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Antitrust - Southwest
PRACTICE: Baker Botts, L.L.P. ‘continuously exceeds client expectations’. The practice has seen an increase in mergers work in recent years as well as litigation, and successfully defended Reliant Energy and Reliant Energy Services in several suits brought by gas purchasers in California, Kansas, Wisconsin, Colorado and Missouri, concerning the Federal Energy Regulatory Commission’s investigation into alleged manipulation of electricity and natural gas prices. The team also advised Marathon in a credit card fee class action filed on behalf of Marathon service station dealers nationwide, that was dismissed both at district court and appeal level. In merger matters, the practice represented Transocean, the world’s largest offshore drilling company in its $58bn merger with GlobalSantaFe, and obtained antitrust clearance for Bristow Group in connection with the sale of its helicopters. Clients state: ‘ Baker Botts, L.L.P. works remarkably well as a team, seamlessly bringing in other departments when weight is required on particular issues’.
CLIENTS: The roster includes Reliant Energy, Transocean, Bristow Group, McDermott International and Marathon.
INDIVIDUALS: Greg Copeland and Mark Robeck are recommended for trial work. ‘Up and coming’ David Rodi is becoming an increasingly recognized antitrust practitioner, and Rufus Oliver ‘the best in the business for oil matters’, state clients. ‘He understands the technology, and is able to apply antitrust principles to the industry’. Richard Brooks is ‘the best we have ever dealt with for Hart-Scott-Rodino Act questions’.
PRACTICE: Fulbright & Jaworski LLP has ‘a good bunch of lawyers’ practicing in Houston. The competition practice has worked with dozens of industries, but the team is especially strong in energy, health care, pharma, and technology. Experience ranges from civil and criminal antitrust matters to controversial mergers, and the antitrust aspects to IP claims. The practice has worked on class action antitrust cases, involving issues as diverse as oil royalties, natural gas sales, explosives, corrugated containers, cement, and milk production. Recent matters include defending a hospital group against a putative class of employees that alleged a conspiracy to suppress wages, and representing an energy company against allegations of a nationwide conspiracy to fix the price of natural gas at the wellhead.
CLIENTS: Representative clients include energy, health care, pharma and technology companies.
INDIVIDUALS: Houston-based Layne Kruse is a ‘leading trial lawyer’. Richard Carrell has extensive experience in class action litigation, and has served as chair of the antitrust and trade regulation section for the State Bar of Texas.
PRACTICE: The Southwest offices of international corporate law firm Haynes and Boone, L.L.P. have an ‘exceptional reputation’ for defending clients involved in cartel enforcement proceedings in the US and overseas. Examples of ‘first-class work’ include the successful defense of a national healthcare provider against antitrust claims, resulting in a take-nothing jury verdict against the plaintiff’s claimed losses of $20m.
CLIENTS: Clients include Fortune 500 companies and international corporations from the air cargo, vitamins, chemicals, and computer memory chip industries.
INDIVIDUALS: Dallas-based Barry McNeil is a recognized leading litigator, and is strongly recommended for his defense of companies and senior officers in antitrust criminal prosecutions and class proceedings. The ‘highly intelligent’ Ronald Breaux is also praised for his defense experience in federal criminal investigations and trials.
PRACTICE: Susman Godfrey LLP is well-known for plaintiff-focused antitrust litigation. The team was one of two co-lead counsel in a novel antitrust class action on behalf of a class of football and basketball players at Division I schools that challenged a rule under which the NCAA limits the amount of athletics-based financial aid that member schools may provide. Also of interest, the practice jointly advised a class of several million Comcast cable subscribers in the Boston, Chicago, and Philadelphia metropolitan areas who alleged that Comcast conspired with competitors to divide markets. The practice also represented airline passengers claiming that Korean Airlines and Asiana engaged in a conspiracy to fix the prices of airfares, the litigation involving more than 70 class action cases.
CLIENTS: The roster includes Platform Solutions ACE Limited, Gateway, Masimo, ChoiceParts and Tessera Technologies
INDIVIDUALS: Houston-based Stephen Susman is an ‘astonishing litigator and trial lawyer’ who represents both plaintiffs and defendants, and who acted for Northrop in its suit against McDonnell Douglas over an F-18 jet fighter. Lee Godfrey also comes highly recommended for headline antitrust litigation.
PRACTICE: Andrews Kurth LLP has notable antitrust experience within a raft of industries, such as energy, food and beverage, healthcare, manufacturing and insurance. The practice frequently guides clients through the HSR review process at the Federal Trade Commission and US Department of Justice, as well as providing compliance advice, and leading on complex civil and criminal litigation. Recent experience includes winning an antitrust price-fixing case against more than 52,000 class members.
CLIENTS: Clients include chemical, financial services, health care and manufacturing companies.
INDIVIDUALS: Dallas-based Jerry Beane has more than 36 years’ experience defending antitrust cases and governmental investigations, and has run a price fixing class action, comprised of more than 300,000 class members.
Cox Smith Matthews Incorporated
PRACTICE: San Antonio firm Cox Smith Matthews Incorporated is recommended for compliance work, merger issues, and complex antitrust cases. Successful matters have included the defense of a prepaid drug insurance plan against an antitrust challenge through two appeals to the United States Supreme Court, and the defense and ultimate settlement of the largest nationwide antitrust class action that had been brought at the time.
CLIENTS: Clients include healthcare, pharma, telecommunications and automobile rental companies.
INDIVIDUALS: William Frank Carroll and Michael Ferril have extensive experience in the trial of complex class actions and antitrust. James Spivey, a former chair of the State Bar of Texas antitrust and business litigation section, is also a highly regarded practitioner.
PRACTICE: The Dallas-based attorneys at Gardere Wynne Sewell are well-regarded by the market for challenging antitrust litigation. The practice has defended the largest supplier of chickens in the US and Mexico in 21 putative class action antitrust cases, concerning price fixing and market allocation allegations. Also of note, the practice represented L-3 Communications in a monopolization case involving the P-3 Orion aircraft. Other representative experience involves the defense of Eight Homebuilders (including Lennar, Toll Brothers and KB Homes) in a suit concerning an alleged group boycott in violation of federal law, while RSR Corporation and various AIG companies were advised in a horizontal conspiracy action.
CLIENTS: Among a list of impressive names appear Pilgrim’s Pride Corporation, RSR Corporation, L-3 Communications, Eight Homebuilders, and corporate advertising giant WPP Group.
INDIVIDUALS: Curtis Frisbie and Mark Bayer are both highly rated antitrust attorneys.
PRACTICE: Thompson & Knight LLP is a Dallas-based practice with around 20 antitrust trial attorneys working from offices all over the US, Mexico and Brazil. Key cases have included an international class action for Chaparral Steel that involved an alleged worldwide conspiracy among graphite electrode manufacturers to fix the price and allocate the volume of graphite electrodes sold in the US and elsewhere. The firm is active in the retail and commercial sectors, but successfully distinguishes itself within the healthcare industry where it has acted on several anti-competitive conduct matters for healthcare corporations and large physician groups. One representative matter involved representing the North Texas Specialty Physicians in relation to an alleged violation of Section 5 of the Federal Trade Commission Act that marked the first time a doctor group had gone to trial with the FTC in 20 years. In the real estate sector, the practice defended Simon Property Group in an action concerning the alleged violation of antitrust laws by obtaining a radius clauses preventing competition by a planned shopping center. The work produced is ‘exceptional’, say clients.
CLIENTS: Clients include The Republic of Angola, food and tortilla manufacturing company Gruma, Simon Property Group, and health care clients North Texas Specialty Physicians. Sara Lee is a new client win for the group.
INDIVIDUALS: Clients single out practice chair Gregory Huffman in relation to complex antitrust cases, with William Katz and James Berglund also recommended.
PRACTICE: In recent years, Vinson & Elkins L.L.P. has endured the departure of some high-profile antitrust lawyers, such as Allan Van Fleet two years ago to Greenberg Traurig LLP, Robert Walters in April 2008 to Energy Future Holdings, and veteran litigator Gibson Walton’s recent departure for Hogan & Hartson LLP’s budding Houston office. Consequently, questions are asked as to whether the firm will in the future remain committed to the antitrust arena. Meanwhile, the practice continues to turn out excellent mergers work, and obtained a significant victory for the City of Dallas in an antitrust suit relating to the two major airports in the Dallas area, and obtained the dismissal of antitrust claims brought against Continental Airlines. Clients find the attorneys ‘thorough in their work. They partner well with in-house counsel and work with us to manage costs. The team is strategic in its approach to litigation management, and sensitive on issues that might impact our business.’
CLIENTS: The firm acts for inter alia, major international airlines, insurance companies and chemicals companies, the names appearing on the roster including Continental Airlines, First Southwest and Huntsman International.
INDIVIDUALS: Houston-based Jim Reeder has extensive antitrust counseling experience, with a particular focus on the healthcare industry. Erica Krennerich has acted on numerous commercial class actions, and successfully represented an Indian-based steel company in prosecuting antitrust claims against the United States’ largest steel manufacturer.