United States > Mergers, acquisitions and buyouts > Antitrust
Index of tables
Freshfields Bruckhaus Deringer LLP
- Mayer Brown
Shearman & Sterling LLP
- Sidley Austin LLP
- Wachtell, Lipton, Rosen & Katz
Weil, Gotshal & Manges LLP
Wilson Sonsini Goodrich & Rosati
Baker Botts L.L.P.
Cadwalader, Wickersham & Taft LLP
- McDermott Will & Emery LLP
- Morrison & Foerster LLP
Orrick, Herrington & Sutcliffe LLP
Paul Hastings LLP
- Baker & McKenzie
Bingham McCutchen LLP
- DLA Piper LLP
- Debevoise & Plimpton
- Fried, Frank, Harris, Shriver & Jacobson LLP
Hunton & Williams LLP
Kevin Arquit -
Simpson Thacher & Bartlett LLP
William Baer -
Arnold & Porter LLP
- George Cary - Cleary Gottlieb Steen & Hamilton LLP
- Mark Leddy - Cleary Gottlieb Steen & Hamilton LLP
- Janet McDavid - Hogan Lovells US LLP
- Richard Parker - O’Melveny & Myers LLP
- Phillip Proger - Jones Day
Charles Rule -
Cadwalader, Wickersham & Taft LLP
- Joe Sims - Jones Day
- Daniel Wall - Latham & Watkins LLP
- Kevin Arquit -
Peers think ‘very highly’ of Arnold & Porter LLP, which delivers expertise in a wide variety of antitrust matters including M&A, litigation and criminal and civil government investigations. In January 2012, the highly respected firm further expanded its antitrust capabilities and strengthened its West Coast presence when it joined forces with San Francisco firm Howard Rice Nemerovski Canady Falk & Rabkin PC. The merger brings key figures in Daniel Asimow and Martin Glick, who focus on contentious antitrust matters, and Thomas Magnani who handles antitrust aspects of business transactions. Further noteworthy additions in California include Paul Alexander, a former Howrey LLP attorney, and Robert Taylor, who arrives from Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.. On the East Coast, the Washington DC office is the central hub for the firm’s transatlantic antitrust practice, and the New York base is also active in antitrust and related consumer protection matters. Recent work highlights include advising AT&T on the antitrust review of its $39bn proposed acquisition of T-Mobile USA, and handling federal court litigation, brought by the US Department of Justice (DOJ), several states and competitors, challenging the acquisition. William Baer heads up the antitrust practice, dividing his time between the firm’s Washington DC and Brussels offices, and handling international cartel investigations, M&A reviews and antitrust litigation. Baer and Deborah Feinstein advised General Electric Company on antitrust aspects relating to the sale of NBCUniversal to Comcast, which created one of the biggest media companies in history. Ronald Redcay is at the helm of the California antitrust group, and Robert Mason and Craig Stewart are the key contacts in New York.
Clients state Cleary Gottlieb Steen & Hamilton LLP is the ‘best firm for antitrust matters’; ‘the team has a deep understanding of the law and is zealously committed to its client’s success’. Based in Washington DC, the ‘very deep bench of partners and associates’ is commended for its international antitrust expertise, working closely with the highly regarded competition practice in Europe. The firm retains its focus on the high-tech sector and in 2011, represented Deutsche Telekom in its highly publicized sale of T-Mobile USA to AT&T, which also included defending the transaction against lawsuits brought by competitors and the DOJ. The team also handled a number of mandates for Google, including advising on its $12.5bn acquisition of Motorola Mobility (the largest acquisition in the client’s history as a public company) and handling a DOJ investigation into the client’s recruiting practices in Silicon Valley. Among the ‘outstanding professionals’ are Michael Lazerwitz, David Gelfand and Mark Nelson, who reap praise from clients and peers alike. George Cary and Jeremy Calsyn advised Western Digital on the global antitrust aspects of its $4.3bn acquisition of Hitachi Global Storage Technologies, and are also praised as ‘excellent advocates before regulatory agencies, who are very good at presenting issues for senior management to consider’. Mark Leddy remains extremely active, despite his promotion to managing partner in January 2011 and is hailed as ‘one of the few antitrust lawyers who is excellent for both merger clearances and litigation’. In July 2011, Brian Byrne returned to the Washington DC office from the firm’s Brussels office, where he had been resident since January 2008.
Gibson Dunn strengthened its position in Dallas in 2011, adding three former Vinson & Elkins L.L.P. partners to the team. While historically better known for antitrust litigation, the firm is also adept at handling M&A clearance matters; Joe Kattan and John Wood successfully represented Applied Materials on its $4.9bn acquisition of Varian Semiconductor Equipment Associates. On the contentious side, the team represented National Football League Players Association in the high-profile antitrust lawsuit against the National Football League, and acted for Hewlett Packard in a case against Oracle that asserted claims for unfair competition, below-cost pricing and breach of contract. The group also acts for clients in a number of ongoing cartel and antitrust grand jury investigations in the US, Canada, Europe, and Australia. Key figures in the department include Daniel Swanson (‘a terrific lawyer’, who does a ‘very good job’), Gary Spratling (‘excellent for cartel matters’), Sean Royall and Peter Sullivan. New client gains included Facebook, Microsoft and Apple, who it is representing in a multi-district consumer class action alleging federal and state antitrust violations against the nation’s largest publishers and eBook vendors.
Jones Day fields ‘a deep and talented group of antitrust lawyers with significant global reach and broad subject expertise’; the group is ‘highly responsive, satisfying to work with and extremely competitive on pricing’. Despite Leslie Overton’s return to government service at the DOJ, the department has continued to grow in size and depth through the addition of five associates and two partner promotions. Phillip Proger leads the team from the Washington DC office and is praised for his ‘very good healthcare and pharmaceutical sector expertise’. Proger handles merger and cartel investigations, as well as antitrust litigation and recently defended Bayer, Germany’s largest drugmaker, in a long-running antitrust case alleging billions of dollars in damages and arising from a patent settlement concerning the client’s popular antibiotic Cipro. Working closely with Proger are Joe Sims, appreciated for his ‘great insights’; John Majoras, recommended for his litigation expertise; and Peter Love, a key contact for non-contentious matters. In New York, Fiona Schaeffer delivers ‘understandable and accurate advice’ and is ‘able to work constructively with opposing counsel to achieve a mutually beneficial solution’. California-based Craig Waldman is ‘very strong in the antitrust arena and has an excellent understanding of the high-tech industry’. Recent work highlights for the group include advising Hertz in its proposed acquisition of Dollar Thrifty, and representing American Airlines in a successful global effort to retain its multi-year joint business agreement with Japan Airlines.
‘Excellent in all respects’, Kirkland & Ellis LLP ‘knows the law inside out’ and has a strong track record for antitrust litigation where it continues to excel in defending clients involved in civil and criminal cases. The firm recently represented Chiquita Brands International before the European Commission on aspects of a 2005 leniency application relating to the exchange of pricing and other information with competitors in Europe, which included follow-on litigation in the US. The group not only has strong European expertise but is also increasing its focus on Asia, where James Mutchnik is the key driver (recommended for his ‘practical advice and superb service’). In the M&A clearance sphere, the firm successfully guided Teva Pharmaceutical Industries, the world’s largest generic drugmaker, through Federal Trade Commission (FTC) clearance of the $6.8bn acquisition of biopharmaceutical company Cephalon; the transaction was announced in May 2011 and closed just three months later, following approval by the European Commission. Noteworthy individuals include Washington DC-based Timothy Muris and Christine Wilson. In Chicago, David Zott is a ‘bulldog of a litigator, who knows his stuff’. Daniel Laytin is appreciated for his economic background; he is ‘the smartest guy in whichever room he’s in, but doesn’t flaunt it’. Zott and Laytin’s recent work includes acting for General Motors and General Motors of Canada in a major cartel case concerning alleged conspiracy to prevent importation of lower-priced Canadian vehicles, which involves virtually the entire US automotive industry. The US team spans offices in Chicago, New York, Washington DC and Los Angeles, and also acts for clients such as BP America, EVA Airways and Constellation Energy Group.
Latham & Watkins LLP’s antitrust practice spans litigation, government relations, merger clearance and cartel defense work. In Washington DC, Margaret Zwisler and Michael Egge are the key contacts; Zwisler is an antitrust litigator, with over 35 years of experience, and Egge defends mergers and acquisitions before the FTC and the DOJ, and handles price-fixing and cartel matters in the US, Latin America and Europe. In the San Francisco office, Christopher Yates and Daniel Wall are also well regarded and represent high-tech clients in antitrust litigation. Litigation successes included representing Apple in a putative class action relating to the iPhone; and acting for Toshiba in investigations and follow-on class actions involving several memory semiconductor products, including NAND Flash memory. In M&A, work highlights included representing Oracle as a participant in a two-step acquisition of certain Novell patents, which was cleared by the DOJ and the German Federal Cartel Office. Other clients of the antitrust group include Goldman Sachs, Singapore Air and Coca-Cola. The firm also has a large pharmaceutical-sector client base, where it acts for Lundbeck, American Medical Systems and Pharmaceutical Research & Manufacturers of America, among others. In 2011, Amanda Reeves returned to the Washington DC office as counsel, following government service at the FTC.
O’Melveny & Myers LLP remains active across the antitrust sphere, and acted on some high-profile mandates in 2011; notably the firm represented new client T-Mobile in the DOJ suit to block the AT&T and T-Mobile USA proposed merger. Led by trial lawyer and antitrust regulatory attorney Richard Parker, the well-rounded practice is predominantly spread between the Washington DC and California offices, but antitrust lawyers are also present in New York, Pennsylvania and New Jersey. Parker’s team includes Ian Simmons, whose practice encompasses cartel class actions and matters involving intellectual property. Simmons was recently part of a team that achieved a major victory for Samsung in a multi-district litigation, which saw a California federal judge dismiss claims accusing Samsung, Sony and other companies of fixing prices for optical disk drives. The firm also achieved two significant victories for eBay in 2011; a putative class action in which plaintiffs accused eBay and PayPal of charging unlawful fees and engaging in anti-competitive conduct; and a shareholder derivative suit against the client and individual members of its board of directors. While the firm is often better known for its litigation experience, Michael Antalics (who served 23 years at the FTC) and David Beddow are particularly active in merger clearance matters. In January 2012, Thomas Brown left for Paul Hastings LLP.
‘Great for antitrust matters’, Paul, Weiss, Rifkind, Wharton & Garrison LLP offers a combination of courtroom experience, DOJ and FTC backgrounds, and economic knowledge. The eight-partner antitrust group saw an uptick in patent-related antitrust cases in 2011, acting for Rockstar (a consortium consisting of Apple, Microsoft, Ericsson, RIM and Sony, among others) in its $4.5bn acquisition of the patent portfolio of Nortel Networks. Also in the patent arena, the firm represented new client Pfizer in an antitrust case in which plaintiffs claimed the client engaged in a patent-stacking scheme to delay generic market entry and maintain a monopoly for Neurontin. The practice is co-chaired by Washington DC-based Joseph Simons and New York’s Aidan Synnott. Simons worked with Andrew Finch and Kenneth Gallo (managing partner of the Washington DC office) in assisting MasterCard in a class action case alleging that fees merchants pay when consumers use credit and debit cards are fixed illegally. Synott’s highlights included representing Sumitomo Corporation of America in a victory, following claims alleging that the client conspired to fix the price of magnesium oxide (MgO) in the US. Other noteworthy individuals include former co-chair of the antitrust group Moses Silverman and Jacqueline Rubin, whose client base includes songwriters and publishers, which she represents in rate-making proceedings. David Schwartz-Leeper joined as counsel in May 2011, from an in-house position.
Simpson Thacher & Bartlett LLP’s clients are ‘beyond pleased with the industry knowledge, responsiveness and overall work product’, but ‘what really sets the firm apart is its ability to combine excellent legal counsel with a sophisticated and nuanced understanding of its client’s business’. Adept at handling litigation, M&A clearances and government investigations, the antitrust practice is well known for its strength in depth combined with its niche expertise in online advertising matters. Notably, the group recently advised Admeld, an online advertising technology company, on its proposed acquisition by Google, which successfully cleared in December 2011. Work highlights also display a number of mandates relating to the healthcare industry (where it has a strong relationship with leading provider of healthcare services HCA) and the insurance sector (acting for clients such as Fidelity National Financial and Equitas). The ‘absolutely first-rate’ antitrust group is predominantly based in the New York office, with additional on-the-ground presence in Palo Alto and Washington DC. Key figures include the ‘extraordinarily experienced’ Kevin Arquit, whom peers ‘think the world of’; Arquit is defending KKR in a putative antitrust class action complaint brought by shareholders in certain public companies acquired by private equity firms since 2003. Arman Oruc is ‘a delight to work with’ and has ‘granular knowledge about how HSR filings are likely to be treated’; and Peter Thomas (managing partner of the Washington DC office) is ‘extraordinarily skilled in antitrust and understands his client’s business very quickly’. Aimee Goldstein and Joseph Tringali are also recommended.
Skadden, Arps, Slate, Meagher & Flom LLP’s ‘very strong’ antitrust offering is predominantly based on the East Coast, however Alec Chang in Palo Alto is also active, assisting clients in a range of antitrust counseling and litigation matters. In Washington DC, the office includes two former senior officials of the DOJ’s Antitrust Division, John Nannes and chair of the firm’s North American antitrust practice Steven Sunshine. Sunshine was part of the team which acted for Sprint Corporation in a private antitrust action opposing AT&T’s $39bn acquisition of T-Mobile USA from Deutsche Telecom. In New York, the group is recommended for complex cross-border mandates, where the key figure is Shepard Goldfein, who leads the firm-wide antitrust and global competition practice. Also based in New York, Peter Greene is representing JPMorgan Chase in a putative national class action (the largest antitrust class action in history) involving of millions of merchants alleging a conspiracy between Visa, MasterCard and their member banks, to fix and raise interchange fees. A significant part of the firm’s antitrust litigation experience includes a dedicated sports law practice, where Paul Eckles, James Keyte and Jeffrey Mishkin are the key contacts. Clients in this sector include a number of sports leagues, such as the National Football League, the National Basketball Association, the National Hockey League, the PGA Tour and the Arena Football League. The firm also adept at handling government investigations and international cartel matters. Recent practice departures saw Michael Weiner and Jill Ross leave for Dechert LLP in 2011.
The ‘very solid and competent’ team at Covington & Burling LLP has ‘excellent lawyers who demonstrate detailed knowledge about antitrust laws and litigation’; ‘they always take a pragmatic approach and analyze every situation with a view to finding a practical solution’. Since the arrival of five attorneys from the defunct Howrey LLP, the firm now has ‘so many strong lawyers’ and has become firmly entrenched in the antitrust market. With teams in Washington DC, New York and San Francisco, this is the only antitrust practice with two recent former heads of the DOJ Antitrust Division and a total of six former officials of the DOJ and FTC. Recent work highlights display a strong relationship with Microsoft; the firm recently advised the software giant on its successful $4.5bn bid for Nortel Networks’ patent portfolio, and in its $8.5bn acquisition of Skype, which is the largest-ever acquisition for Microsoft. Aside from the high-tech industry, the antitrust practice also delivers sector expertise in pharmaceutical issues (where it is supported by its FDA practice and strong IP group), the sports industry, oil and gas matters, and online commerce. Washington DC-based Thomas Barnett and the ‘responsive and creative’ Deborah Garza lead the antitrust practice, which also includes the well-respected James O’Connell; both Garza and O’Connell ‘quickly develop a high level of company-specific expertise and are well connected with the DOJ’. Also recommended are Alan Wiseman (former co-chair of antitrust at Howrey LLP) and Thomas Isaacson, both of whom are ‘experts in the field, and demonstrate fantastic leadership in a joint defense setting’.
The ‘truly excellent’ antitrust group at Cravath, Swaine & Moore LLP ‘compares well with its competitors’ and deals with both M&A-related issues and antitrust litigation. The firm dealt with the departure of Katherine Forrest, by recruiting Christine Varney from the DOJ in September 2011. Varney is widely recognized in the market, and is the only person in the US to have served as both assistant attorney general for antitrust at the DOJ and as a commissioner of the FTC. Varney and Rowan Wilson are both adept in handling M&A clearances as well as antitrust litigation. The New York-based team is representing American Express in several ongoing antitrust litigations in the US, and is also acting for Barnes & Noble in patent infringement suits filed by Microsoft, relating to the bookseller’s use of the open source Android Operating System in its e-reader tablets. On the M&A side, the firm secured antitrust clearance from the FTC for Universal Health Services in connection with the client’s acquisition of Psychiatric Solutions, and represented Massey Energy Company on its $8.1bn combination with Alpha Natural Resources, creating a global leader in metallurgical coal supply. Peter Barbur is a highly regarded figure in the group, who maintains a strong relationship with Time Warner; he and Rachel Skaistis recently represented the client in a multi-district litigation brought by digital music purchasers alleging that defendants fixed prices and restrained the availability of internet music.
‘Excellent in all regards’, Davis Polk & Wardwell LLP houses ‘highly capable lawyers’ who are ‘very responsive to their clients’ needs’. Displaying a strong workload in multi-district litigation, the firm’s recent wins include a victory for longstanding client Comcast in a putative class action relating to the sale of cable television channels; and LG Electronics in litigation encompassing over 30 nationwide class actions, alleging global price-fixing on optical disk drives. On the non-contentious side, the firm represented Comcast in a DOJ investigation relating to the agreement with General Electric to form a $30bn joint venture involving NBCUniversal. The ‘top-notch’ practice, which also acts for AstraZeneca, Morgan Stanley and PepsiCo, is led by Christopher Hockett, who delivers ‘excellent support and service’. Hockett recently worked alongside Neal Potischman in successfully defending SD-3C (a joint venture of Panasonic, SanDisk and Toshiba) against antitrust and patent misuse claims brought by Samsung. Other highly regarded individuals include the ‘superb’ Ronan Harty; the ‘very pragmatic’ counsel in Michael Sohn; and Arthur Burke, who is ‘excellent in understanding his client’s businesses and bringing a creative, problem-solving approach to a situation’. The antitrust department expanded in August 2011, with the arrival of counsel Howard Shelanski, who formerly served as deputy director of the Bureau of Economics at the FTC.
The ‘outstanding’ Hogan Lovells US LLP is ‘very responsive’ and ‘always strives to take into account its client’s specific business concerns as much as possible’. With sector expertise in areas such as technology, healthcare, financial services, energy, and transportation, the firm’s client base contains some of the world’s largest companies including American Express, IBM, News Corporation and Air Canada. In 2011, the team acted as lead litigation counsel for H&R Block and 2nd Story Software (maker of TaxAct) in a highly publicized case where DOJ Antitrust Division sued to stop H&R Block’s $287m acquisition of TaxAct. Other work highlights included representing LabCorp, where it successfully defeated the FTC in its effort to block the client’s integration with Westcliff Medical Laboratories, and acting for Vietnam Airlines in multi-district litigation involving an alleged price-fixing conspiracy. ‘Set apart by the lawyers’ unique qualifications and industry know-how’, the practice includes some extremely highly regarded practitioners. Notably, in Washington DC, Joseph Krauss and co-chair of the practice Janet McDavid are ‘very experienced, knowledgeable practitioners, who take client service very seriously’, and the ‘terrific’ Robby Robertson is also a ‘top lawyer’. In New York, Sandy Litvack is ‘in a class of his own’ and delivers ‘unparalleled experience’ through previous service at the antitrust division at the DOJ, an in-house position at Walt Disney Company, and significant private practice experience. Logan Breed, who does a ‘great job’, and Benjamin Holt, who concentrates on antitrust litigation, were recently promoted to partner level.
Sullivan & Cromwell LLP’s antitrust lawyers are ‘totally dedicated’ to their clients; ‘they leave no stone unturned’ and their industry knowledge is ‘second to none’. Headquartered in New York, the group (praised for its responsiveness, legal writing skills and ‘excellent’ business acumen), also spans Washington DC, Palo Alto and Los Angeles. Yvonne Quinn and managing partner of the Washington DC office Daryl Libow co-chair the practice, which handles both contentious and non-contentious matters, as well as multi-jurisdictional investigations. Recent litigation highlights include defending Microsoft in a $1bn antitrust case brought by Novell, which claimed anti-competitive conduct by Microsoft in the PC operating system market injured Novell’s business productivity applications. In the field of antitrust clearances, the firm recently advised Nippon Steel Corporation on its $22.5bn merger with Sumitomo Metal Industries, and assisted Skype Global (Luxembourg) and Silver Lake Partners (US) in the $8.5bn acquisition of Skype by Microsoft Corporation from a Silver Lake-led investor group. While the firm’s client base includes a number of hi-tech clients, where the lawyers ‘get up to speed on new technology issues quickly’, the firm also displays a strong focus on advising financial institutions, where new client gains include JPMorgan Chase and HSBC. Noteworthy practitioners within the ‘spectacular’ antitrust team include managing partner of the Los Angeles office Robert Sacks and Palo Alto’s Brendan Cullen. In New York, Steven Holley is highly valued by clients; ‘he has very strong expertise, extensive experience as a litigator, and is one of the very top lawyers in antitrust nationally’.
White & Case LLP delivers an ‘excellent service and rapid response times’ and is ‘the best in terms of the quality of the work product’. In 2011, the firm achieved a number of major antitrust victories including for Saudi Aramco, defeating the most recent attempt by antitrust plaintiffs to challenge the activities of OPEC. The firm also acted for UK national and former CEO Ian Norris in four criminal antitrust charges carrying a 20-year sentence, in the first ever DOJ Antitrust Division extradition trial. Practice head Mark Gidley (‘a smart and responsive lawyer, whose creativity and substantive reach in the field are unmatched’) was recently part of a team which successfully represented Stolt-Nielsen in an indirect class action suit, relating to unfair competition claims. While the firm is better known for its litigation capabilities, George Paul in Washington DC, and Noah Brumfield in Palo Alto, are strong for merger clearance matters, and represented Grupo Bimbo in its acquisition of Sara Lee’s North American fresh bakery business for $959m. In antitrust litigation, Robert Milne and Jack Pace are ‘thorough attorneys and great team players’, and trial lawyer Christopher Curran is also recommended. The firm is also adept at handling patent-related antitrust cases, particularly in the pharmaceutical arena, where Eric Grannon is the key contact. Counsel David Ernst left for Allen & Overy LLP in 2011.
Dechert LLP is making a ‘strong advance into the antitrust market’ through the recent recruitment of ex-Skadden, Arps, Slate, Meagher & Flom LLP lawyers Michael Weiner and counsel Jill Ross in the New York office. Weiner joined as practice co-chair and handles antitrust counseling, litigation and government investigations, with a significant focus on the technology and telecoms industries; Ross specializes in mergers and acquisitions, advising clients on both federal and state antitrust review processes. Aside from the bolstered expertise in technology-related matters, the team also has high visibility in the healthcare sector, attracting clients such as DSI Renal and Prodigy Health Group. Another area of focus is the life sciences industry, where practice co-chair George Gordon (based in Philadelphia) handles IP-related issues and acts for pharmaceutical clients such as GlaxoSmithKline and Ferring Pharmaceuticals. Recent big-ticket instructions saw Washington DC’s Mike Cowie and practice co-chair Paul Denis advise Medco Health Solutions on the second largest merger of 2011, which is valued at $29.1bn and combines two Fortune 100 companies in the pharmacy benefits management sector. Acting for a number of food and beverage clients, the firm recently represented Dean Foods Company in separate class actions claiming monopolization, monopsonization and restraint of trade in both the raw milk and processed milk markets. While the firm benefited from significant arrivals in New York, the Washington DC office lost Jeffrey Brennan to McDermott Will & Emery LLP in 2011.
Freshfields Bruckhaus Deringer LLP houses ‘one of the most knowledgeable antitrust teams in the US’, where the business acumen and bench strength is ‘exceptional’. For M&A-related instructions, practice head Paul Yde’s knowledge of the law combined with his ‘measured, reasoned approach’ is ‘unmatched’. Yde recently worked alongside Tom Ensign, advising EMI on the US antitrust investigation into the proposed sale of EMI’s recorded music business to Universal. In the litigation arena, the firm recently bolstered its offering by recruiting Tim Harkness from Kramer Levin Naftalis & Frankel LLP. Harkness is part of the team representing Hachette Book Group in the Ebooks antitrust litigation, which involves class actions filed in San Francisco and New York. For cartel work, of counsel Terry Calvani is the key contact; ‘he is as good as it gets in the criminal antitrust world’, and acted for Emirates in the DOJ’s air cargo investigation. Other well-respected antitrust attorneys include Bruce McCulloch, who brings an ‘excellent practical approach to solving problems’, and Bob Schlossberg, who is past chair of the M&A committee of the ABA antitrust section. Both McCulloch and Schlossberg acted for Daimler and Rolls-Royce in their joint venture for the $5bn acquisition of German engineering group Tognum. Clients of the firm also include PepsiCo, Travelex, HBO and Japan Tobacco International.
Mayer Brown strengthened its ‘outstanding’ antitrust offering in March 2011, through the arrival of Carmine Zarlenga and three associates from Howrey LLP. ‘Great for distribution matters’, Zarlenga’s recent work highlights include representing Nestlé in a multi-district antitrust litigation, relating to alleged price-fixing on chocolate products, and in the largest antitrust case ever brought in Puerto Rico concerning Nestlé’s acquisition of Dreyer’s Grand Ice Cream. Besides Zarlenga, other highly regarded individuals include global antitrust leader Robert Bloch, who represents clients in criminal and civil investigations, and defends companies in private class action litigation in federal and state courts. For ‘top-notch client service and true bang-for-your-buck value’, John Roberti is ‘incredibly responsive and always makes time’; ‘he is clearly intelligent and gives well-thought-out, on-the-point advice’. Also worthy of note are Britt Miller and firm-wide litigation practice head Andrew Marovitz, who are acting for Lear Corporation in indirect purchaser putative class actions in which plaintiffs allege that the major manufacturers of automotive wire harnesses engaged in price-fixing and bid rigging. Clients of the antitrust department also include a number of household names such as Google, PepsiCo and Sony Electronics.
Shearman & Sterling LLP’s antitrust practice is situated in three offices across the US (New York, Washington DC and San Francisco), but it also has significant European coverage in Düsseldorf, London, Brussels and Paris. Having acted for blue-chip clients such as Cadbury, Nokia and Barclays, the group runs the full gamut of antitrust matters, from large-scale mergers to cartel investigations and cross-border litigation. Co-head of the global antitrust practice Beau Buffier comes recommended for defending mergers and acquistions, and recently advised Fujifilm on its proposed $995m acquisition of SonoSite, a manufacturer of portable ultrasound devices. Kenneth Price is also highly regarded, not only for M&A-related work but also criminal antitrust defense; he is the former chair of the global antitrust practice and has been at the firm for over 35 years. For antitrust litigation, San Francisco’s James Donato has particular expertise in cases involving monopolization, exclusive dealing and price-fixing claims brought by individual and class action plaintiffs; and Richard Schwed has conducted numerous jury and non-jury trials, and has considerable pre-trial and appellate experience. Jerome Fortinsky is also recommended and obtained dismissal of Merrill Lynch & Co and Merrill Lynch Global Private Equity from a lawsuit alleging a bid-rigging conspiracy among private equity firms. Recent changes to the group saw Jessica Delbaum promoted to partner and Edward Schwartz depart for Steptoe & Johnson LLP. All recommended individuals are based in New York, unless otherwise stated.
Commended for its ‘excellent service levels’, Sidley Austin LLP is ‘highly responsive and provides solid advice’. With antitrust lawyers in Chicago, Los Angeles, San Francisco, New York, and Washington DC, the firm not only offers strong national coverage, but also a significant global presence, where it is recognized for its cross-office collaboration with well-regarded competition teams in London and Brussels. The firm handles antitrust matters spanning a range of industries, with a particular focus on the pharmaceutical sector (where the team is supported by a strong patent group and FDA expertise); and high-tech instructions (where it acted for AT&T on the proposed acquisition of T-Mobile USA). In 2011, the firm won a new client in Astellas Pharma, and defended the leading biomedical engineer in class actions, relating to the alleged delayed market entry of generic versions of its immunosuppressant drug. The firm also represents a number of financial services clients, and recently acted for a Japanese bank in a series of class actions, filed in a number of jurisdictions, relating to price-fixing claims that contributor banks involved in setting Libor rates by the British Bankers’ Association violated the Sherman Act. Key antitrust contacts include Charles Douglas, Marie Fiala and Lawrence Fullerton. In Chicago, John Treece and Marc Raven are ‘a pleasure to work with and very strong technically’. New York-based Alan Unger is ‘incredibly smart, creative, and focused on achieving business objectives’.
‘Superior at handing the most complicated transactions’, Wachtell, Lipton, Rosen & Katz is ‘certainly one of the best firms for M&A-related antitrust matters’. The New York-based firm represents large corporations, such as Novartis and Colgate, and reaps praise for its client service where, for some, ‘there is no firm that has better business judgment, response times, industry knowledge, solid advice and professionalism’. Recent work saw Ilene Gotts, a very well-known figure in antitrust, represent AMB Property Corporation in its proposed merger with ProLogis; and David Schwartz act for NYSE Euronext in its merger with Deutsche Börse. Schwartz is hailed as a ‘rock star’ in the antitrust profession, who ‘clearly loves what he does for a living; he seems to eat, drink and sleep antitrust’. Other recommended individuals among the seven-partner department include Michael Byowitz, Joseph Larson, and the ‘incredibly diligent and highly responsive’ Damian Didden, who assisted Motorola Mobility Holdings in its $12.5bn sale to Google. The firm also has a heavy workload in patent-related antitrust work; where Gotts represented Google as the stalking horse bidder for the Nortel Networks patent portfolio in a high-profile bankruptcy proceeding. Daniel Hemli left to head up the antitrust group at Bracewell & Giuliani LLP in February 2011.
Weil, Gotshal & Manges LLP has suffered from numerous defections and retirements in recent years and 2011 and 2012 were no exception. Lee Van Voorhis left for Baker & McKenzie in March 2011, but the biggest hit came in January 2012, when former global co-head of antitrust and competition Helene Jaffe joined Proskauer Rose LLP. The practice is now left with a single chair in Steven Newborn, who previously co-led the team alongside Jaffe; Newborn primarily focuses on antitrust litigation, having served as director of litigation at the FTC’s Bureau of Competition, but is also active in obtaining approvals for M&A transactions. Although the practice is dwindling, peers admit they ‘still come across the firm, in spite of the departures’; it represents both plaintiffs and defendants before US, European and Asian courts and regulatory authorities and has acted for Panasonic, Eastman Kodak, ExxonMobil and Johnson & Johnson. Noteworthy practitioners include Steven Bernstein, Ann Malester and John Scribner, all of whom are based in Washington DC and handle antitrust counseling as well as litigation. Among the firm’s recent work highlights, Scribner successfully represented Apple as a member of a consortium in the purchase of various patents from Novell.
WilmerHale is ‘unmatched when it comes to complex antitrust analysis and insight into how government antitrust enforcement agencies operate’. ‘The firm is exactly what you want; extremely intelligent, results driven, customer focused, cost effective and business savvy. In short it is simply outstanding.’ The US antitrust practice is centered in Washington DC, however the group boosted its New York presence in October 2011, by recruiting former DOJ deputy assistant attorney general Molly Boast, who has over 30 years’ litigation experience in the public and private sector. The team is co-chaired by Michelle Miller and Thomas Mueller, and includes Eric Mahr (‘highly impressive’); Leon Greenfield (‘very thoughtful analyst’); and Harmut Schneider (‘superb understanding of the DOJ’). Also highly respected are William Kolasky, who delivers ‘supreme antitrust expertise and top diplomatic skills’, and James Lowe, who ‘knows how to investigate complex business areas effectively and efficiently’; both Kolasky and Lowe are ‘capable of the highest caliber of analysis and legal insight’. Work highlights of 2011 saw the firm represent International Paper, the largest pulp and paper manufacturer in the world, in its $4bn acquisition of Temple-Inland; and resolve a long-running multi-agency criminal and civil investigation for JPMorgan Chase relating to alleged bid rigging in sales of derivatives.
Well known for its focus on the technology and life sciences sectors, Wilson Sonsini Goodrich & Rosati handles antitrust matters relating to mergers and acquisitions, criminal and civil investigations by government agencies, litigation, and issues involving intellectual property. While the US team is spread across offices in New York, Washington DC and Silicon Valley, the firm recently bolstered its international offering by opening up its first European office in Brussels. The team includes a number of attorneys who have held senior positions at US federal agencies, in addition Jonathan Jacobson previously served as a congressionally-appointed commissioner to the Antitrust Modernization Commission, which was responsible for reviewing and recommending changes to the nation’s antitrust laws. Co-chair of the department and former director of the FTC’s Bureau of Competition Susan Creighton is also well regarded, as is Franklin Rubinstein who made partner in February 2012, and acts for a diverse client base spanning the pharmaceutical, medical, gaming, automobile, natural resource, media and hi-tech industries. In 2011, David Stewart and Mark Rosman joined the firm, from Howrey LLP and the DOJ respectively. Blue chip clients have included Google, Coca-Cola and American Express.
Baker Botts L.L.P.’s ‘very formidable’ antitrust practice launched in 2011, when 40 antitrust lawyers joined from the now-defunct Howrey LLP. Since then, the firm has firmly cemented its position in the antitrust market, with clients claiming that the ‘deep antitrust team’ provides ‘very good-value services, especially for large, complex transactions’. The group is predominantly based in Washington DC, but also has a smaller presence in Houston (led by Rufus Oliver), which is recommended for energy-sector antitrust issues. Recent work highlights saw John Taladay handle a DOJ investigation and litigation for Philips Electronics related to alleged price-fixing in the CRT industry; and Joseph Ostoyich successfully defend ExxonMobil in case brought by over 20 municipalities alleging monopolization through price-fixing. On the M&A side, Sean Boland and Paul Cuomo advised Caterpillar on international antitrust reviews of an $8.8bn acquisition of a competitor, which was cleared without any divestiture requirements in any jurisdiction and was the largest-ever acquisition for the client. Cuomo is often singled out for his ‘keen intelligence and many years of antitrust experience’, which allow him to ‘quickly apply law to new facts and provide well reasoned, easy to understand legal advice’. Clients also include Harley Davidson, South African Airways and Pride International.
The service levels at Cadwalader, Wickersham & Taft LLP are ‘ten out of ten’, where the ‘dedicated’ lawyers are praised for their response times, industry knowledge and depth of resources. The antitrust group expanded in 2011, when Peter Moll and Brian Wallach (both ‘extremely knowledgeable’ litigators) joined with their team of associates from Howrey LLP; and was further strengthened in 2012, when Joseph Bial and Andrew Forman were promoted to partner. Bial is well versed in civil litigation (‘his depth of expertise and passion for antitrust is unmatched’), and Forman is recommended for merger clearances. Recent work includes advising Microsoft in a number of high-profile matters such as the $8.5bn acquisition of Skype; the proposed acquisition of Nortel Networks’ patent portfolio; and as a third party in connection with Google’s acquisition of Motorola Mobility. The practice is led by Charles Rule (‘good judgment, tireless in advancing a cause’), who is acting for Dayton Power & Light in its $4.7bn acquisition by AES Corporation. The ‘very enthusiastic’ Jonathan Kanter is also recommended. In addition to the enhancement to the US antitrust litigation expertise, the firm has also bolstered its European presence by recently opening an office in Brussels.
‘Great value for money’, McDermott Will & Emery LLP is recommended for its ‘exceptional’ level of service and ‘efficient, pragmatic advice’, which ‘really cannot be beaten’. In 2011, the antitrust practice not only expanded in size but enhanced its offering in the healthcare sector, through the arrival of Jeffrey Brennan, who joined from Dechert LLP. Brennan is the former head of the FTC’s healthcare division and recently advised Kinray, the largest pharmaceutical wholesaler to independent pharmacies in the New York City area, on the antitrust aspects of its acquisition by Cardinal Health. Spread across offices in Washington DC, Illinois, Texas, New York and California, the team is led by Joseph Winterscheid, who focuses on merger control, abuse of dominance cases and distribution counseling. Working closely with Winterscheid in Washington DC, Joel Grosberg and Raymond Jacobsen are ‘business savvy and work around their clients’ time and issues’. Grosberg recently advised Fila Korea on its $1.2bn acquisition of Acushnet Company’s golf business from Fortune Brands. In Chicago, the ‘fantastic’ David Marx is defending Mars in a chocolate price-fixing class action. Houston-based Alison Smith is extremely active in the oil and gas sector, acting for clients such as Texas Offshore Port System and Anadarko Petroleum Corporation.
The ‘excellent’ lawyers at Morrison & Foerster LLP are ‘team players, subject matter experts and sensitive to client needs’. The well-rounded group handles matters spanning a range of industries, with a particular focus on technology, transport, life sciences and financial services. 2011 was a strong year, which saw lawyers acting on a number of landmark deals. Notably, the team advised Hitachi in the $4.3bn sale of Hitachi Global Storage Technologies to Western Digital (one of the biggest technology deals of 2011), and represented Terumo Corporation on its $2.6bn acquisition of US medical device company CaridianBCT (the largest acquisition ever by a Japanese company in the medical device sector). In the litigation arena, the firm acted for Bank of America in the payment card antitrust litigation, alleging interchange fees and merchant discounts, which is one of the largest private antitrust cases ever brought. The firm’s antitrust group is predominantly based in Washington DC, where David Meyer (‘deep expertise and very strong intellect’) co-chairs the practice alongside Stephen Smith. Elsewhere, in New York, trial lawyer Dennis Orr is recommended, and in Los Angeles, Sean Gates is the key contact, particularly for IP-related antitrust issues.
Clients have ‘great faith’ in the ‘strong team’ at Orrick, Herrington & Sutcliffe LLP, which delivers ‘excellent judgment and a responsive, cost-effective service’. The team is not only present in three offices in the US (Washington DC, New York and San Francisco), but also has a very strong global platform, with additional outposts across Europe and Asia. Led by the ‘extremely thoughtful, smart, and practical’ Robert Rosenfeld, the practice handles a diet of dominant firm conduct issues, international cartel investigations, private damage actions, distribution restrictions and intellectual property matters. The firm also handles some M&A and joint venture-related instructions (it recently represented BASF and INEOS Group, in a joint venture that was under investigation by the FTC), but is better known for its non-merger workload. Microsoft is key client, and recent work for the computer giant includes handling patent misuse claims raised by Barnes & Noble before the International Trade Commission (ITC), and winning a case against MSNBC.com concerning internet bank rate table listings. Other noteworthy individuals include Stephen Bomse and Richard Goldstein. For IP-related antitrust matters, Jessica Pers and Jay Jurata are recommended.
Making a ‘strong push into the antitrust market’, Paul Hastings LLP significantly enhanced its profile following the arrival of three highly regarded figures. Ex-Howrey LLP attorney Scott Hataway was added in Washington DC, and Holly House and Thomas Brown joined the San Francisco office from Bingham McCutchen LLP and O’Melveny & Myers LLP respectively. Hataway is well known for his government-related expertise, House brings substantial litigation experience, and Brown focuses on antitrust issues affecting the financial services industry. Work highlights for the ‘outstanding’ team included representing longstanding client Samsung in the sale of its hard disk drive business to Seagate, the client’s first ever divestiture; and defending Dow Chemical Company and Korean Air Lines in two of the largest respective multi-district civil antitrust class action price-fixing cases in the US. The practice, which is recognized for its strong coverage on both the East and West Coast, is led by Michael Cohen, who is praised for his ‘high intellect, business understanding and responsiveness’. Also recommended are the well-seasoned litigators Hamilton Loeb and Kirby Behre.
At Baker & McKenzie, ‘the lawyers always value their clients’ time and truly have their best interests at heart’. The firm has a very strong global antitrust practice and national coverage of the US, with antitrust practitioners in Chicago, Miami, New York, Washington DC, San Diego and San Francisco. Running the full gamut of antitrust activities, the team also has a strong focus on the healthcare sector, where it recently handled a merger review for Sanford Health; antitrust litigation work for CareCore National; and merger clearance work for Fresenius Medical Care’s proposed acquisition of Liberty Dialysis. Outside the healthcare industry, work highlights included representing ENSCO in a DOJ investigation of the $7.3bn merger between ENSCO and Pride International, to form the second largest offshore oil-drilling company; and acting for leading mobile chipset provider Innofidei in litigation alleging global monopolization. The US antitrust group is led by Washington DC’s David Clanton. In Chicago, Roxane Busey is hailed as ‘outstanding’ and ‘always well prepared’. The firm recently benefited from three arrivals in the Washington DC office; Stephen Harris joined from Jones Day, Lee Van Voorhis arrived from Weil, Gotshal & Manges LLP, and Katherine Funk was hired from Dentons.
Bingham McCutchen LLP combines an ‘excellent service’ with ‘appropriate, business-sensitive advice’, and although the antitrust practice wins plaudits for its ‘strong team of advocates’, it took a hit in September 2011, when its highly regarded co-chair Holly House departed for Paul Hastings LLP. The department, which is well regarded for its litigation capabilities, is now centered on Donn Pickett, who has extensive experience in defending class actions. Pickett recently won a key ruling for Intel in a case brought by computer buyers seeking to represent a nationwide class, alleging that Intel’s sales and marketing practices violated antitrust laws. Work highlights also saw Richard Taffet representing Sharp Corporation in direct and indirect purchaser class action cases and opt-out litigation relating to price-fixing conspiracies, and Jon Roellke acting for Morgan Stanley Capital Group in putative class actions alleging antitrust violations arising from a financial swap transaction. Clients recommend Daniel Goldberg and Robert Lewis who have a ‘great deal of experience’; ‘they make fine oral arguments and are excellent cross-examiners’. The firm’s antitrust practitioners are based in New York, Boston, Washington DC, Palo Alto and San Francisco.
‘Excellent on all counts’, DLA Piper LLP is ‘very responsive and extremely knowledgeable of the laws in various circuits’. The firm reaps praise for its antitrust litigation capabilities, acting for Oracle America, Time Warner Cable and Reddy Ice Holdings among others. Recent work includes representing Church & Dwight, America’s largest seller of condoms under its Trojan brand, in an antitrust action brought by the client against another competitor in the condom industry. As part of a strong global network, the 20-partner US practice operates on an evenly spread national platform, led by the ‘excellent’ David Bamberger in Washington DC, who has over 30 years’ litigation experience in federal and state courts around the country. In Philadelphia, Carl Hittinger is ‘always well prepared and truly an expert in the field; while he knows how to settle cases, he is willing and extremely able in taking a case through litigation’. Dallas-based James Nelson heads up the Texas litigation group and has tried nearly 200 jury trials, but is also well known for defending antitrust investigations. Also recommended are Jeffrey Shohet in California, and Paolo Morante in New York.
‘Very knowledgeable in the antitrust arena’, Debevoise & Plimpton is recommended for its ‘excellent client service’. Staffed principally by litigators, who have substantial merger experience, the three-partner department works closely with other departments, such as the white-collar criminal defense, intellectual property and corporate M&A teams. The well-rounded group acts for plaintiffs and defendants, and has experience across a wide range of industries, managing an even workload of mergers, investigations and litigation. Recent work includes representing Amazon.com in its acquisition of e-commerce company Quidsi, which owns Diapers.com and Soap.com. The firm also continued to act for The Association of American Publishers in copyright litigation over Google’s plan to scan full-text books, which included a DOJ antitrust investigation. Based in New York, key antitrust contacts include Gary Kubek, Daniel Abuhoff and of counsel Kyra Bromley. Michael Schaper was recently promoted to partner and is adept at handling IP-related antitrust issues.
Dickstein Shapiro comes highly recommended for its niche experience in representing plaintiffs that have opted out of class actions, and is representing several of the top corporate buyers, including Leggett & Platt and The Carpenter Group, in the Urethane Antitrust Litigation, which involves a series of major price-fixing suits. The ten-partner team also has significant expertise representing plaintiffs in traditional antitrust litigation, where it is acting for Novell in a case against Microsoft, alleging monopolization of the word processing market. The firm also fields a broad antitrust defense practice, where it is defending an air cargo carrier in multi-district litigation involving price-fixing claims. The Washington DC and New York-based group, which is ‘always pragmatic and always available’, is co-chaired by Jay Fastow and Peter Kadzik. Other recommended individuals include the ‘very responsive’ Joel Kleinman and the ‘very astute’ Elaine Metlin, who has ‘an amazing background in criminal law’. Richard Leveridge heads up the litigation practice, but also has significant antitrust experience, where he has ‘fantastic client skills and handles difficult cases with aplomb’. The department’s enviable client base includes Coca-Cola, Pfizer, Anheuser-Busch and Kraft Foods North America.
The 11-partner antitrust practice at Fried, Frank, Harris, Shriver & Jacobson LLP regularly advises Fortune 500 companies on mergers and acquisitions, joint ventures, government investigations, and civil and criminal trial and appellate litigation. The team has handled some highly publicised M&A antitrust matters of late, including acting for a third-party cable operator in the DOJ’s review of the $37bn merger between Comcast and NBCUniversal. In litigation, the firm is representing Malaysia Airlines in one of the largest worldwide antitrust cases, which involves a multi-district dispute relating to price-fixing allegations and a European Commission investigation. The antitrust group is led by Bernard Nigro, who demonstrates ‘excellent knowledge of antitrust and the regulatory environment’; he works closely with specialist antitrust attorneys Peter Guryan and Richard Park as well as receiving support from a team of eight litigation partners. Nigro and Park recently represented Simon Property Group on the divestiture of outlet malls and various FTC order compliance issues, which is the first time that the FTC has investigated and brought an enforcement action in the real estate industry. For expertise in pre-merger notification compliance under the Hart-Scott-Rodino Act, special counsel Alyson Leigh Redman is recommended.
Hunton & Williams LLP handles a range of antitrust instructions, including merger review, criminal antitrust defense and investigations, and antitrust litigation. Working closely with the firm’s consumer protection and advertising review department, and the customs and international trade team, the practice provides the whole spectrum of antitrust assistance to its clients. Bruce Hoffman (former deputy director of the FTC’s Bureau of Competition) leads the antitrust offering, which is primarily based in Washington DC, but also has a smaller presence in Virginia. Other recommended individuals include vice chairs of the global competition practice David Higbee, a former DOJ deputy assistant attorney general, and Ray Hartwell, who has over 30 years of antitrust experience. Higbee is adept at dealing with merger clearances, and Hartwell handles criminal and cartel defense work. In Richmond, Thomas Slater has a broad litigation practice, and has vast experience in handling energy-sector antitrust disputes; notably he acted for a Fortune 100 industrial firm in an antitrust action against an interstate gas pipeline involving claims of monopoly leveraging.
K&L Gates’ primary US antitrust contact is Kenneth Glazer in Washington DC, who is recommended for advisory matters and whose previous positions have included deputy director of the FTC’s Bureau of Competition and senior competition counsel for Coca-Cola. The practice, which also houses lawyers in New York, Pittsburgh, Chicago, Dallas, Portland, Seattle and San Francisco, handles M&A-related issues, civil and criminal litigation, as well as monopolization matters. Highlights included acting for Nike in a dispute with the global tennis federations relating to the use of trademarks on sporting attire, and defending a major Japanese electronics company in US and Canadian investigations and prosecutions alleging the price-fixing of carbon graphite. The firm is also recognized for its expertise in consumer protection and false advertising, where it has represented an internet data management firm in an FTC investigation into online tracking activities. New York’s Douglas Broder, has over 30 years’ litigation experience; and Portland-based Philip Van Der Weele handles both contentious and non-contentious instructions for clients such as American Suzuki Motor Company, Portland General Electric Company and Safeway.
In November 2011, King & Spalding LLP benefited from the addition of 32-year DOJ veteran Donna Kooperstein, who joined the Washington DC office as senior counsel. The arrival of Kooperstein, whose position at the DOJ was chief of the transportation, energy and agriculture section, has not only enhanced the firm’s profile in the antitrust arena, but also increased its offering of first-hand agency knowledge. The practice, led by Jeffrey Spigel, is predominantly centered in Washington DC, but is also peppered across New York, Atlanta and Houston. Outside the US, the firm is currently expanding its European presence. Recent work includes two high-profile instructions from Bank of America, one of which concerned plaintiffs’ claims in the Municipal Derivatives Antitrust Litigation; and the other relates to the client’s subsidiary Countrywide Financial Corporation, where the firm handled an FTC investigation into loan servicing practices. Besides the firm’s strong skill set when it comes to government relations, the team also has strengths in the healthcare context, where it acts for clients such as Hospital Corporation of America and Piedmont HealthCare.
The ‘very knowledgeable and highly responsive’ team at Linklaters handles both merger control matters and antitrust litigation, and has seen an uptick in instructions relating to the oil and gas, healthcare and financial services industries. The New York-based team is part of a 120-strong global practice, which includes well-regarded teams in Brussels, Paris, London, Dusseldorf and Asia. Recent client gains for the group include The Linde Group and Barclays Capital. It represented Deutsche Börse on antitrust aspects of its $10bn proposed merger with NYSE Euronext, which will create a premier global exchange group and a leader in derivatives trading, equities trading and risk management. The antitrust department is chaired by Thomas McGrath, who recently acted for Air France-KLM in a cargo price-fixing investigation by the DOJ and in follow on litigation. McGrath works closely with the ‘practical’ Jeffrey Schmidt and the ‘approachable’ associate in Antonia Sherman; both Schmidt and Sherman are ‘timely, knowledgeable, and do a good job of distilling issues to their root’.
Often better known for its litigation capabilities in the antitrust arena, Pillsbury Winthrop Shaw Pittman LLP acts for clients such as AT&T, Wickes Group and UBE America. The firm’s Washington DC office recently benefited from the addition of three ex-Winston & Strawn LLP lawyers. In December 2010, Michael Sibarium, a former attorney adviser to the Federal Trade Commissioner, joined as antitrust co-chair; then in mid-2011, litigator William Sullivan and senior associate Jeetander Dulani further bolstered the firm’s East Coast antitrust offering. The department also has a significant presence in California, where Roxane Polidora comes recommended and is the firm-wide leader of the antitrust and competition practice. Also based on the West Coast, Michael Kass recently represented Dynergy in multi-district litigation concerning alleged manipulation of published index prices for natural gas, and Joseph Tiffany acted for Atheros Communications in the antitrust reviews of its $3.1bn acquisition by Qualcomm. Other noteworthy practitioners in California include Jacob Sorensen, who leads San Francisco’s litigation group and has substantial experience handling international cartel matters, and Terrence Callan, who is recommended for government investigations.
Sheppard, Mullin, Richter & Hampton LLP is recommended for its international cartel experience and complex class action capabilities. Fielding eight dedicated antitrust partners, the team is present on both the East and West Coast. Notably, in Washington DC, peers praise Donald Klawiter, who has served in several senior positions at the DOJ’s antitrust division; and Jennifer Driscoll-Chippendale, who is not only adept in cartel matters but also merger investigations before the European Commission. In San Francisco, practice chair Gary Halling is working alongside James McGinnis and Michael Scarborough in defending Samsung SDI companies in DOJ grand jury criminal price fixing and foreign enforcement investigations, which involves cathode ray tubes and over 30 civil antitrust class actions. The firm is highly regarded for its focus on the entertainment industry, where Los Angeles-based David Garcia is the key driver and represents a number of major movie studios. Garcia is also recommended for IP-related antitrust issues, where he recently acted for Yahoo! in multi-district antitrust litigation arising out of patent claims; and healthcare-sector instructions, relating to mergers and issues arising from recent changes in federal healthcare laws.
Delivering an ‘excellent service’ and ‘very practical advice’, Vinson & Elkins L.L.P. is ‘very knowledgeable on the workings of the FTC’. Predominantly based in Washington DC, the team is well equipped to deal with a range of antitrust issues, including criminal and government investigations, and merger work. For civil litigation, the practice is largely based in Houston, where noteworthy individuals include James Reeder and David Harvin; ‘on the litigation side, there is no one better than Harvin; he is very intelligent and gets great results’. The group recently expanded with three lawyers arriving from McDermott Will & Emery LLP; Matthew Jacobs joined the Palo Alto office, which opened in 2010, and Craig Seebald and senior associate Vincent Van Panhuys further strengthened the firm’s presence in Washington DC. Due to the arrival of Jacobs and Seebald, the firm has expanded its Japanese client base and is now the principal antitrust counsel to Hitachi, where the firm is defending the client against an alleged six-year conspiracy to fix prices for optical disk drives and products containing optical disk drives. With respect to merger work, Neil Imus, William Vigdor and Dionne Lomax come highly recommended.