Leading defense of LinkedIn in a putative class action alleging monopolization, attempted monopolization, and unreasonable restraints of trade in violation of Sections 1 and 2 of the Sherman Antitrust Act.

Leading defense of Simplot AB Retail in multidistrict, multidefendant putative class action litigation alleging collusion between crop inputs manufacturers, wholesalers, and retailers to boycott an alleged e-commerce platform.

ICC Arbitration

Leading cross-office and cross-disciplinary team on behalf of HTC challenging whether Ericsson’s licensing of cellular standard essential patents for smartphones violated Sections 1 and 2 of the Sherman Act, Ericsson’s fair, reasonable, and nondiscriminatory (FRAND) obligations, the parties’ license agreement, or resulted in unjust enrichment.

JAMS Arbitration in San Francisco, CA 
Obtained an award of $100 million plus fees and costs for pharmaceutical company in an arbitration involving trade secret misappropriation, breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair competition claims.

Counsel to plaintiff ATL in Lanham Act - false advertising and unfair competition claims. Case resolved successfully in private trial. Injunction entered in federal court in favor of client.

Defended alleged price-fixing claims brought by class of Bristol Bay salmon fishermen. Client settled during trial. 48 P.3d 432 (Alaska 2002)

Counsel to plaintiff Albertson's in treble damages antitrust action alleging price fixing.

Defending challenge to regulation of ticket scalping.

Represented Coopers & Lybrand LLP in a fraud and racketeering suit concerning The Mercado project in downtown Phoenix. Obtained affirmance of summary judgment on corporate fraud and conspiracy claims on statute of limitations grounds.

Represented Coopers & Lybrand in connection with investigation of bid-rigging and other allegations relating to state contracts for Project SLIM.

Trial counsel for Arista Records in action alleging unlawful restraint of trade under Arizona antitrust laws. Settled on terms favorable to Arista.

Counsel to defendant Boeing Computer Services in antitrust case alleging monopolization of telecommunications services market. Dismissed through summary judgment; affirmed on appeal.

Defended Bristol-Myers in multiparty treble damages class action alleging price fixing in the sale of prescription drugs.  Case dismissed for lack of standing.  Illinois Brick doctrine applied to private antitrust actions under Washington law. 86 Wn. App. 782,  938 P.2d 842 (1997)

Counsel for amicus in Supreme Court case involving antitrust preemption and standing.  490 U.S. 93 (1989)

Successfully defended multidistrict antitrust price-fixing class action regarding Canadian lumber. Case dismissed by District Court on Rule 12 motion; affirmed by Court of Appeals.

Represented Chrysler in defense of an antitrust suit.  1997 WL 686028 (9th Cir.)

Obtained dismissal on behalf of Dollar Thrifty of antitrust action seeking to block potential merger.

Obtained preliminary injunction where the court found that CDW had demonstrated a likelihood of success on the merits with regard to their trade secret misappropriation, conspiracy to breach fiduciary duty and unfair competition claims. The court also concluded that the competitor tortiously interfered with valid restrictive covenants. Reported at 2010 WL 2710626. (July 2010)

Counsel for defendant Del Monte in action alleging monopolization and attempts to monopolize a market for extra sweet pineapples.

Counsel for plaintiff in LCD price-fixing conspiracy case. Jury verdict for Costco after a five-week trial. Case settled following appeal.

Counsel for plaintiff in CRT price-fixing conspiracy case.

Plaintiff's counsel in antitrust and constitutional challenge to state laws governing the sale and distribution of wine and beer. Costco prevailed at trial. The Ninth Circuit affirmed the invalidity of some of the regulations but reversed as to others. In a separate appeal, Costco prevailed on its argument that an association of wine and beer distributors that had intervened in the case could be held jointly liable for Costco's attorney's fees. 407 F. Supp. 2d 1234 and 1247 (W.D. Wash. 2005); 522 F.3d 874 (9th Cir. 2008); 538 F.3d 1128 (9th Cir. 2008). In 2009, the district court awarded Costco $2 million in fees and costs.

Litigated antitrust defense to patent infringement claims in an international arbitration.

Represented plaintiff craigslist in civil action for unfair competition, false advertising, trademark infringement, passing off, breach of fiduciary duty, fraud and deceit.

Counsel for Intel Corporation in antitrust counterclaim brought by Cyrix alleging violations of § 1 and § 2 of the Sherman Act and Section 3 of the Clayton Act regarding sale of 386 and 486 microprocessors. Case settled during trial. (1993 - 1994)

Represented third party that intervened in an antitrust action to disqualify counsel for one of the defendants who had previously represented our client. Motion to disqualify granted.

Represented plaintiff DSI in Lanham Act/false advertising, unfair competition claim relating to computerized dialing equipment. Obtained jury verdict of $4.8 million.

Arbitration counsel for defendant U.S. WEST, now Qwest, in antitrust case alleging monopolization and unfair competition concerning telephone interconnection practices. Resolved by three arbitrator antitrust expert panel on basis favorable to client.

Represented plaintiff registrar in action against competitor alleging illegal domain name blocking.

Represent independent movie theater operator in antitrust action against major theater circuits. Obtained Court of Appeal reversal of grant of summary judgment in favor of defendants. Case remanded to Superior Court for discovery and jury trial.
198 Cal. App. 4th 1366 (2011)

Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.

Represented plaintiff in a patent/antitrust action involving pulp production technology.

Lead trial counsel for Brockway Inc., one of three defendants in price-fixing case. Jury verdict for plaintiffs vacated by Court; case settled pending appeal.

Trial counsel for Brown & Williamson in putative consumer class action alleging price fixing and price discrimination under Arizona’s antitrust laws pertaining to the sale of cigarettes. Dismissed.

Defense of helicopter manufacturer in federal antitrust action.

Counsel to Immunex in antitrust case alleging monopolization of market for cancer drug. Case resolved through settlement.

Persuaded Arizona Supreme Court to hold that irrigation districts have constitutional and statutory authority to sell electric power outside district boundaries and to nonagricultural customers, even when competing with an incumbent investor-owned utility. 204 Ariz. 394, 64 P.3d 836 (2003)

Represented Hollister-Steir in trademark/false advertising action involving medical testing devices

Counsel for plaintiff Hollywood Theaters in movie industry antitrust case alleging abuse of monopoly power to deprive competitor of access to licenses for first-run films.

Represented helicopter manufacturer in defense of monopolization and concerted refusal to deal litigation over replacement parts.

Obtained liquor license for national wholesaler at hearings before the Arizona Liquor Board.

Represented two hospital systems in Department of Justice investigation of alleged Sherman Act Section 1 violations by joint purchasing arrangement among Arizona hospitals for procurement of temporary nursing services.

Successfully defended Intel in a putative class action alleging that Intel wrote battery life and other benchmarks for its own benefit and then passed them off to an industry consortium. District court granted summary judgment dismissing the claims of several plaintiffs and then dismissed the rest of the case for lack of jurisdiction.

Co-counsel in defense of antitrust class action relating to, inter alia, patent licensing practices involving laser eye surgery procedures.

Lead counsel for software company seeking trade secret and other misappropriation claims against its former officer and related companies.

U.S. International Trade Commission
Defended Intel against antitrust/patent misuse counterclaims in Section 337 exclusion proceeding against Taiwanese personal computer manufacturer.

Defense of leading Internet retailer in state qui tam actions.  Judgments for client in Nevada and Tennessee; Illinois case is pending.

Represented defendant Amazon in Robinson-Patman price discrimination claim. Case settled.

Trial counsel for defendant hospitals in alleged price-fixing class action and lead counsel for defendants in opposing interlocutory appeal from partial denial of class certification. Case pending. No. CV 07-01292-SRB (D. Ariz.) and No. 09-901-42 (9th Cir.)

Represented owners of Arizona Biltmore Hotel in action by owner of adjacent golf courses for alleged Lanham Act violations, declaratory judgment, breach of contract, trespass and negligence. Motion to dismiss granted by trial court and affirmed on appeal.

Counsel for American Honda Motor Company Inc. and related Honda entities in a putative class action asserting antitrust violations and consumer fraud pertaining to importation of new vehicles from Canada to the United States. Settled on terms favorable to the client.

Defense of purported nationwide class action of season ticketholders and stadium-related businesses, alleging Sherman Act violations relating to the 1994 baseball strike. Client prevailed on summary judgment, in which the court reaffirmed baseball's antitrust exemption.
911 F. Supp. 454 (W.D. Wash. 1995)

Counsel for PetSmart in action alleging PetSmart had violated a lease covenant granting the plaintiff the exclusive right to provide veterinary services in a shopping center. Summary judgment for PetSmart granted, dismissing plaintiff's complaint and awarding PetSmart its attorney's fees.

Successfully defended U.S. WEST, now Qwest, in treble damages antitrust case alleging abuse of monopoly power. Obtained summary judgment, which was affirmed on appeal, after reversal of initial adverse court of appeals decision by Supreme Court.  383 F.3d 1124 (9th Cir. 2004)

Successfully defended real estate broker clients in antitrust class action alleging tying violations in connection with real estate brokerage fees in residential development sales.

Defended Microsoft against state-wide class action assertion violation of California’s antitrust and fair business practice laws. Cases was settled. No. 4106

Counsel for Rheem and WHI in an action alleging, among other claims, tortious interference and violations of the Lanham Act. Pending.

Arbitration counsel to defendant U.S. WEST, now Qwest, in treble damages action alleging monopolization of yellow page directory markets.

Represented plaintiff in breach of non-compete agreement against former protein supplier. Obtained preliminary injunction prior to settlement.

Represented plaintiff in challenge to exclusive dealing arrangement. Client's $27 million judgment after one-month trial was reversed on appeal.

Defended natural gas utility against antitrust claim relating to construction of bypass pipeline. Negotiated successful settlement.

Represented plaintiff in an unfair competition, breach of contract and fiduciary duty case in state court in Dallas. Settled on basis favorable to client.

Represented plaintiff in antitrust claim alleging tying. Money judgment recovered after three-week jury trial.

Defense of two hospitals against Sherman Act Section 1 claim arising out of the hospital's participation in a joint purchasing arrangement with other Arizona hospitals to purchase temporary nursing services.

Trial counsel in putative consumer class action against major vitamin manufacturers alleging price fixing and price discrimination under Arizona’s antitrust laws. Settled on terms favorable to the client.

State courts in Alabama, Alaska, Arizona, Illinois, Iowa, Kansas, Kentucky, Mississippi, New Jersey, New York, Pennsylvania, and Wisconsin.
National coordinating and trial counsel in defense of nationwide consumer protection class action, parens patriae, antitrust and false claims act challenges to pharmaceutical pricing.
431 F. Supp. 2d 98 (D. Mass. 2006); 339 F. Supp. 2d 165; 321 F. Supp. 2d 187; 309 F. Supp. 2d 165; 307 F. Supp. 2d 196 (D. Mass. 2004); 230 F.R.D. 61 (D. Mass. 2005)

Defended Puget Energy, Puget Sound Energy and PacifiCorp in antitrust case. Obtained order dismissing complaint alleging that antitrust conspiracy affected wholesale electricity rates on grounds that requested relief was preempted by FERC proceedings and orders. Successfully defended this judgment on appeal. 175 Fed. Appx. 827 (9th Cir. 2006)

Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.

Trial counsel for Chinook Group Inc. and Chinook Group, Ltd. in putative consumer class action against major vitamin manufacturers alleging price fixing and price discrimination under Arizona’s antitrust laws. Settled on terms favorable to the client.

Represented a forest products company in an antitrust litigation and trial.  Our legal position was upheld by a unanimous decision of the U.S. Supreme Court.

Trial counsel for Dial in a trade dress infringement action relating to air freshener products brought by S.C. Johnson in Milwaukee, WI. After a two-day hearing, Judge denied request for a preliminary injunction. Settled on terms favorable to Dial.

Represented defendant in trade association-related antitrust action.  Case voluntarily dismissed pending defendant's motion to dismiss.

Represented plaintiff movie exhibitor in treble damages antitrust action alleging conspiracy and monopolization of movie exhibition markets.  Achieved settlements with some defendants and a jury verdict and judgment for $8.2 million against remaining defendants after six-week trial. The case was settled on appeal.
686 F. Supp. 1418 (W.D. Wash. 1988)

Defended Intel in putative nationwide class action alleging violations of California's Unfair Competition Law (§17200) and Consumer Legal Remedies Act. The plaintiffs claimed that Intel misrepresented and concealed information about the performance of early Pentium® 4 processors and artificially boosted benchmark scores for those processors.

Represent Jeppesen, a subsidiary of The Boeing Company, against antitrust, breach of contract, and tort claims in connection with its development of an aviation terminal chart iPad application.  2013 WL 1189507 (D. Colo. Mar. 22, 2013).

Defended Boeing in antitrust action alleging monopolization and essential facilities doctrine involving aircraft hush kits. Case settled on basis favorable to client while summary judgment motions pending.

Represented Boeing in defense of antitrust challenge to joint venture in rocket launch services. Summary dismissal of complaint (unpublished opinion). 

Successfully defended Starbucks in antitrust class action alleging monopolization of retail coffee store locations. Obtained an agreement by counsel to drop the class action claim, greatly narrowed the scope of e-discovery and ultimately resolved the case by mediated settlement.

Successfully obtained and defended on appeal a grant of summary judgment to franchisor on claims brought by a former area director for nonrenewal of its area director marketing agreement under state consumer protection acts.

Trial counsel for Brown & Williamson in Attorney General action brought against major tobacco companies alleging damages in excess of $550 million for alleged Arizona antitrust violations and other claims. Settled as part of a nationwide settlement.

Represented plaintiff STMicro in antitrust action challenging patent activity. Case settled in connection with pending patent litigation.

Defense of antitrust claim alleging monopolization in market for aircraft strobe lights. Summary judgment for client was affirmed on appeal.

Represented Nomaco Inc. and Nomacorc LLC in patent infringement and antitrust case involving synthetic wine corks.

Lead counsel for telecommunications firm in action against former executive for breach of contract, duty of loyalty and misappropriation of trade secrets and proprietary information.  Stipulated judgment against defendant executive.

Represented plaintiff Boeing in trade secret litigation and defended antitrust monopolization counterclaims relating to aircraft spare parts.

Trial and appellate counsel for plaintiff Boeing in landmark trade secret case with antitrust counterclaims involving aircraft spare parts sales. Jury verdict for Boeing on trade secret claim was upheld on appeal. Antitrust verdict against Boeing was reversed on appeal. 108 Wn. 2d 38 (1987)

Represented plaintiff and counterclaim defendant TriQuint in successful patent, trade secret antitrust action involving RF duplexers and filters. Antitrust case challenged patent acquisition and abuse activities under Clayton 7 and Sherman 2. Case settled after successful summary judgment rulings.

Represented TriQuint in asserting antitrust and patent infringement claims, and in defending against patent infringement and trade secret misappropriation claims, related to semiconductor components in wireless communication devices.

Represented TriQuint Semiconductor, a manufacturer of high-performance RF solutions used in wireless communications, in a patent, antitrust and trade secret case involving Bulk Acoustic Wave technology.

Trial counsel in indirect purchaser class action for conspiracy and combination to restrain trade where the defendants conspired to illegally set the value and price of plastics. Settled on favorable terms.