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Antitrust Institute 2014: Developments & Hot Topics


Speaker(s): Daniel G. Swanson, David I. Gelfand, Gil Ohana, Harvey I. Saferstein, Harvey M. Applebaum, Holly A. House, Hon. Maureen K. Ohlhausen, J. Thomas Rosch, Janet L. McDavid, Margaret M. Zwisler, Molly S. Boast, Patricia A. Conners, Rachel C. Brandenburger, Robert P. Taylor, Saul P. Morgenstern, Stephen R. Neuwirth, Theodore L. Banks, Yvonne S. Quinn
Recorded on: May. 5, 2014
PLI Program #: 51008

Molly Boast is a partner in the Litigation/Controversy and Regulatory and Government Affairs Departments, and a member of the Antitrust and Competition and Government and Regulatory Litigation Practice Groups. She joined the firm in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice.

Practice

Molly Boast joined the firm as a litigator in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice. She has more than 30 years of experience in both senior federal government positions and private practice.

In her position as Deputy Assistant Attorney General, Ms. Boast was responsible for all civil enforcement investigations, including NBC/Comcast and Oracle/Sun Microsystems, and obtained the Division’s first judicial decision recognizing its authority to seek disgorgement.

Prior to joining the DOJ, Ms. Boast was a partner at Debevoise & Plimpton LLP where she chaired the antitrust practice group. Her practice focused on litigation, white-collar investigations, antitrust counseling and merger review.

From 1999-2001, Ms. Boast served as Deputy Director and then Director of the Bureau of Competition at the Federal Trade Commission. There, she oversaw several competition investigations and enforcement actions during the “merger wave” of the 1990s. Prominent mergers include Exxon-Mobil, BP-Arco, Glaxo-SmithKline, Dow-Union Carbide, and AOL-Time Warner.

From 1988-1999 Ms. Boast was a partner at LeBoeuf, Lamb, Greene & MacRae in New York City, where she chaired the litigation department. Most notably, she argued before the US Supreme Court in Hartford Fire v. State of California in 1993. In 1992, Ms. Boast was appointed Special Assistant United States Attorney General for the Independent Counsel Investigation of Banca Nazionale del Lavoro at the US Department of Justice.

Ms. Boast has spoken at dozens of programs on the topics of antitrust, litigation and women in the law. She is also the author of numerous papers and publications.

Professional Activities

Ms. Boast is admitted to practice in the US District Courts for the Southern and Eastern Districts of New York and the US Courts of Appeals for the First, Second Third, Ninth and Tenth Circuits.

Ms. Boast is a past chair of the Federal Courts Committee of the Association of the Bar of the City of New York. She has previously held positions on the governing bodies of the Antitrust Law and Section of Litigation, and the New York State Bar Association's Antitrust Section. Ms. Boast is the first woman to have chaired the federal courts committees of both the Federal Bar Council and the New York City Bar Association.

Honors & Awards

  • Received the 2013 William T. Lifland Service Award from the NYSBA Antitrust Law Section for distinguished service
  • Recognized by Chambers USA in 2007 and 2009 for her work in the antitrust field
  • Selected for inclusion in the 2007 edition of Legal 500
  • Recognized as a leader in the antitrust field in The Global Competition Review Handbook
  • Highly-recommended in the field of antitrust law in the 2006 edition of PLC Which Lawyer?
  • Recognized in New York Super Lawyers - Metro from 2006-2008 and in 2012 for her work in the antitrust field

Practice Area

  • Litigation/Controversy
    • Government and Regulatory Litigation
  • Regulatory and Government Affairs
    • Antitrust and Competition

Education

JD, Columbia University Law School, 1979, Harlan Fiske Stone Scholar, Jane Marks Murphy Prize

MS, Journalism, Columbia University, 1971

BA, with honors, College of William and Mary, 1970

Bar Admissions

New York

United States Supreme Court


Saul Morgenstern, Co-Chair of the firm's Antitrust practice group, litigates complex disputes, class actions and multi-jurisdictional cases before US federal and state courts, international arbitral tribunals, the Federal Trade Commission and the US International Trade Commission, and represents clients in US Government, State and foreign investigations. He also advises companies with respect to the antitrust implications of mergers, acquisitions, joint ventures, trade association activities, distribution and pricing programs and other aspects of competitor and customer relations. Saul has represented clients across a broad spectrum of industries, including the chemical, computer hardware and software, energy, entertainment, insurance, financial, leisure, luxury consumer goods, pharmaceutical, publishing, real estate, telecommunications and toy industries.

Saul has repeatedly been recognized in Chambers USA: America’s Leading Lawyers for Business, which most recently quoted clients who credited his "excellent legal expertise and pragmatic counseling style." Previously Chambers recognized him as "business-focused in his advice, which is really appreciated and he helps guide us through all the gray areas" (2012), a "much admired . . . experienced attorney with a strong, substantive practice" (2011), as offering expertise "with clients in a wide range of industries, including pharmaceutical, publishing, semi-conductor and retail" (2009) and for his ability "to bring about a compromise between parties in tricky stand-off situations," observing that "[t]his skill is a result of the excellent strategies he plans after carefully and thoroughly considering the issues?" (2008).

Recently, Saul was named in the Competition and Antitrust (2014) Expert Guide by Legal Media Group. He was recognized as a "Life Science Star" in Euromoney's LMG Life Sciences Guide for 2013 and 2012, is recognized by US News & World Report Best Lawyers and PLC Which Lawyer, and was noted as a leading antitrust practitioner by Global Competition Review in 2013, 2012 and 2009. He is ranked in Best Lawyers in America (2005-2014) for the area of antitrust law.

Representative Matters

Antitrust

The Bookhouse of Stuyvesant Plaza, et al. v. Amazon.com et al. Successfully defended Penguin Random House LLC in class action complaint brought in the US District Court for the Southern District of New York by retail booksellers, alleging that Amazon.com and major publishers of electronic books conspired to prevent retail booksellers from selling electronic books by agreeing to use digital rights management software proprietary to Amazon, which prevents Kindle owners from purchasing electronic books from sources other than Amazon. On a motion to dismiss, obtained dismissal with prejudice of all claims against defendant publishers.

In Re Skelaxin (Metaxalone) Antitrust Litigation, MDL No. 2343, and related cases. Defending brand name pharmaceutical manufacturer in several federal and state class actions alleging that the manufacturer conspired with a potential generic entrant to delay or block generic entry in violation of Section 1 of the Sherman Act and certain state antitrust, unfair trade practices and related laws. Recently defeated motions for class certification by plaintiffs seeking to represent classes of Indirect Purchasers for Resale (e.g., pharmacies) and End Payor Indirect Purchasers (e.g., health insurers, pharmacy benefit managers, consumers).

In Re Rail Freight Fuel Surcharge Antitrust Litigation (US District Court., D.D.C.). Co-counsel defending major railroad in several nationwide class action antitrust law suits against major US railroads alleging collusion to fix fuel surcharges on freight shipments in violation of the Sherman Act.

In re Electronic Books Antitrust Litigation. Representation of Random House, Inc. in connection with US Department of Justice investigation into the adoption of "agency" as a means of distributing electronic books (which culminated in actions filed in the US District Court for the Southern District of New York by the DOJ against Apple, Inc. and five publishers other than Random House); and defense of Random House in originally-filed consumer class actions (Random House dropped from the cases upon filing of a consolidated class action complaint).

Novartis Acquisition of Fougera Holdings, Inc. Advised Novartis AG with respect to the competition law issues associated with its July 2012 $1.5 billion acquisition of a competing dermatologics company, Fougera Holdings, Inc., and represented the company before the Federal Trade Commission to obtain clearance for the acquisition.

Clayworth, et al. v. Pfizer Inc, et al. (Superior Court of California, Alameda County). Obtained summary judgment dismissing on the merits an action by California retail pharmacies alleging a conspiracy among brand name prescription drug manufacturers to fix prices in violation of the Cartwright Act, California?s state antitrust law. Summary judgment was affirmed by the California Court of Appeal and, on November 28, 2012, the California Supreme Court denied plaintiffs? Petition for Leave to Appeal. On June 3, 2013, the United States Supreme Court denied plaintiffs? Petition for a Writ of Certiorari.

Novartis Acquisition of Corthera, Inc. Advised Novartis International AG in connection with competition and regulatory approval aspects of its February 2010 acquisition of Corthera, Inc., a privately-held biopharmaceutical company engaged in the research and development of Relaxin, for US$120million, with Corthera's shareholders being eligible for additional payments of up to US$500million contingent upon successful development and commercial milestones, and assisted the company in obtaining early termination of Federal Trade Commission review of the transaction.

Drug Mart Pharmacy Corp., et al. v. American Home Products Corp., et al. (US District Court, E.D.N.Y.). Obtained summary judgment for client Pfizer Inc and its codefendants dismissing all damages claims by representative plaintiffs in price discrimination actions brought by several thousand independent pharmacies against a group of major brand name prescription drug manufacturers.

In re Pharmaceutical Industry Average Wholesale Price Litigation (US District Court, D. Mass). Obtained voluntary dismissal of horizontal antitrust claims asserted in private third-party payor and Medicare beneficiary class actions against Together Rx LLC and its founding members, as well as all consumer fraud and Medicaid fraud claims against the firm's client asserted by the same plaintiffs.

In re Stock Options Trading Antitrust Litigation (US District Court, S.D.N.Y.). Defended market maker in multi-district class actions alleging agreements restricting multiple listing of options, in violation of the Sherman Act.

In re Compensation of Managerial, Professional and Technical Employees Antitrust Litigation (US District Court, D.N.J.). Defended Union Oil Company of California and its parent in multi-district class actions in which plaintiffs allege that information-sharing in the oil and petrochemical industries retarded salary growth in violation of the Sherman Act. The plaintiffs' two motions for class certification were denied in 2003 and 2006.

In re Magazine Antitrust Litigation (US District Court, S.D.N.Y.). Obtained a favorable resolution on behalf of major publishers of consumer magazines in multi-district class actions, in which plaintiffs claimed that the publishers, along with their trade association, fixed the prices at which subscriptions were sold.

International Arbitration and Alternative Dispute Resolution

Banestyrelsen, et al. v. France Telecom SA, et al. (International Chamber of Commerce, International Court of Arbitration). Obtained an award of approximately €60 million plus interest, attorneys' fees and costs on behalf of a group of minority shareholders in a Danish telecommunications company, in an international arbitration proceeding against France Telecom and certain of its affiliates in connection with their breach of an agreement to buy certain of the minority's interests.

Finansministeriet, et al. v. Wirefree Services Denmark A/S, et al. (International Chamber of Commerce, International Court of Arbitration). Represented Danish Finance Ministry and a consortium of investors in a Danish telecommunications company to enforce certain minority rights pursuant to corporate governance and shareholder agreements under Danish law. Obtained favorable resolution prior to hearing.

Mindscape, Ltd. v. Riverdeep Group, plc (International Centre for Dispute Resolution; US District Court, D. Mass.; N.Y. Supreme Court, N.Y. County). Successfully defended Irish software manufacturer against efforts to obtain injunctive relief in two courts and obtained a favorable resolution through international mediation of dispute regarding international licensing agreement.

Fraud, RICO, Securities and Commercial Litigation

Novartis Pharmaceuticals Corporation v. State of Alabama (Supreme Court of Alabama). Led a team of national and Alabama counsel to obtain the reversal of $33 million jury verdict and judgment in a Medicaid fraud action brought by the State of Alabama against a major multi-national pharmaceutical manufacturer. The Alabama Supreme Court reversed, finding that the case should never have been put to the jury in light of the documentary record presented at trial, and ordered judgment entered on behalf of the defendant-appellant.

State of Alaska v. Alpharma, Inc., et al.; State of Idaho v. Aventis Pharmaceuticals Inc., et al.; State of Illinois v. Abbott Labs, Inc., et al.; Commonwealth of Kentucky v. Alpharma, Inc., et al.; State of Louisiana v. Abbott Labs, Inc., et al.; State of Mississippi v. Abbott Labs, Inc., et al.; State of Oklahoma v. Abbott Labs, Inc., et al.; State of Wisconsin v. Amgen, Inc., et al.; Defending pharmaceutical manufacturer in actions brought by or on behalf of state Medicaid agencies asserting that prescription drug manufacturers reported inaccurate pricing benchmarks, allegedly violating various of their individual state fraud, consumer protection and other laws.

SR International Business Insurance Co. Ltd. v. World Trade Center Properties LLC, et al. (US Court of Appeals for the Second Circuit). Successfully defended property and casualty insurer, which provided property insurance on the World Trade Center complex, against a summary judgment motion and interlocutory appeal to the Second Circuit by the lessees, lenders and owners seeking a ruling that, as a matter of law, the attack and destruction of the complex on September 11, 2001 constituted two occurrences for insurance coverage purposes.

Bar Associations, Memberships and Activities

American Bar Association - Section of Antitrust

  • Editorial Board, Antitrust Law Developments 2009 Update
  • Price Discrimination Committee, Vice Chair (2006–2009)
  • Trade Associations Committee, Vice Chair (2002–2005)

Section of Intellectual Property

Section of Litigation

New York State Bar Association

  • Antitrust Law Section (Chair, 2007; Executive Committee, 2001–present)
  • Special Committee on Sarbanes-Oxley Issues (2005–2006)

Association of the Bar of the City of New York

  • Committee on Lawyers' Quality of Life (1997–2000)
  • Committee on Federal Legislation (1991–1993)
  • Committee on Professional Responsibility (1988–1991)

Federal Bar Council (Second Circuit)

  • Public Service Committee (2002–present)

International Trademark Association

  • The Trademark Reporter Editorial Board (1994–2000)
  • Publications Committee (1992–1994)

Board Memberships

Martin Luther King, Jr. High School Community Advisory Board (Chairman 1998–2003)

National Center on Addiction and Substance Abuse at Columbia University Institutional Review Board (1999–2002)

Publications

"Competition and Antitrust Law," with Margaret A. Prystowsky, Nigel Parr and Joanna Christoforou, International Corporate Practice: A Practitioner's Guide to Global Success (Practising Law Institute 2013) (First Edition, 2008).

Price Discrimination Handbook (ABA Section of Antitrust Law 2012), Project Co-Chair and Co-Editor, with Scott P. Perlman.

"Resale Price Maintenance After 'Leegin'," with Brett Dockwell, New York Law Journal (March 8, 2010).

Antitrust and Associations Handbook (ABA Section of Antitrust Law 2009), Co-Editor, with Christopher J. MacAvoy.

"Antitrust Enforcement in High Technology Industries: Keeping Cyberspace Safe for Innovators or Just Another Speed Trap on the Information Superhighway," with Eamon O'Kelly, 19th Annual Institute on Computer Law (Practising Law Institute (547) 1999).

"Antitrust Issues Affecting the Publishing Industry," Print and Electronic Publishing (Practising Law Institute (516) 1998 and (480) 1997).

"Directors' Duties in Connection With Securities and Exchange Commission Investigations," Securities Litigation and Regulatory Practice (Institute of Continuing Legal Education in Georgia, October 9, 1997). Kaye Scholer LLP Saul P. Morgenstern 

"Practical Considerations for Counsel in Securities and Exchange Commission Enforcement Proceedings," Representing Clients in Securities Litigation and Regulatory Matters (Institute of Continuing Legal Education in Georgia, October 6, 1995).

Principal Editor: "Advertising of Private Certification after Peel v. Illinois Attorney Registration and Disciplinary Commission," 46 Record of The Association of The Bar of The City of New York 390 (1991).

Speeches and Programs

"Cartels and Other Horizontal Relationships," Antitrust Institute 2014: Developments & Hot Topics (Practising Law Institute, New York City, May 5, 2014)

"Cartels and Other Horizontal Relationships," Antitrust Institute 2012/2011: Developments & Hot Topics (Practising Law Institute, New York City, May 7-8, 2012/January 20, 2011).

Panelist, "Is the Robinson-Patman Act the Right Rx for the Pharmaceutical Industry?" (American Bar Association, Section of Antitrust Law Teleseminar, December 8, 2009)

American Bar Association Antitrust Litigation Program — "Preparing and Trying an Antitrust Case Against the Government," Panelist and Planning Committee Member (American Bar Association Section of Antitrust Law, Washington, DC, October 16, 2009).

"Relationships Among Competitors," 47th Annual Antitrust Law Institute (Practising Law Institute, New York City, May 8, 2006).

Moderator, "Trade and Professional Associations, Weighing The Risks and Benefits" (American Bar Association (ABA) Antitrust Section Spring Meeting, Washington, DC, March 30, 2005).

"Relationships Among Competitors," 45th Annual Antitrust Law Institute (Practising Law Institute, New York City, May 13, 2004).

Moderator, "Emerging Roles for Trade Associations as Plaintiffs: Policy Issues and Legal Strategies" (ABA Antitrust Section Spring Meeting, Washington, DC, March 31, 2004).

"Antitrust-Based Challenges To Registration Eligibility Requirements," 18th Annual Equine Law Conference (University of Kentucky Continuing Legal Education, Lexington, KY, April 30, 2003).

"Antitrust: The Significance of Microsoft and Intel and Competition in Cyberspace," 19th Annual Institute on Computer Law (Practising Law Institute, New York City, March 1999).

Moderator, "Janet Reno in Cyberspace: Can Antitrust Enforcement Work in the Computer Industry?" (ABA Annual Meeting, Toronto, Ontario, August 4, 1998).

"Antitrust Issues Affecting the Publishing Industry," Print and Electronic Publishing, Legal and Business Issues in Book and Magazine Publishing (Practising Law Institute, New York City, May 1998 and 1997).

Panelist, Third Annual Securities Litigation and Regulatory Practice seminar (Institute of Continuing Legal Education in Georgia, Atlanta, GA, October 9, 1997).

"Discovery and Expert Discovery in Federal Court," Advanced Litigation Technologies seminar (Institute for Continuing Education, New York City, May 16, 1997).

Panelist, "Representing Clients in Securities Litigation and Regulatory Matters" seminar (Institute of Continuing Legal Education in Georgia, Atlanta, GA, October 6, 1995).


Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson has Co-Chaired Gibson Dunn’s 185-lawyer-strong Antitrust Practice Group since 1996, and specializes in domestic and international antitrust and competition law, including civil and criminal litigation, merger matters, internal investigations, and counseling.  He is a member of the California and Brussels Bars and is a solicitor of England and Wales.  He received his law degree magna cum laude from Harvard Law School in 1984. Mr. Swanson also holds Ph.D. (1985) and Masters (1984) degrees in economics from Harvard University, where he was a Harvard Teaching Fellow.

Mr. Swanson has been a trial and appellate litigator for 30 years, dealing with antitrust cases in a wide array of industries.  He also counsels clients on mergers, acquisitions and joint ventures, and handles merger-clearance matters before the FTC, DOJ, and European Commission, and merger-related civil litigation. In addition to his antitrust work, Mr. Swanson has acted for clients in a wide variety of non-competition-related commercial matters and business disputes, involving areas such as contracting, franchising, licensing, advertising and insurance. He is admitted to practice before the United States Supreme Court, the Federal Circuit and the Second, Third, Fourth, Fifth, Ninth and Tenth Circuits.  He is also qualified to practice and appear before the Courts of the European Union.

Mr. Swanson’s name appears in the major publications that rank the world’s leading antitrust and competition lawyers.  Who’s Who Legal reports that “Daniel Swanson … scores very highly for his ‘tenacious and persuasive’litigation practice across a wide range of competition matters.”  Described by Chambers as “a highly adept trial lawyer” and as “a ‘tough opponent’ in civil and criminal litigation, alleged cartel matters and IP-related issues,” he has been listed as an Antitrust “Litigation Star” in the Institutional Investor’s Benchmark Litigation Guide, and identified as a leading antitrust specialist in The U.S. Legal 500, Global Competition Review’s Who’s Who of Competition Lawyers, Euromoney Legal Group’s Guide to the World’s Leading Competition and Antitrust Lawyers, The Best Lawyers in America, Mondaq’s Guide to Leading Competition Attorneys and Practical Law PLC’s Which Lawyer?

Mr. Swanson’s practice has encompassed virtually every aspect of antitrust and competition law. He has litigated claims of alleged price fixing, monopolization and market dominance, predation, leveraging, bundling, standard setting, tying, exclusive dealing, group boycotts, refusals to deal, and price discrimination, among others, and has handled scores of class action lawsuits (e.g., In re Electronic Books Antitrust Litigation, In re Air Cargo Shipping Services Antitrust Litigation, In re Rubber Chemicals Antitrust Litigation, In re Monochloroacetic Acid Antitrust Litigation, In re Fresh and Process Potatoes Antitrust Litigation, In re Hydrogen Peroxide Antitrust Litigation, In re Polyurethane Foam Antitrust Litigation; In re Automotive Refinishing Paint Litigation, In re Airline Ticket Commission Antitrust Litigation).

Mr. Swanson frequently represents clients in connection with antitrust grand jury investigations, plea negotiations, and amnesty, leniency and immunity applications in the United States and the European Union, Canada, Japan, Australia, and Latin America, including more than twenty international cartel investigations during the last dozen years. At the invitation of the U.S. DOJ, Mr. Swanson served as a Non-Governmental Advisor (NGA) to the Cartels Working Group of the International Competition Network (ICN) and participated as a speaker at the 5th Annual ICN Meeting in Cape Town, South Africa in 2006.  In 2010, he was invited as part of a joint IBA-ABA delegation to advise the Competition Commission of India on “best practices” in cartel enforcement.  

As a fully-qualified EU member state practitioner, as well as a U.S. lawyer, Mr. Swanson is regularly called upon to handle international antitrust and competition matters for U.S., European, Canadian, Latin American, and Asian clients. He has served as Co-Chair of the ABA Antitrust Section’s International Committee (2002-06) and as Editor-in-Chief of the Antitrust Section’s First Supplement to Competition Laws Outside the United States (2005).  Mr. Swanson has been an Officer of the Antitrust Committee of the International Bar Association since 2012, and served on the Editorial Board of the IBA’s publication Competition Law International from 2007-2012. He is also a member of the Competition Section of the Law Society of England and Wales. He has served in the past as a member of Gibson Dunn’s International Management Committee.

Mr. Swanson regularly handles antitrust and competition matters involving patents, copyrights and other intellectual property rights and was asked to testify regarding his views on standard setting in the 2002 DOJ-FTC Joint Hearings regarding Competition and Intellectual Property Law and Policy. He is the author (with Prof. William J. Baumol) of Reasonable and Nondiscriminatory (RAND) Royalties, Standards Selection, and Control of Market Power, 73 Antitrust L.J. 1 (2005) and The New Economy and Ubiquitous Competitive Price Discrimination: Identifying Defensible Criteria of Market Power, 70 Antitrust L.J. 661 (2003), which the U.S. Supreme Court relied on in Illinois Tool Works v. Independent Ink, 547 U.S. 28 (2006). Mr. Swanson also serves as an advisor (NGA) to the ICN Unilateral Conduct Working Group in its work focused on monopolization and dominance law.

Mr. Swanson has broad litigation and counseling experience in a wide variety of communications, media and entertainment fields. He has frequently represented motion picture industry clients (such as DreamWorks Animation SKG, Sony Pictures, 21st Century Fox, MGM, the Motion Picture Association of America, and the Association of Motion Picture and Television Producers) in antitrust litigation, government investigations, M&A transactions, and counseling matters.  Mr. Swanson also regularly advises and litigates on behalf of cable television industry clients (e.g., Thompson Everett v. National Cable Advertising, 57 F.3d 1317 (4th Cir. 1995)).  He has also handled antitrust matters involving the music industry, broadcast television, telecommunications, broadband, social media, game publishing, radio broadcasting, newspaper publishing, and advertising.

Mr. Swanson is a regular speaker on antitrust and competition topics, has appeared on CNN’s Moneyline as an antitrust expert and is often quoted on antitrust matters in legal publications. He has contributed to leading antitrust journals and treatises (including Antitrust and Trade Regulation, Antitrust Law Developments, Competition Laws Outside the United States, The Antitrust Adviser, and the Antitrust Law Journal) and is a member of the Board of Editors of the LexisNexis Antitrust Report.  He is also a member of the American Economic Association.


Gil Ohana is Senior Director, Antitrust and Competition for Cisco Systems, the leading manufacturer of networking equipment for the Internet. Gil regularly advises Cisco on antitrust issues relating to mergers and acquisitions, joint ventures, standard setting, distribution, intellectual property licensing, and government investigations, and government and private litigation. Gil writes and speaks regularly on antitrust issues in mergers and acquisitions, as well as IP licensing, standard-setting, antitrust issues in patent litigation, and other subjects at the intersection of antitrust and intellectual property law. He has participated in discussions of standards development organization IPR policies at leading SDOs such as ANSI, ETSI, IEEE-SA, and IETF.

From 1993 through 1996, Gil was a trial attorney with the Antitrust Division of the U.S. Department of Justice, where he participated in the Division's investigation of Microsoft's software licensing practices and its successful court challenge to Microsoft's proposed acquisition of Intuit. 

Gil received his law degree from Columbia University, where he was articles editor of the Law Review, and his B.A. from Harvard College. He is admitted to the bars of California and the District of Columbia.




Harvey Applebaum is a senior counsel in Covington & Burling's Antitrust and International Trade Practices.  His antitrust and consumer protection practice includes Department of Justice and FTC investigations and litigation, both civil and criminal; private antitrust litigation; and a diverse counseling practice, including distribution, price discrimination, competitor arrangements, mergers and joint ventures, intellectual property, and trade associations.

Mr. Applebaum's international trade practice involves International Trade Commission, Commerce Department and U.S. Trade Representative proceedings under the antidumping and countervailing duty laws, Section 201 of the Trade Act and other trade laws, and WTO and NAFTA dispute matters.  He also has an active practice in customs law matters, including classification, valuation, foreign origin, compliance reviews, NAFTA, and penalty proceedings.  He has been regularly involved in trade law and customs law judicial appeals.

Mr. Applebaum is a former Chairman of the American Bar Association Antitrust Law Section, was the first Chairman of the Editorial Board of ABA Antitrust Law Developments, was Chairman of the Section's Robinson-Patman Act Committee, and has been a member of several Antitrust Section task forces.  He is currently a member of the Section's International Antitrust Task Force. 

Mr. Applebaum is a lecturer in antitrust law at the University of Virginia Law School.  He has written numerous articles on antitrust law and international trade law subjects.  He has participated regularly in continuing legal education seminars and programs and has regularly chaired programs on antitrust and trade law topics. For example, he speaks regularly on the Robinson-Patman Act at the PLI Annual Antitrust Institute in New York.

  • HONORS AND RANKINGS
  • The Best Lawyers in America, Antitrust, Commercial Litigation, and International Trade and Finance (2006-2015)
  • International Who’s Who of Trade and Customs Lawyers (2008-2010)
  • International Who's Who of Business Lawyers, Trade & Customs (2005-2008)
  • Chamber's Global, International Trade (2007) 
  • Euromoney's Expert Guide to the World's Leading Lawyers, Competition and Antitrust (2000-2006)

PUBLICATIONS

  • "May the Seller Restrict What the Buyer Buys and Resells?," Legal Aspects of Selling and Buying (Tying Arrangements and Exclusive Dealing), Chapter 4 (Third Edition) and regular cumulative supplements (2004), Author
  • "The Interface of the Trade Laws and the Antitrust Laws," George Mason Law Review (3/1/1998), Author
  • "Antitrust Law: Ninth Circuit Upholds Kodak's Liability for Monopolizing the "Aftermarket" for Servicing of its Equipment but Vacates Some Damages and Modifies Injunction," National Law Journal (9/29/1997), Co-Author
  • "Antitrust Law: Sherman Act Can Apply to Criminal Antitrust Actions Taken Entirely Outside the Country, if These Actions Have Foreseeable, Substantial Effect on U.S. Commerce," National Law Journal (4/21/1997), Co-Author

PRESENTATIONS AND SPEECHES

  • "Antitrust Implications of Settlements of Antidumping Cases," International Trade Update, Georgetown Law Center (2007)
  • "Robinson-Patman Act," PLI Annual Antitrust Institute (1972-2007)
  • "Robinson-Patman Act," Seminar on Distribution, Law Journal Seminars (1980-2001) 

Practices

  • Antitrust & Competition Law
    • Antitrust Counseling & Compliance
    • Antitrust Investigations
    • Cartel Defense
  • International
    • Customs
    • Trade Policy
    • Trade Proceedings
    • Anti-dumping & Countervailing Duty Litigation
  • Intellectual Property
  • Section 337 Investigations 

Education

  • Harvard Law School, J.D., 1962
    • magna cum laude
    • Harvard Law Review, member
    • Harvard University Sheldon Traveling Fellowship
  • Yale University, B.A., 1959
    • summa cum laude


Holly House is an Antitrust and Competition partner in the Litigation Department of Paul Hastings. Her practice focuses on antitrust and trade regulation matters as well as intellectual property disputes. Ms. House has successfully represented premier clients as both plaintiffs and defendants in myriad types of complex commercial and class action disputes, including at several notable trials.

Ms. House is the past chair of the California State Bar’s Antitrust and Unfair Competition Law Section. She has been selected one of the "Top 250 Women in Litigation" nationwide in the last two years, and a "Local Litigation Star" in the inaugural 2013 edition of Benchmark Litigation, one of the "Top 100 California Women Lawyers” by the Daily Journal in every year since 2010, one of the Best Lawyers in America since 2005, one of the top 50 women lawyers in Northern California in 2011 and 2012, and a Northern California “Super Lawyer” since this peer award was first offered. Ms. House has also repeatedly been named one of the top antitrust lawyers in the United States by Chambers USA, where sources single her out as “a reliable and responsive, business-savvy practitioner” and "a long-standing, diligent antitrust attorney -- she commands great respect."

Recent Representations

  • Leading defense team for LG Display in TFT-LCD Flat Panel Screens MDL in the Northern District of California
  • Secured dismissal on the pleadings of claim that Sara Lee engaged in per se price fixing and territorial allocation with its distributors
  • Representing Blackberry in arbitration challenging bona fides of resolution of patent litigation
  • Led the damages effort and on trial team for Oracle Corporation that yielded a $1.3 billion verdict against SAP AG, SAP America and TomorrowNow for improper infringement and misuse of Oracle’s proprietary service and support software; this was the largest jury verdict of 2010 and the largest copyright verdict ever
  • Represented IKON Office Solutions in antitrust actions brought by independent servicer competitors who are complaining about IKON’s leasing practices and pursuing single-brand aftermarket domination claims
  • Assisted in defense of Intel Corporation in civil purported antitrust class actions related to Intel’s and other Silicon Valley companies’ hiring practices
  • Was on team representing Anadarko Petroleum in connection with Louisiana oil spill litigation against BP
  • Represented SanDisk Corp. in antitrust litigation in EDVA “rocket docket” seeking determination that MPEG patent pool was anti-competitive
  • Defended luxury goods conglomerate LVMH Moet Hennessy – Louis Vuitton and international trading giant Mitsui Co. Ltd. (and its subsidiaries) in complex multidistrict price-fixing litigations involving prestige cosmetics and the food additive methionine
  • Key member of team that represented Oracle Corporation in California state action brought by PeopleSoft in connection with PeopleSoft’s efforts to avoid acquisition by Oracle
  • Member of team which represented California Department of Water Resources (DWR) in dispute with energy supplier Sempra stemming from the California energy crisis; arbitration panel awarded $75 million to DWR in the first phase of the dispute
  • Lead counsel for high-tech storage company Adaptec Inc. in dispute with company it had acquired yielding client $53+ million arbitration result
  • Part of teams which represented electronic payment company First Data Corporation in actions brought by DOJ to block acquisition of Concord and investigating practices of subsidiary Western Union
  • Secured $50 million settlement for national real estate developer suing Indian tribe over casino development
  • Represented Covad Communications in its successful battles to compete in the dynamic broadband market, including $30 million arbitration result against SBC Communications
  • Defended National Football League in a heated dispute with Oakland Raiders involving intellectual property, contract, derivative and other claims summary; adjudication for NFL granted
  • Defended Eastman Kodak in all stages of ITS v. Kodak, a groundbreaking antitrust suit brought by independent service organizations regarding access to service parts that included several appeals (including to the U.S. Supreme Court) and a jury trial
  • Represented Frito-Lay Inc. against suit brought by California Attorney General under Proposition 65

Accolades and Recognitions

  • Benchmark Litigation, Top 250 Women in Litigation (2013) (2014)
  • Benchmark Litigation, Local Litigation Star, California (2012), (2013)
  • Top (100) Women Lawyers/Top 75 Women Litigators), Daily Journal (2010), (2011) (2012) (2013) (2014)
  • Oracle v. SAP — Top Plaintiff Verdict, Daily Journal (2011)
  • Top 50 Women Lawyers, Northern California, Super Lawyers (2011), (2012)
  • Best Lawyers in America, leading lawyer in Antitrust Law (2005–2014)
  • Chambers USA, leading lawyer in Antitrust (California) (2004, 2007, 2009–2013)
  • Super Lawyers, Northern California (2004–2014)
  • Super Lawyers Corporate Counsel Edition, Top Attorney in Corporate Litigation (Antitrust) (2009)
  • PLC Cross-Border Competition and Leniency Handbook, prominent practitioner in the antitrust field (2007–2009)

Speaking Engagements and Publications

  • Presenter, Antitrust and UCL Quarterly Update on Key Decisions and Developments, sponsored by the State Bar of California, Antitrust and Unfair Competition Law Section (Dec. 15, 2014)
  • Faculty, Practising Law Institute, Antitrust Institute: Developments & Hot Topics, Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints, annually co-teaches with former FTC Commissioner Thomas Rosch, (2009-2014)
  • Holly A. House & Kelsey W. Shannon, Component Cartels: Who Can Sue in N.D. Calif.? Law360 (September 5, 2013).
  • Lecturer, Antitrust and Competition: What You Need to Know (2012)
  • Panelist, Globalization 3.0 - The Challenge of Antitrust Counseling Across Divergent Global Jurisdictions, Women's Corporate Directors Institute (May 2012)
  • Panelist: U.S. Antitrust Litigation, Tokyo Japan (July 2012)
  • Speaker, Women’s Networking Event, co-sponsored by American Bar Association Section of Antitrust Law and ABA Commission on Women, San Francisco, Calif. (January 2011)
  • Moderator, Settlement Issues in Complex Litigation, 20th Annual Golden State Antitrust and Unfair Competition Law Institute, San Francisco, Calif. (October 2010)
  • Lecturer, ExecSense Webinar on Tips, Tricks, & Strategies for Preparing and Defending Rule 30(b)(6) Corporate Depositions (March 2010)
  • Also speaks regularly at State Bar of California and ABA antitrust events and publishes in CA state bar and other antitrust publications (2003–2005, 2008, 2011)

Professional and Community Involvement

  • Adviser, State Bar of California’s Antitrust and Unfair Competition Section (2005–present)
  • Chair of Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (2004–2005)
  • First vice chair, vice chair (Golden State Institute), secretary-treasurer and editor of Competition, Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (past)
  • ABA Antitrust Section

Education

  • J.D. from Harvard Law School in 1988; B.A. from Smith College, magna cum laude, in 1984
  • Admitted to practice in California; admitted to the U.S. District Court, Northern District of California, the U.S. District Court, District of Columbia, and the U.S. District Court, District of Colorado

News

September 26, 2011
Paul Hastings Bolsters Antitrust and Competition Practice with Addition of High-Profile Partner

June 01, 2012
Paul Hastings Continues Antitrust and Competition Expansion with Former Department of Justice Executive in DC

June 07, 2012
Paul Hastings Excels in Chambers USA 2012 Guide

August 06, 2012
Paul Hastings Secures Antitrust Victory on Behalf of LG Display

January 07, 2013
Paul Hastings Represents LG Display in Series of Successful Motions for Summary Judgment Narrowing Plaintiffs Claims

May 27, 2013
Paul Hastings Employment Practice Honored with Chambers ''Award for Excellence'' and Firms Leading Practices and Lawyers Ranked in Chambers USA 2013

June 05, 2013
Paul Hastings Extensive Practice Strength Highlighted in The Legal 500 United States 2013

May 27, 2014
Paul Hastings Leading Practices and Lawyers Ranked in Chambers USA 2014

Insights

December 09, 2014
What are the antitrust challenges that technology companies face?

July 14, 2014
The Ninth Circuit Gives the Antitrust Division Another Victory in a Cartel Case and Provides Further Guidance on the FTAIA

Practice Areas

Antitrust and Competition

Litigation

Admissions

California Bar

Education

Harvard Law School, J.D., 1988

Smith College, B.A., 1984


Jan McDavid is a partner in the Washington, D.C. office of Hogan Lovells, where she is co-chair of the antitrust practice.  She focuses on antitrust and trade regulation litigation and counseling, with a particular emphasis on government investigations, litigation, and legislation.  She has served as counsel in a number of significant antitrust matters, including for SAB Miller in its proposed transaction with ABInBev, Alstom is its transaction with GE, Verizon in its joint venture with Comcast and other cable TV companies, Verizon’s acquisition of Terremark, American Express in its acquisition of Revolution Money, Mandalay Resort Group in its merger with MGM Mirage, Mobil Corporation in its merger with Exxon, Carnival Corporation in its acquisition of P&O Princess, Ford in the formation of several joint ventures, American Express in the Justice Department's investigation and successful litigation against Visa and MasterCard, EMI in the Justice Department’s investigation of online music, and General Dynamics in its many defense industry transactions.

She is Co-Chair of the International Bar Association Antitrust Committee 2016-17.  She is a Past Chair of the Section of Antitrust Law of the American Bar Association.  She is a Non-Governmental Advisor to the International Competition Network.  She was a member of the Governing Committee of the ABA Forum on Franchising.  She is the author or co-author of many books and articles involving antitrust law, including the Antitrust Evidence Handbook, Mergers & Acquisitions and Antitrust & Trade Associations Practice Guide, all published by the ABA Antitrust Section, Antitrust Investigations: Successfully Managing Your Relationship with Agency Staff and Increasing Your Chances for Approval; New Merger Guidelines Emphasize Flexibility; Damages Cases in Europe, Dominant Firm Conduct, Merger Review Processes in the United States and the European Union: A Comparison, How to Avoid Negotiations on Second Requests, Antitrust Law: Intersection with IP, The Defense of Mergers in the Defense Industry, Antitrust Issues in Health Care Reform, and The 1992 Horizontal Merger Guidelines:  A Practitioner's View of Key Issues in Defending a Merger.  She is a frequent speaker on antitrust issues.

Ms. McDavid was an Advisor to the Transition Team for the Federal Trade Commission for the Obama Administration in 2008 and for the Bush Administration in 2001 and was a member of the Transition Team for the FTC for the Clinton Administration in 1992.  She also served as Co-Chair of the ABA Antitrust Section's Transition Task Force, which provided advice to the Obama Administration, and its Task Force on Competition Policy, which provided advice on antitrust issues to the Clinton Administration.  In 1993-94, she was a member of the Department of Defense Antitrust Task Force, which was appointed by the Secretary and the General Counsel of the Defense Department to advise on antitrust issues involved in defense industry mergers and joint ventures.  In 1996-97, she was a member of a Department of Defense Task Force to evaluate issues raised by Vertical Integration and Supplier Decisions among defense contractors.


PATRICIA A. CONNERS

Ms. Conners is Deputy Attorney General under Florida Attorney General Pam Bondi, responsible for many of the Office’s enforcement and litigation initiatives. In that capacity, she oversees the Antitrust, Consumer Protection, Lemon Law Arbitration and Civil Rights Divisions.  She also is currently supervising the state’s legal and enforcement response to the Deepwater Horizon oil spill disaster and was the supervising attorney representing Florida in the multistate negotiations with the five major mortgage servicers over various issues arising from the foreclosure crisis. Those negotiations concluded in 2012 with a 49-state $25 billion settlement, of which Florida, as one of the hardest-hit states, received $9.6 billion.  Ms. Conners also continues to serve as the Director of the Antitrust Division for the Attorney General’s Office, where, since 1995, she has been responsible for implementing and overseeing the Attorney General’s state and federal antitrust enforcement efforts.

She is board-certified in Antitrust and Trade Regulation by the Florida Bar and is a past chair of the Antitrust and Trade Regulation Certification Committee of the Florida Bar.  She is also active in the Antitrust Law Section of the ABA, where she has held a variety of leadership positions.

She was Chair of the NAAG Multistate Antitrust Task Force from 2001 to 2005, a position through which she coordinated multistate antitrust enforcement efforts and developed and ensured the implementation of policy related to Task Force initiatives.

Ms. Conners received both her undergraduate and J.D. degrees from the University of Florida.


Peggy Zwisler is a partner in the Litigation Department of Latham & Watkins' Washington, D.C. office. She is the immediate past Global Co-chair of Latham's nationally recognized Antitrust & Competition Practice.

Ms. Zwisler is an antitrust litigator with more than 35 years of experience. She has successfully represented antitrust defendants in numerous trials and achieved significant victories for them through both procedural and substantive dispositive motions. She is nationally recognized as one of the leading class action defense lawyers in the country, and has represented companies in antitrust class actions that involve, among other products, motor vehicles, chemicals, artificial teeth, contact lenses, graphics processing units, residential doors, grain, smokeless tobacco, insulation, pharmaceuticals and plumbing fixtures.

Recently, Law360 named Ms. Zwisler to its list of the 15 top female trial attorneys in the country. The Legal 500 US has twice listed Ms. Zwisler as one of the ten leading antitrust litigation lawyers in the United States, calling her “a very skilled practitioner” and noting that she is "lauded by clients for her skills in the courtroom.” She has been named a leading attorney in Chambers USA, Euromoney Benchmark Litigation and Global Competition Review's “Who's Who of International Competition Lawyers” as well as on its list of “Leading Women in Antitrust.” Ms. Zwisler was named one of the leading lawyers in the United States and one of the country's leading trial lawyers by Lawdragon Magazine, and the Legal Times named her as one of the leading business litigators in the Washington, D.C. area. In 2012, Ms. Zwisler was named a “Client Service All-Star,” in BTI Consulting Group’s annual survey of US corporate leaders asked to identify lawyers that represent client service excellence. Additionally, Ms. Zwisler was selected for inclusion on the 2013 Washington, D.C. Super Lawyers list which recognizes individuals who have distinguished themselves in their legal practice.

Bar Qualification

District of Columbia

Education

JD, George Washington University Law School, 1976
High Honors

BA, Saint Mary's College, Notre Dame, Indiana, 1971
cum laude


RACHEL C. BRANDENBURGER
Senior Advisor, New York

Rachel Brandenburger is a Senior Advisor in Hogan Lovells' Antitrust, Competition and Economic Regulation practice. She is recognized as a leading international antitrust and competition law and policy advisor. Rachel is a foreign legal consultant in New York and a qualified solicitor in England and Wales.

Rachel focuses on proceedings before European and other international antitrust agencies. She has appeared before antitrust, competition, and regulatory agencies around the world in matters involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels.

From 2010 to 2013, Rachel was Special Advisor, International to the Antitrust Division of the U.S. Department of Justice (DOJ). She advised on many Antitrust Division matters that involved extensive cooperation efforts between the Antitrust Division and its international counterparts, including the Deutsche Boerse/NYSE transaction, the merger between United Technologies Corporation and Goodrich Corporation, the eBooks investigation, revised best practices regarding cooperation in merger investigations with the European Commission, and memoranda of understanding with the Chinese and Indian antitrust agencies.

Rachel was also a partner at a leading international firm where she lead many cases involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels before the European Commission, the UK competition and regulatory agencies, and other antitrust, competition and regulatory agencies around the world.

Rachel is a frequent speaker on international antitrust and competition law and policy issues, and the author or co-author of many papers and publications on these issues. She is also a member of the editorial boards of Competition Policy International's Antitrust Chronicle and the International Bar Association's Competition Law International. Currently, she serves as Non-Governmental Advisor to the International Competition Network.

She is listed as a leading international antitrust and competition law and policy advisor in many guides and directories and named as one of the top 20 such advisors globally.

HOGAN LOVELLS PUBLICATIONS

"Streamlining the Chinese merger control process - further implementing rules issued." Hogan Lovells (21 April 2014)

PRACTICES

Government Regulatory
Antitrust, Competition and Economic Regulation

EDUCATION

B.A., with honors, University of Oxford, St Hilda's College, 1976

AWARDS / RANKINGS

U.S. Department of Justice's Antitrust Division Award of Distinction, 2011

MEMBERSHIPS

  • Non-Governmental Advisor, International Competition Network
  • Member, U.K. Department of Trade and Industry's Panel of Experts on the Modernization of EU Law
  • Member, American Bar Association (ABA), 1996-Present; Member, ABA Section of Antitrust Law's International Task Force, 2005-2009, 2012-Present; non-U.S. Representative on the Council of the Section of Antitrust Law, 2010-2013; Member, Section's Long Range Planning Committee, 2009-2010; Member, Presidential Transition Report Task Force, 2008-2009
  • Member, International Bar Association, 1996-Present; Member, Extraterritorial Jurisdiction Task Force, 2007-2008
  • Member, Competition Group of The Law Society of England and Wales, 1988 - Present; Chair, 2000-2001

BAR ADMISSIONS / QUALIFICATIONS

England and Wales


Robert P. Taylor
RPT Legal Strategies PC

Intellectual property lawyer (1985 to present)

  • Lead counsel in numerous patent infringement cases involving wide spectrum of mechanical, electronic, chemical and pharmaceutical technologies and industries.
  • Lead counsel or co-counsel in numerous copyright and trade secret cases involving wide range of technologies and creative works.
  • Extensive experience in matters involving the interface of intellectual property law and antitrust law, including litigation, counseling and licensing.

Business strategy and consulting

  • Written and lectured for more than 35 years on the strategic and tactical uses of intellectual property in a business context and the legal principles that govern such uses.
  • New Enterprise Associates, Venture Advisor – 2007 to present
  • Counseled and advised both large and small companies as to best practices in protecting their own IP and avoiding or managing IP conflicts with others.

Professional Recognition

  • Fellow, American College of Trial Lawyers, 1992 to present.
  • Chair, Antitrust Section, American Bar Association, 1991-92.
  • Co-Chair, Intellectual Property Institute, sponsored by Practicing Law Institute in New York and San Francisco, 1998 to present.
  • Co-chair, Antitrust Committee of Intellectual Property Owners Association (“IPO”) (at least 10 years).
  • Member, Amicus Committee of IPO, 2009 to present.
  • Member, Secretary of Commerce Commission on Patent Law Reform, 1992.
  • Lifetime Member, American Law Institute.
  • Listed in Chambers worldwide directory of business lawyers (at least 10 years).
  • Listed in “Best Lawyers in America” (at least 10 years).


Stephen Neuwirth
Partner

Practice Areas

Antitrust and Trade Regulation
Appellate Practice
Class Action Litigation
Plaintiffs' Litigation
Securities Litigation
Transnational Litigation

Biography

Stephen Neuwirth chairs Quinn Emanuel’s Antitrust and Competition Law practice, recognized by Law360 in 2011 as one of the top five competition law practices in the country. (Law360 also recognized Mr. Neuwirth as one of eight competition law “MVPs” nationwide in 2012.) Mr. Neuwirth handles a broad range of litigation matters, with particular emphasis on antitrust, contract disputes, corporate governance, class actions, and matters arising from transactions between foreign and U.S. businesses. Mr. Neuwirth brings to bear over two decades of experience in private practice and government, including serving as Associate White House Counsel to President Clinton from 1993-1996. In 1998, the U.S. Department of Justice retained Mr. Neuwirth to assist in the Antitrust Division’s litigation against Microsoft Corporation. Mr. Neuwirth is the rare lawyer with a “blue chip” practice on both sides of the “v,” representing major corporations as plaintiffs and defendants in individual and class actions. Chambers USA (2008) described Mr. Neuwirth as “renowned for his deep understanding of corporate transactions and antitrust matters.” Mr. Neuwirth appears in the 2013 edition of The Best Lawyers in America.

Representative Clients

Barnes & Noble, Inc.
FEMSA
Grupo Televisa
Harley Davidson, Inc.
The Home Depot
Honeywell International, Inc.
IBM Corporation
Madison Square Garden
Olin Corporation
Unisys Corporation

Notable Representations

As lead counsel for Mexico's Grupo Televisa, the world's largest Spanish-language media company, won federal preliminary injunction blocking JPMorgan from transferring to a Televisa competitor a $200 million interest in a loan JPMorgan had made to Televisa's cable television business.

Co-lead counsel for Barnes & Noble, Inc., in defense of state and federal derivative actions concerning the company’s stock option practices, and related matters.

Lead counsel for Mexico’s Grupo Televisa in its successful Eleventh Circuit appeal of a district court ruling that had dismissed Televisa’s tortious interference with contract claims against rival Telemundo Communications, Inc.; a unanimous panel of the Eleventh Circuit ruled that Televisa could pursue both damages and punitive damages under Florida law.

Lead counsel for IBM in its successful defense of class action antitrust claims. Lead trial and appellate counsel for FEMSA, which obtained a preliminary injunction, upheld by the U.S. Court of Appeals for the Second Circuit, blocking a proposed $300 million transaction by the U.S. joint venture partner of FEMSA’s U.S. subsidiary.

As court-appoint co-lead counsel for plaintiffs, won certification of a nationwide class of direct purchasers of flexible polyurethane foam (used in furniture, bedding and carpet underlay, among other things), in federal multidistrict litigation alleged that the major polyurethane foam manufacturers conspired to fix prices.

For Honeywell International, won dismissal of all claims by a disgruntled former distributor that sued in federal court.

Secured voluntary dismissal of all claims against client Rabobank in the federal multidistrict litigation alleging a bid-rigging conspiracy in the market for municipal derivatives.

Education

Yale Law School
(J.D., 1987)

Yale College
(B.S., summa cum laude, Phi Beta Kappa, 1984)

Prior Associations

Boies, Schiller & Flexner:
Partner, 1996-2005

Associate White House Counsel to the President of the United States, 1993-1996

Wachtell, Lipton, Rosen & Katz:
Associate, 1988-1993

Law Clerk to the Hon. Peter K. Leisure:
United States District Judge, Southern District of New York, 1987-1988

Admissions

Member, The State Bar of New York; United States Court of Appeals: Second Circuit, Third Circuit, Fourth Circuit, Eleventh Circuit; United States District Court: Southern District of New York, Eastern District of New York


Yvonne Quinn is a member of the Firm's Litigation Group and one of two partners in charge of coordinating the Firm's Antitrust Group. Her practice focuses on antitrust litigation, merger analysis and review, and counseling work.

Ms. Quinn's clients include leading commercial banks, equity funds, investment banks, insurance companies, cable television operators, television programming suppliers, newspapers, publishers, sports franchise owners, advertising sales and healthcare companies, pharmaceutical and chemical companies, and many others.

Ms. Quinn has been a co-chair of the Practising Law Institute's Annual Antitrust Law Institute in New York since 2001 and has taught the mergers and acquisitions portion of the Institute since 1995. She is a member of the Executive Committee of the Antitrust Section of the New York State Bar Association and a vice chair of the Financial Services Committee of the Antitrust Section of the American Bar Association. From 1989 to 1992, she was the chair of the Antitrust and Trade Regulation Committee of the New York City Bar Association.

Ms. Quinn has been recognized as a leading antitrust practitioner in, among other guides to the legal profession:

  • Euromoney's Benchmark: America's Leading Litigation Firms and Attorneys (New York) (2008-2013)
  • Chambers USA (2003-2012)
  • Chambers Global (2003, 2004-2005, 2011)
  • The Legal 500, United States (2011)
  • Law Business Research's The International Who's Who of Competition Lawyers (2004-2007, 2009) and The International Who's Who of Business Lawyers (2004-2007, 2009)
  • Euromoney's Guide to the World's Leading Competition and Antitrust Lawyers (every year since 1998)
  • The Best Lawyers in America (2007-2013)
  • Lawdragon 3000: Leading Lawyers in America (2009-2010) and Lawdragon 500: Leading Lawyers in America (finalist)
  • New York Super Lawyers (2006-2012)

PRACTICES & CAPABILITIES

  • Litigation
  • Antitrust
  • Criminal Defense & Investigations
  • Financial Services
  • Consumer & Retail
  • Payment Systems

EDUCATION

  • 1977, University of Michigan, M.A.
  • 1976, University of Michigan Law School, J.D.
  • 1973, University of Illinois, B.A.

BAR ADMISSIONS

  • New York

 

 


Former FTC Commissioner (7 year term); antitrust litigator (40 plus years) first at the McCutchen firm and then at the Latham firm; Fellow American College of Trial Lawyers since 1988; chair of both the ABA Antitrust Section and the California State Bar Antitrust and Consumer Protection Section; California Antitrust Lawyer of the Year 2003.


David Gelfand joined the Antitrust Division of the US Department of Justice in August 2013 as Deputy Assistant Attorney General for Litigation. In this capacity he is responsible for overseeing the Division’s litigation efforts, working with the Division’s talented staff on matters likely to result in litigation. A highly regarded antitrust lawyer and a talented antitrust litigator he has experience litigating antitrust cases before courts in the United States as well as appearing before the European Commission.

Prior to joining the Department of Justice Dave was a partner at Cleary, Gottlieb, Steen & Hamilton LLP, in Washington, D.C., a position he held since 1997. From 1991-1997, he was an associate at the firm. From 1987-1991, he was an associate at Miller, Cassidy, Larroca & Lewin, in Washington, D.C. Dave has antitrust experience in various industries, including transportation, telecommunications, financial and data services and other consumer products.

Dave received his law degree from Georgetown University Law Center in 1987, where he graduated summa cum laude. He received his Bachelor of Science degree in economics from the Wharton School at the University of Pennsylvania in 1981, where he graduated magna cum laude. In 2003, he was named one of the “45 under 45” best lawyers in America by The American Lawyer.


Harvey Saferstein is the Managing Member for the firm’s Los Angeles office. His practice includes antitrust and intellectual property counseling and litigation, as well as complex commercial and business litigation.

With an extensive litigation background, Harvey has experience as trial and appellate counsel in antitrust cases and class actions within federal and state courts. In antitrust and consumer protection investigations, he has represented numerous businesses, advising them on how to comply with state and federal antitrust laws (such as the Robinson-Patman Act), consumer protection laws, and other business regulations. Additionally, Harvey has conducted compliance seminars for major corporations, performed Hart-Scott-Rodino filings in mergers and joint ventures, and offered compliance counseling for major advertisers regarding consumer protection laws, intellectual property rights, and media law. Harvey has handled a variety of patent cases in Los Angeles and San Diego federal court, including cases involving software and media patents.

Among Harvey’s many litigation management successes is his involvement in the organization, structuring, and hiring of personnel for a free-standing “branch” office in Chicago. This group went on to represent a Chicago-based client in a hostile takeover. Harvey has also represented persons and companies alleged to have been involved in criminal price fixing.

Outside of the antitrust and class action realm, Harvey has handled all types of business disputes, including intellectual property, employment disputes, and complex business litigation.

As member of the Board of Governors and President of the State Bar of California, as well as the Chair of the Ninth Circuit Judicial Conference, Harvey has had the opportunity to become involved in the appointment process for both state and federal judges in California and Los Angeles.

During law school, he was the executive editor of the Harvard Law Review. After graduating from law school, Harvey served as a law clerk to Chief Judge Bailey Aldrich, US Court of Appeals for the First Circuit, in Boston, Massachusetts, and as an attorney advisor to Federal Trade Commissioner Philip Elman in Washington, DC. Harvey served as Regional Director of the Federal Trade Commission for two years.


Maureen K. Ohlhausen was sworn in as a Commissioner of the Federal Trade Commission on April 4, 2012, to a term that expires in September 2018. Prior to joining the Commission, Ohlhausen was a partner at Wilkinson Barker Knauer, LLP, where she focused on FTC issues, including privacy, data protection, and cybersecurity. Ohlhausen previously served at the Commission for 11 years, most recently as Director of the Office of Policy Planning from 2004 to 2008, where she led the FTC’s Internet Access Task Force. She was also Deputy Director of that office. From 1998 to 2001, Ohlhausen was an attorney advisor for former FTC Commissioner Orson Swindle, advising him on competition and consumer protection matters. She started at the FTC General Counsel’s Office in 1997.

Before coming to the FTC, Ohlhausen spent five years at the U.S. Court of Appeals for the D.C. Circuit, serving as a law clerk for Judge David B. Sentelle and as a staff attorney. Ohlhausen also clerked for Judge Robert Yock of the U.S. Court of Federal Claims from 1991 to 1992. Ohlhausen graduated with distinction from George Mason University School of Law in 1991 and graduated with honors from the University of Virginia in 1984.

Ohlhausen was on the adjunct faculty at George Mason University School of Law, where she taught privacy law and unfair trade practices. She served as a Senior Editor of the Antitrust Law Journal and a member of the American Bar Association Task Force on Competition and Public Policy. She has authored a variety of articles on competition law, privacy, and technology matters.


Theodore L. Banks (Ted) is a partner in the firm of Scharf Banks Marmor LLC in Chicago, where his practice concentrates on general corporate and antitrust matters.  He is also President of Compliance & Competition Consultants, LLC, a firm devoted to assisting corporations in development of effective and efficient programs in the areas of corporate compliance, product distribution, internal investigations, and records management.  Formerly, he served as Chief Counsel & Senior Director, Global Compliance Policy, at Kraft Foods in Northfield, Illinois.  During his career at Kraft, his responsibilities also included supervision of complex litigation, negotiation of major corporate transactions, global records management, antitrust, and supervision of computer applications used in the Corporate and Legal Affairs Department.  He is also an Adjunct Professor of Law at Loyola University (Chicago) School of Law, where he teaches corporate compliance.

Throughout his career, Ted directed many substantial corporate transactions and dozens of litigated cases, in antitrust and in other areas.  He supervised the $19 billion acquisition of Nabisco by Kraft, and the $8.7 billion IPO of Kraft Foods Inc.   He currently serves as a compliance monitor on behalf of the Federal Trade Commission and the Competition Bureau of Canada to ensure that respondent companies comply with orders issued by those agencies. 

Ted has written numerous articles on antitrust, compliance, and legal automation topics. He co-edited the Corporate Legal Compliance Handbook, published by Aspen/Wolters-Kluwer, and his multi-volume treatise, Distribution Law: Antitrust Principles and Practice, also published by Aspen/Wolters-Kluwer, is now in its second edition.  He is a frequent speaker at professional education programs, where he strives not to bore the attendees too much.