitrust litigation. Commentators note the group's strength in the biotech and hi-tech industries.

Sources say:  "A strong transactional antitrust practice, especially for entrepreneurial and start-up clients."

KEY INDIVIDUALS  Tyler Baker is "a remarkably fine antitrust litigator" who is cited for his expertise in representing both defendants and plaintiffs. He assists clients with a broad range of issues, including pricing and distribution, joint ventures and merger reviews.

Mark Ostrau is noted by sources for his considerable expertise of antitrust issues in the technology sector.

THE FIRM This group handles a range of antitrust work and assists a number of major clients including AstraZeneca, CMS, Johnson & Johnson and LG Electronics. The group recently represented Johnson & Johnson in a Section 1 antitrust suit filed in San Francisco.

KEY INDIVIDUALS  Marie Fiala is a "highly skilled and well-respected antitrust litigator." Fiala's practice encompasses energy and finance-related work, as well as antitrust.

Samuel Miller is described as "a superb lawyer of good standing." He is representing AstraZeneca in an antitrust suit concerning an alleged conspiracy among branded pharmaceutical companies.

THE FIRM This team is widely recognized for the work it carries out with clients in the technology sector, working out of its Silicon Valley office. The team has been representing Google in an FTC investigation, and assisting Electronic Arts with the antitrust aspects of its $750 million acquisition of PopCap Games.

KEY INDIVIDUALS David Stewart is key contact in Palo Alto.