Antitrust Litigation and Class Action Defense

Results

In the DOJ’s first-ever criminal “no-poach” labor antitrust trial, obtained acquittal for a former senior executive of major healthcare provider DaVita
After a lengthy, seven-year legal battle, secured summary judgment – a precedent-setting motion in the US Court of Appeals for the Third Circuit (Third Circuit) – on behalf of Mars, Incorporated, in class actions alleging that chocolate candy manufacturers conspired to fix prices in the US
Achieved complete dismissal – the third in a string of victories in the long-standing case – of all remaining claims against the largest dairy cooperative in the US in nationwide and statewide putative class actions alleging monopolization and conspiracy in the market for cheese and dairy products, having successfully resolved parallel regulatory and criminal investigations

Obtained summary judgment against unlawful exclusive dealing, tying and monopolization claims seeking more than $100 million in damages in a ruling affirmed by the US Court of Appeals for the Seventh Circuit
Represented a Japanese auto parts manufacturer in a massive multidistrict litigation brought by indirect purchasers, including auto dealers and car buyers, alleging price-fixing in a range of auto parts
Obtained a jury verdict acquittal on behalf of Plantronics in a case alleging the monopolization of headsets
Represented a pharmaceutical company’s former employee in an antitrust class action alleging pay for delay resulting in the price hike of a prescription medicine
Defended a multinational restaurant chain and its affiliates in a putative class action in which a proposed class of current and former New York employees challenged “no-poach” clauses in the company’s franchise agreements under federal and state antitrust laws
Defended Amneal Pharmaceuticals and Impax Laboratories in complex multidistrict litigation brought by over 50 states attorneys general, as well as direct purchasers, indirect resellers and end payers of generic drugs, alleging a conspiracy between leading generic pharmaceutical manufacturers
Obtained dismissal of a challenge to Constellation Brands’ acquisition of Modelo US
Won summary judgment for a nutrient company on a direct purchasers’ Sherman Act Section 1 claim, which was affirmed by the Third Circuit
Defended an American multinational technology company against monopolization claims brought by a video game publisher
Defended Steel Dynamics, Inc., in putative, nationwide class actions against producers of raw steel and alleging an antitrust conspiracy to fix prices by restricting the supply of all steel products in the US
Defended American Gypsum Company LLC and its parent company, Eagle Materials Inc., in multidistrict litigation arising from allegations of price-fixing gypsum wallboard; defeated class certification in an indirect purchaser action
On behalf of Weyerhaeuser Company, obtained a settlement with no payment obligation to the plaintiffs in a multibillion civil class action alleging price-fixing in connection with the sale of containerboard products
Obtained summary judgment for a Finnish pulp and paper manufacturer and a favorable settlement for its North American subsidiary in a class action alleging a conspiracy to raise the price and reduce the supply of commercial grade paper
In a precedent-setting victory, defeated class certification on behalf of Chicago’s second-largest health system in a putative class action brought by registered nurses alleging that hospitals in the area conspired to depress their compensation in violation of Section 1 of the Sherman Act
Obtained summary judgment on per se Section 1 of the Sherman Act claim on behalf of Henry Ford Health System in a class action alleging that Detroit-area hospitals conspired to depress registered nurse compensation
Defeated class certification on behalf of Baptist Health System in a class action alleging that hospitals in the San Antonio area conspired to depress the compensation paid to registered nurses in violation of Section 1 of the Sherman Act
Defending a manufacturing company against allegations of participating in an alleged hub-and-spoke conspiracy with staffing companies to restrict movement of temporary employees
Obtained a dismissal for a Japanese manufacturer in an antitrust suit that alleged a group refusal to license intellectual property and assertion of unlawful conduct related to standards-setting activities