Michael W. Scarborough

Represented leading international electronic component manufacturers in criminal proceedings and civil price-fixing class actions, opt-out cases and State Attorneys General actions concerning thin film transistor liquid crystal display products; In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827, including groundbreaking litigation regarding the Antitrust Division Leniency Program and Antitrust Criminal Penalty Enhancement Reform Act (618 F.Supp.2d 1194) and dismissal of multi-billion dollar opt-out claims based on overseas purchases under the Foreign Trade Antitrust Improvements Act. Mobility LLC v. AU Optronics Corp., 775 F.3d 816 (7th Cir. 2015)

Lead counsel defending data benchmarking companies against consolidated class action claims alleging price fixing of construction equipment rentals; In re Construction Equipment Rental Antitrust Litig., MDL No. 3152 (N.D. Ill.)

Lead counsel for property lessor in connection with series of consolidated class actions alleging conspiracy to increase or stabilize the price of multifamily apartments using common revenue management software; In re RealPage, Inc., Rental Software Antitrust Litig., MDL No. 3071 (M.D. Tenn.)

As lead counsel for major global provider of cybersecurity products, obtained complete dismissal of antitrust boycott and refusal to deal claims regarding testing standards development, as well as closure of related Department of Justice Antitrust Division investigation without action; NSS Labs v. Crowdstrike, Inc., Case No. 5:18-cv-5711 BLF (N.D. Cal.)

Lead counsel defending national property lessor in consolidated putative national class actions alleging conspiracy to increase or stabilize the price of multifamily apartments using common revenue management software; In re Yardi Revenue Management Antitrust Litig., Case No. 2:23-cv-1391 RSL (W.D. Wash.)

As national counsel for industry-leading global electronics companies, obtained corporate criminal leniency and defended civil price-fixing class and opt-out actions regarding lithium ion rechargeable battery products; In re Lithium Ion Batteries Antitrust Litig., MDL No. 2420 (N.D. Cal.)

Lead counsel for confidential consumer product distributor in Department of Justice Antitrust Division market allocation criminal investigation, which was concluded without action

Representing major real estate brokerage in antitrust class actions alleging conspiracy to force home-sellers and home-buyers to pay inflated sales commissions to real estate brokerages; Gibson v. The National Association of Realtors, Case No. 4:23-cv-00788-SRB (W.D. Mo.); Batton v. Compass, Inc., Case No. 1:23-cv-15618-ARW (N.D. Ill.)

As national counsel, represented multinational electronics companies in federal criminal and state government enforcement actions and private civil price-fixing class and opt-out cases regarding cathode ray tube products; In re Cathode Ray Tube (CRT) Antitrust Litig., MDL No. 1917 (N.D. Cal.)

As lead counsel, defended automotive parts manufacturing company against antitrust boycott claims; O.E.M. Glass Network, Inc. v. Mygrant, Case No. 1:19-cv-0742 NGG (E.D.N.Y.)

As lead counsel for UK-based luxury fashion house, obtained dismissal of putative national consumer antitrust class action regarding alleged price-fixing of consumer eyewear; Fathmath v. EssilorLuxottica S.A., Case No. 3:23-cv-3626 JD (N.D. Cal.)

Defended global electronics companies in consolidated class and individual actions alleging price-fixing of flash memory products; In re Flash Memory Antitrust Litig., MDL No. 1852 (N.D. Cal.)

Obtained corporate criminal leniency and defended international electronics companies in civil price-fixing class actions regarding static random access memory chip products; In re SRAM Antitrust Litig., MDL No. 1819 (N.D. Cal.)

Lead counsel for information technology services company and top executive with respect to criminal Sherman Act bid-rigging charges and related false claims and unfair competition civil action by California Attorney General; U.S. v. Brewer, Case No. 2:16-cr-0239 MCE (E.D. Cal.); California v. Pro Network Tools, Inc., San Francisco Superior Case No. CGC-15-545177

As national counsel, defended civil price-fixing and government enforcement actions against leading international electronics companies regarding dynamic random access memory chip products; In re DRAM Antitrust Litig., MDL No. 1486 (N.D. Cal.)

Lead counsel for largest pure-play E&P shale oil company in the Delaware Basin in consolidated antitrust consumer class actions alleging conspiracy to decrease domestic shale oil production; In re Shale Oil Antitrust Litig., MDL No. 3119 (D. N.M.)

Lead counsel for global European energy company with respect to civil investigative requests from the California Attorney General and related civil litigation regarding allegedly anticompetitive energy trading practices; California v. Vitol Inc., et al., San Francisco Superior Court Case No. CGC-20-584456; In Re California Gasoline Spot Market Antitrust Litig., Case No. 20-cv-03131-JSC (N.D. Cal.)

Obtained closure of Department of Justice Antitrust Division price fixing and market allocation criminal investigation into one of world’s largest energy companies without any indictments

Representing leading national fuel company with respect to regulatory inquiries by the Division of Petroleum Market Oversight within the California Energy Commission and the Antitrust Section of the California Attorney General’s Office

Represented confidential multinational energy client in internal investigation into antitrust criminal matters and related compliance issues

Lead antitrust counsel for automotive component supplier seeking declaratory relief and determination and imposition of FRAND licensing terms in action challenging monopolization and concerted refusal to license alleged standard essential patents relevant to cellular standards on FRAND terms and conditions; Continental Automotive Systems, Inc. v. Avanci, LLC, Case No. 19-cv-2933-M (N.D. Tex.); Fifth Circuit Appeal No. 20-11032

Secured complete dismissal of all claims against global leading mobile device manufacturer in boycott and monopolization case relating to smartphone patent licensing, based on lack of antitrust standing and failure to allege a plausible conspiracy; obtained affirmance of defense judgment on appeal to the Ninth Circuit Court of Appeals; Cascades v. RPX Corp., Samsung Electronics, Co., Ltd., Case No. 4:12-cv-1143 YGR (N.D. Cal.); Ninth Circuit Appeal No. 16-15782, F. App’x 553, 555 (9th Cir. Dec. 11, 2017)

Antitrust counsel for global electronics company defending IP-related antitrust claims in multi-billion dollar litigation with Rambus, coordinating with patent counsel in worldwide related proceedings; Rambus Inc. v. Micron Technology, Inc., et al., San Francisco Superior Court Case No. CGC-04-431105

Represented leading international smartphone manufacturer in global patent and standards related antitrust governmental proceedings and private antitrust actions involving major technology companies and patent licensors

Obtained complete dismissal of sham litigation, predatory pricing and state unfair competition counterclaims in patent infringement action concerning electric grid voltage optimization technology; RGA Varentec, Inc. v. GridCo, Inc., Case No. 16-217-RGA-MPT (D. Del.)

Lead trial counsel for global micro-irrigation companies and design firms as plaintiffs in action alleging group boycott conspiracies among manufacturers of micro-irrigation products in violation of California’s Cartwright Act and Unfair Competition Law, and as defendants in companion Lanham Act and antitrust action; Jain Irrigation, Inc., et al. v. Netafim Irrigation, Inc., San Diego Superior Case No. 37-2019-00035422-CU-AT-CTL; Netafim Irrigation, Inc. Jain Irrigation, Inc., Case No. 1:21-cv-00540-AWI-EPG (E.D. Cal.)

Representing multiple prominent hospital systems asserting Section 1 claims against MultiPlan, Inc. regarding conspiracy to underpay out-of-network healthcare reimbursements; In re Multiplan Health Insurance Provider Litigation, MDL No. 3121 (N.D. Ill.)

As lead trial counsel, defended telescope manufacturer against price-fixing, market allocation, attempted monopolization, and related state law claims, including through six-week jury trial, obtaining summary judgment on below-cost pricing and refusal to deal claims prior to trial; Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd., Case No. 5:16-cv-6370 EJD (N.D. Cal.)

Represented largest independent publisher of yellow pages phone directories in California as plaintiff in below cost pricing, loss leader and secret rebate action under California Unfair Practices Act; AGI Publishing, Inc. v. YP Western Directory, Fresno Superior Case No. 14 CE CG 00656

Represented Mastercard in series of actions challenging foreign currency conversion practices under California Unfair Competition Law, including five-month trial and successful defense appeal of judgment; Schwartz v. Visa International Service Association, MasterCard International, Inc., et al. (2005) 132 Cal.App.4th 1452; In re Currency Conversion Fee, MDL No. 1409

Defended leading global payments network in coordinated class actions and related appeals concerning alleged payment card tying and network exclusionary practices; In re Credit/Debit Card Tying Cases, Cal. Jud. Council Coord. Proc. No. 4335

In numerous separate actions, defended Samsung Electronics companies against claims of false and misleading advertising of inkjet printers, MP3 players and hard disk drives, respectively, under California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act

Secured dismissal of putative class action against leading global payments network under California consumer privacy laws regarding highly publicized third party processor data security breach; Parke v. CardSystems Solutions, Inc., San Francisco Superior Case No. CGC-05-442624

Counsel for Mastercard in numerous putative class and individual actions brought variously by consumers, merchants and acquiring institutions, involving challenges to payment network’s fraud protection, chargeback processing, merchant termination and MATCH policies, programs and contracts

As counsel for leading media companies, blocked private antitrust challenge to acquisition of Contra Costa Times and San Jose Mercury News; Reilly v. MediaNews Group, Inc. et al., Case No. 06-cv-04332-SI (N.D. Cal.)

Participated in successful trial defense of leading global, diversified information, services and media company’s acquisition of the San Francisco Chronicle; Reilly v. The Hearst Corporation, et al.(N.D. Cal. 2000) 107 F.Supp.2d 1192, 2000-2 Trade Cas. (CCH) ¶ 72,992