The Legal 500

According to clients, Berger & Montague, P.C. is ‘outstanding’ and ‘the best of the many players in this area of practice’. The firm has a sterling reputation in complex and class action litigation in a number of practice areas, particularly antitrust. The highly regarded Eric Cramer heads the team, which was appointed as co-lead counsel in Delaware Valley Surgical Supply Inc v Johnson & Johnson in an action brought against Johnson & Johnson as a dominant manufacturer and seller of sutures. The class of direct purchasers alleged that the defendant compelled them to pay penalties if they acquired endosurgical products from rivals, leading to a $13m settlement in 2010. During the case, the firm also won an important ruling, in which the US Court of Appeals for the Ninth Circuit upheld the firm’s argument that direct purchasers are the appropriate plaintiffs to sue for damages under antitrust laws even where end users partially set the purchase price. David Sorenson is leading a team as co-lead counsel for a proposed class of direct purchasers of the anti-diuretic DDAVP, in an action against Ferring BV, Ferring Pharmaceuticals and Aventis Pharmaceuticals. The case is pending in the Southern District of New York, and addresses the issue of antitrust standing for claims involving improperly obtained or unenforceable patents. H Laddie Montague is ‘well seasoned’ and a ‘big name’ in the space.

Boies, Schiller & Flexner LLP sits among the top firms in this field, having a track record of success for plaintiffs in a number of significant antitrust cases but also balancing that side of the practice by representing defendants, giving it a ‘unique perspective’. The firm, which operates from 11 locations across the US including New York and Washington DC, is involved in the TFT-LCD class action brought against manufacturers of thin film transistor liquid crystal displays with plaintiffs alleging that the manufacturers violated federal antitrust laws by conspiring to fix prices. The firm has also been appointed co-counsel representing the plaintiff, Piazza’s Carpet & Tile Shop, in a multi-defendant class action seeking damages and injunctive relief for price fixing of polyurethane foam. William Isaacson, Christopher Hayes and David Boies are the standout names.

Led by the renowned Michael Hausfeld, Hausfeld LLP has rapidly established itself at the plaintiff’s bar since its inception in 2008, bringing to bear its ‘crucial experience of the tactics which may be employed by both sides in litigation’. The group has a dedicated focus on complex antitrust litigation and class actions, and ‘provides creative advice to resolve issues’. In June 2010, the firm reached a $25m settlement with defendants Land O’Lakes, Moark and Norco Ranch in In re Processed Egg Products Antitrust Litigation. The firm had filed the first case in this action alleging a national conspiracy of supply reduction and price fixing in the egg industry. The firm also saw In re Ethylene Propylene Diene Monomer (EPDM) Antitrust Litigation through to successful settlement in 2010 after seven years, winning class certification on summary judgment in 2009 and the subsequent Second Circuit appeal in 2010. The case was finally settled six months before the trial began. The firm also has a London office through which it is pursuing action against an alleged global cartel. Andrew Bullion and Megan Jones are recommended for having a ‘good understanding of business and operational environments’.

Cohen Milstein Sellers & Toll LLP exclusively represents plaintiffs in complex class actions, for which it enjoys a strong reputation nationally and internationally. Antitrust is one of the firm’s core focuses. The practice is made up of ‘top-flight litigators’, operating predominantly from Washington DC and New York as well as Philadelphia and Chicago, with Richard Koffman particularly singled out for praise. Koffman is leading a team from the firm as co-lead counsel for plaintiffs in a number of matters including In re Urethane Antitrust Litigation, Wallach et al v Eaton Corp et al and In re Plasma-Derivative Protein Therapies Antitrust Litigation. Plaintiffs in the latter class action allege a multi-year conspiracy to restrict the supply of plasma-derivative protein therapies in order to artificially inflate the price of these therapies. The plaintiffs’ steering committee filed a consolidated amended complaint in June 2010 which names the Plasma Protein Therapeutics Association (PPTA) as a new defendant to join CSL, CSL Behring and Baxter International.

Heins Mills & Olson, PLC is a boutique law firm operating from one office in Minneapolis which nonetheless has the national reach and ability to handle large multi-district litigation (MDL) and ‘deserves recognition’ for its expertise on antitrust matters. The firm is staffed by 12 fee-earners focusing on antitrust, consumer fraud and securities fraud. In particular, Samuel Heins and Renae Steiner have well-earned reputations for complex antitrust litigation, while Vincent Esades is also highly recommended. The firm has recently been appointed interim direct-purchaser plaintiffs’ co-lead counsel by the District Court for the District of New Jersey in In re Magnesium Oxide Antitrust Litigation, in which defendants are alleged to have fixed prices for magnesium oxide sold in the US. Additionally, since its appointment as co-lead counsel in In re Puerto Rican Cabotage Antitrust Litigation, the firm has successfully obtained three settlements totaling $52m, which have been preliminarily approved. This action alleges price fixing for ocean shipping services between the US and Puerto Rico by shipping companies operating under the Merchant Marine Act of 1920 (also known as the Jones Act).

Labaton Sucharow LLP maintains high visibility in major antitrust class actions and clients say the firm ‘clearly has the horsepower to manage complex and demanding cases’, while adversaries comment on its ‘uniform excellence in all respects’. The firm is co-lead counsel in In re Air Cargo Shipping Services Antitrust Litigation, in which it has to date obtained over $200m in partial settlements for plaintiffs alleging the fixing of international airfreight services by airlines, including Air France, SAS, Japan Airline International and American Airlines. The court granted preliminary approval of these settlements in September 2010. Other mandates included In re Aftermarket Filters Antitrust Litigation; In re Puerto Rican Cabotage Antitrust Litigation; and Board of Trustees of the Galveston Wharves et al v Trelleborg AB et al. Hollis Salzman co-chairs the antitrust practice group and is ‘smart, hardworking and has a great deal of integrity’. Bernard Persky is a ‘prominent antitrust lawyer’, who is ‘dedicated to pursuing his clients’ interests, and is unfailingly ethical and professional’.

Susman Godfrey LLP has built a strong reputation in antitrust litigation, acting for plaintiffs in class actions as well as individual cases. It has an impressive track record of successes at the plaintiff bar, but is also well regarded for its defense-side representations. The firm has recovered millions of dollars for plaintiffs in claims including price fixing, market allocation, concerted refusal to deal and monopolization. The well-respected Stephen Susman heads the firm, which is representing plaintiffs in a series of patent infringement and monopolization cases in New York and Kentucky. It has offices in Houston, Dallas, Los Angeles, Seattle and New York.

Zelle Hofmann Voelbel & Mason LLP fields a team of 29 fee-earners in its ‘well-regarded’ antitrust practice. Opposing counsel hold Francis Scarpulla and Craig Corbitt in particularly high regard as two ‘excellent adversaries’, both of whom are based in San Francisco. Although the firm does undertake defense-side work, it is for its plaintiff representations that the antitrust practice has made its name. For example, the team was appointed liaison counsel and a member of the plaintiffs’ executive committee in a class action seeking injunctive relief and damages, brought by indirect purchasers of DRAM (dynamic random access memory) computer hardware. The defendants in the case face allegations of conspiracy to fix prices between April 1999 and December 2002. The firm is also representing a class of indirect purchasers of LCD products as the court-appointed co-lead counsel in In re TFT-LCD (Flat Panel) Antitrust Litigation, in which plaintiffs allege that leading manufacturers of these products (such as flat-screen TVs) conspired to artificially inflate prices.

The Philadelphia-based litigation boutique of Fine Kaplan & Black has a well-established reputation in antitrust class actions and other disputes, and mixes its representation of plaintiffs and defendants. The team has valuable trial experience plus expertise in complex discovery management, antitrust economics, criminal antitrust litigation and drafting of class certification. Recent highlights include acting as co-lead counsel for a class of direct purchasers in In re Urethane (Polyether Polyols) Antitrust Litigation, and as plaintiffs’ co-lead counsel in a class action alleging that major US steel producers conspired to restrict supply, thereby artificially inflating steel product prices throughout the US. Allen Black, Roberta Liebenberg and the ‘top-notch’ Donald Perelman are recommended.

Another Philadelphia-based firm, Kohn, Swift & Graf P.C. is well respected for class action representation, particularly in antitrust cases. The 18-lawyer practice has been appointed co-counsel, lead counsel and as a member of executive committees in a number of class actions across the US. The firm is acting as lead counsel in In re Packaged Ice Antitrust Ligitation, representing plaintiffs alleging a conspiracy to allocate customers and territories in the US for packaged ice, thereby artificially inflating prices in violation of federal antitrust laws. Defendants in the case include Reddy Ice Holdings, Reddy Ice Corporation, Arctic Glacier Income Fund, Arctic Glacier Inc and The Home City Ice Company.

Quinn Emanuel Urquhart & Sullivan, LLP is well renowned for its trial work across the US and although it is perhaps better recognized for its work on the defense side, the firm has gained traction representing plaintiffs in antitrust class actions. The practice has been appointed co-lead counsel alongside Hausfeld LLP in In re Rail Freight Fuel Surcharge Litigation in the US District Court for the District of Columbia, in which plaintiffs allege the defendants – Union Pacific, BNSF, Norfolk Southern and CSX Transportation – conspired to artificially raise fuel surcharge prices. The team defeated a motion to dismiss the class action. The group has also been appointed co-lead counsel alongside several other firms in In re Processed Egg Products Antitrust Litigation. Stephen Neuwirth heads the practice.