Jason M. Powers

Algorithmic pricing antitrust litigation:  Successfully defended a nationwide operator of student-focused apartment homes against claims that it used revenue management software to coordinate prices with competitors; worked with other defendants to obtain dismissal of the claims under Rule 12(b)(6)

Airline capacity litigation:  Defended a major airline against claims that it conspired with other airlines to reduce capacity and increase fares; worked with other V&E lawyers to position the matter for a favorable settlement while other defendants faced years of litigation

Antitrust consumer class action: Defended a Fortune 500 auto retailer against consumer classes alleging price-fixing and deceptive trade practices; briefed and helped to obtain reversal of federal court class certification of antitrust claims; helped obtain approval for a favorable class settlement in state court; oversaw the class notice and administration process on behalf of the settling defendants

Retail monopolization: Obtained dismissal with prejudice of a bankrupted produce supplier’s Sherman Act Section 1 (distribution channel foreclosure), Sherman Act Section 2 (attempted monopolization), and Clayton Act Section 7 (merger-to-monopoly) claims against a large grocery chain; demonstrated that limitations barred supplier’s claims, notwithstanding its “continuing violation” theory, and that supplier lacked antitrust standing to pursue retail monopolization claims

Aquaculture monopolization:  Successfully defended the world’s leading shrimp broodstock supplier against claims that it used restrictive covenants and non-compete agreements to monopolize and restrain trade in key lines of Pacific White shrimp

Pipeline distribution monopolization:  Successfully defended a major midstream operator against claims that it used a leading position in crude oil distribution to monopolize related storage terminal businesses; positioned the matter for a nonmonetary settlement that preserved the operator’s control over its system

Economic credentialing: Successfully defended a general hospital against state court antitrust claims brought by a physician who became ineligible to practice at the hospital after he acquired a competing specialty hospital; preserved the general hospital’s conflict of interest policy, defeating a request for injunction sought under state antitrust law and state health codes

Bundling: Represented a global medical products manufacturer in federal court litigation alleging that the manufacturer’s product bundling and exclusive-distribution discounting violated antitrust law and excluded competing sellers; teamed with other V&E lawyers to obtain a highly favorable settlement

Hospital acquisition: Successfully defended a state court antitrust action to enjoin a hospital acquisition, allowing the merger to go forward without restrictions

Compliance: Designed and presented an antitrust compliance program for a large integrated chemicals concern, speaking on compliance issues to thousands of employees across the U.S

Sales channel contract dispute: Defended a national gasoline retailer against an ATM supplier seeking tens of millions of dollars in damages over a nationwide contract for a sales channel presence in the retailer’s stores; teamed up with other V&E lawyers to obtain a take-nothing award in a CPR arbitration over breach of contract, tort, and RICO claims

Freedom of Information Act:  Represented an industry trade group in litigation against the U.S. Department of Agriculture to protect the confidentiality of sensitive retail sales data held by the federal government; obtained injunction to protect the data from public disclosure

National Advertising Division false-advertising claims: On behalf of a major grocer, pursued relief against competitors making false price superiority claims in national ad campaigns; obtained NAD directive to the competitors to modify their ads

Distributor Termination: Defended a major agricultural producer against contract claims by an international distributor in federal district court; defeated the distributor’s request for an injunction that would have forced the producer to continue supplying the distributor, then defeated most of the distributor’s damages claim on summary judgment, positioning the matter for a favorable settlement

M&A environmental indemnity dispute: Defended a chemicals distributor against claims that it was obligated to indemnify its former parent company for the parent’s environmental cleanup costs; defeated the plaintiff’s claim on summary judgment in Delaware Superior Court and then argued the appeal to the Delaware Supreme Court, obtaining complete affirmance

M&A asbestos indemnity dispute:  Defended the buyer of an automotive and aeronautical parts manufacturer against claims that it owed indemnity obligations to the company’s seller; worked with other V&E lawyers to obtain a Texas Supreme Court ruling that our client was not subject to personal jurisdiction in Texas

Business disparagement and trademark interference: Defended a trademark owner against claims that it interfered with the development of an electronic marketplace service, resulting in the closure of the business; positioned the dispute for a favorable settlement securing the client’s trademark rights and resolving parallel proceedings in federal district court, federal bankruptcy court, and Patent & Trademark Office proceedings

HMO patient dumping: Represented a premier pediatric hospital pursuing state court claims against a health maintenance organization for millions of dollars in uncompensated emergency care provided to its members; worked with other V&E lawyers to recover for past services and establish a new going-forward business relationship between the hospital and the HMO

False Claims Act: Defended a government contractor against allegations of falsifying and manipulating records to overcharge the government; reached a settlement under which all qui tam claims were dismissed without any payment to the government

E&P spinoff dispute: Represented a publicly traded international gas producer in a dispute with its former parent company, defending the producer’s ownership of its key oil and gas assets and blocking the former parent’s attempt to re-assert control of the spun-off company; worked with a team of V&E lawyers to defend five separate lawsuits and arbitration proceedings in two states involving allegations of breach of contract, torts, mineral title disputes, and shareholder derivative claims; helped position the suits for a settlement to which the market responded with immediate and significant gains in the client’s share price

AMI litigation: Retained by an unconventional producer to step into a three-year-old dispute its new subsidiary faced over an alleged area of mutual interest (AMI) in the Fayetteville Shale. With trial approaching, worked with other V&E lawyers to negotiate a settlement that unwound the AMI, preserved the client’s key assets and its rights to continue its development program, and resulted in dismissal of parallel proceedings in two states

Asset sale price adjuster dispute: Represented a multinational energy company in federal court contract litigation in California over the sale of its oil producing assets; teamed with other V&E lawyers to defeat the opponent’s eight-figure damages claim based on a price adjuster clause in the sale agreement; then recovered an additional eight-figure settlement in our client’s favor on its counterclaims

Chemical products litigation: Represented a large refiner in seven lawsuits brought by end users over alleged defects in plastic resins, all of which were defeated on summary judgment or settled on highly favorable terms

Energy trading venture: In a $250 million ICDR arbitration, defended a Fortune 100 energy company against its partner’s allegations that it breached fiduciary duties in the management of one of the nation’s largest energy traders; helped obtain a favorable settlement to resolve the litigation and facilitate the wind down of the joint venture

Vanishing premium litigation: Represented a multinational life insurer in a putative consumer class action involving claims in contract, good faith and fair dealing, and unjust enrichment; obtained summary judgment in Texas state court, and then successfully argued to uphold the decision in the Austin Court of Appeals

ATM consumer fee class: Defended a large retail chain against allegations that it failed to comply with the Federal Reserve Board’s fee disclosure requirements for automatic teller machine operators; developed evidence that positioned the case for a favorable settlement

Financial derivatives dispute: Defended a major investment bank against claims that it failed to adequately advise the City of New Orleans with a respect to variable-rate municipal bonds and related interest rate swaps, allegedly causing more than $160 million in damages; tried the case in federal district court and obtained a highly favorable settlement while awaiting judgment

10b-5 claims: Represented a large software company in putative class securities fraud litigation, teaming up with other V&E lawyers to successfully obtain dismissal under the Private Securities Litigation Reform Act and cut off a potential eleven-figure damages claim

Wrongful buyout claims: Defended limited partners against a state court lawsuit alleging that they conspired to squeeze out a fellow partner prior to selling the partnership entity for a gain; drew on the partnership documents and plaintiff’s conduct to contest the plaintiff’s fraud and fiduciary duty theories, positioning the case for a favorable settlement

Internal investigation: Participated in an audit committee investigation of accounting irregularities at a safety products manufacturer, helping to turn up evidence and information needed to complete the manufacturer’s independent audit process, so that financial statements could be issued to investors and filed with the SEC