ESG litigation: Representing index investment company in lawsuit brought by 11 state attorneys general concerning alleged conspiracy to cut coal production
Monopolization: Represented a cell tower operator and its executives against a competitor, the nation’s largest tower company; part of V&E team that prosecuted and defended against numerous claims, including RICO, antitrust, Lanham Act, business disparagement, and tortious interference; defended individual executives accused of RICO violations, and subsequently obtained summary judgment dismissing competitor’s RICO and antitrust claims
GPO discount litigation: Successfully assisted in the defense of the nation’s largest health care GPO in a $600 million antitrust action alleging exclusive dealing and challenging bundled discount arrangements; GPO client settled before trial with no cash payment (team member)
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
Egg supply litigation: Represented defendant egg producer in the Processed Egg Products Antitrust Litigation class action in federal court in Philadelphia
Chemical pricing litigation: Represented defendant specialty chemical company in the Titanium Dioxide Antitrust Litigation class action in federal court in Maryland, the Urethane Antitrust Litigation direct purchaser class action in federal court in Kansas, and Urethane Antitrust Litigation indirect purchaser class action in federal court in Massachusetts
Employee drug testing: Obtained voluntary dismissal, with no cash payment, of antitrust claims brought against an exploration and production company by a drug testing company alleging that exploration companies conspired to utilize the drug testing services of plaintiff’s competitor
Tying: Represented a television program distributor in a breach of contract action brought against a broadcasting company; defended against broadcaster’s counterclaims alleging tying of television programs licensed in the contract
Insurance agent rating system: Obtained summary judgments in two test cases (12 similar cases) where plaintiffs challenged insurance company’s agent rating system with multiple claims under the Texas antitrust, consumer protection, and insurance statutes