|
Experience
Antitrust & Unfair Competition Litigation
Crowder v. LinkedIn
U.S. District Court for the Northern District of California
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.
In re: Crop Inputs Antitrust Litigation
U.S. District Court for the Eastern District of Missouri
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.
Olean v. Tri-Marine International, Inc. and Mathews v. Tri-Marine International, Inc.
U.S. District Court for the Southern District of California
Led defense of Tri-Marine in multidistrict, multidefendant class action litigation alleging collusion between manufacturers of packaged seafood products to fix prices. Obtained dismissal of Tri-Marine without motion practice or monetary settlement.
CollegeNET, Inc. v. The Common Application, Inc.
U.S. District Court for the District of Oregon
Represented plaintiff in case challenging exclusive dealing and monopoly maintenance in online college application processing services market. Achieved successful settlement.
Costco Wholesale Corporation v. Johnson & Johnson Vision Care
U.S. District Court for the Middle District of Florida
Represented Costco Wholesale in multidistrict litigation involving alleged price-fixing agreements in violation of state and federal laws. Successfully resolved matter after defeating a motion to dismiss.
Costco Wholesale Corporation v. Hoen, et al.
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Western District of Washington
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.
Antitrust & Intellectual Property Litigation
HTC v. Ericsson
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.
HTC v. Ericsson
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of Texas
Representing HTC in litigation challenging whether Ericsson’s licensing of cellular and Wi-Fi standard essential patents (SEPs) for smartphones complied with requirements of U.S. antitrust law and Ericsson’s FRAND commitments to standard setting organizations.
TriQuint Semiconductor Inc. v. Avago Technologies, Ltd., et al.
U.S. District Court for the District of Arizona
Represented plaintiff and counterclaim defendant TriQuint Semiconductor, a manufacturer of high-performance RF solutions used in wireless communications, in successful antitrust, patent, and trade secret case involving bulk acoustic wave technology. The antitrust case challenged patent acquisitions and anticompetitive conduct under Clayton Act § 7 and Sherman Act § 2. The case settled after successful summary judgment rulings.
Anacor Pharmaceuticals v. Valeant Pharmaceuticals Inc.
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.
Rearden LLC v. Rearden Commerce Inc.
U.S. District Court for the Northern District of California
Represented technology incubator in trademark, trade name, cybersquatting, and unfair competition claim in federal court; obtained two preliminary injunctions restricting defendant’s internet activity.
Antitrust Counseling & Merger Clearance
Acquisition by T-Mobile
Represented T-Mobile in the acquisition of Sprint.
Advice to clients
Advise clients on antitrust compliance, transactions, pricing and marketing practices, no-poach and labor markets, and trade organization participation.
Distribution Counseling
Provide advice to manufacturers, distributors, and retailers with respect to pricing and discount policies, distribution programs, loyalty programs, exclusivity programs, cooperative advertising programs, and related issues.
Strategic Alliances and Joint Ventures
Provide counsel to joint ventures and joint venture/strategic alliance members with respect to formation and operation issues in aerospace, digital publication, food service, financial services, and manufacturing industries.
