Representative Matters

Merger Control/Antitrust Investigations

• Lead counsel for chemical tanker shipping business in connection with merger control filings in several jurisdictions, including HSR filing and merger investigation by South Africa Competition Commission.
• Lead counsel in representation of proposed buyer in DOJ merger investigation resolved without Second Request, remedies, or litigation.
• On secondment as in-house competition counsel, represented global power management company in connection with Second Request investigation of $3.3 billion merger.
• Represented global motion-and-control technologies manufacturer in connection with HSR filing and subsequent DOJ antitrust investigation of $4.3 billion merger.
• Represented manufacturer of equipment and components for oil-and-gas industry in connection with Second Request investigation of $2.5 billion merger.
• Represented hardware distributor in FTC’s investigation of its acquisition of self-service key duplication kiosk business.
• Represented rubber manufacturer in sale of rubber track plant to military contractor through inquiry from DOJ and DOD.
• Represented scrap metal company in its purchase by competitor and related inquiry from DOJ.
• Prepared HSR filings in connection with tender offers, open-market securities purchases, and bankruptcy purchases.
• Regularly prepare HSR filings and counsel clients (including manufacturers and distributors of hardware and medical equipment, retail outlets, early-stage pharmaceutical companies, shipping and logistics companies, investors, and private equity funds) regarding HSR compliance, reportability, exemptions, and risk-sharing and related provisions in merger, purchase, and license agreements.

Antitrust Counseling

• Advised European and other non-U.S. clients on U.S. antitrust risks posed by proposed mergers and acquisitions (including HSR compliance), as well as minority investments, partial acquisitions, joint ventures, and other competitor collaborations.
• Advised investment funds concerning antitrust issues associated with common ownership of competing portfolio companies.
• Advised clients, including dental imaging provider and aftermarket auto parts distributor, regarding antitrust risks associated with participation in group purchasing organizations.
• Advised manufacturers regarding exclusive supply and distribution arrangements.

Antitrust, Class Action and Other Complex Litigation

• Successfully represented Mission Essential, a defense and intelligence services provider, in antitrust class action alleging unlawful no-poach agreement between and among defense intelligence contractors, which resulted in favorable settlement.
• Successfully represented Fortune 500 company in litigation and arbitration concerning alleged breach of distribution agreement and fraud, resulting in award in favor of client.
• Represented specialty chemical manufacturer in antitrust price-fixing class action and follow-on litigation commenced under the False Claims Act.
• Successfully defended financial institution in class action alleging failure to timely record mortgage satisfactions, including several appeals.
• Successfully litigated and settled litigation on behalf of steel manufacturer against coal supplier for breach of contract.
• Won arbitration award on behalf of floor care manufacturer against terminated dealer.
• Part of team that obtained summary judgment on behalf of composite deck manufacturer in class action alleging product defects and breach of warranty.
• Part of team that obtained dismissal of complaint against national concert promoter commenced by concert venue alleging tortious interference and breach of contract.
• Obtained dismissal of tortious interference claims by cell phone store owner against national wireless carrier.
• Successfully obtained temporary restraining order and preliminary injunctive relief on behalf of national financial institution to freeze assets of massive fraud.
• Successfully obtained judgment after bench trial against former employee of polymer manufacturer for breach of noncompete agreement and breach of duty of loyalty.
• Represented global manufacturer in litigation commenced by terminated dealer and obtained favorable settlement.
• Prepared petition for writ of certiorari to U.S. Supreme Court on behalf of manufacturer of industrial vehicles concerning constitutionality of dealer statute.
• Represent third parties in response to subpoenas arising out of complex antitrust litigation.

Government Enforcement/Investigations/White-Collar Criminal Defense

• Represented media, technology, and advertising company in responding to civil investigative demand from FTC related to consumer protection investigation.
• Represented architect through DOJ investigation and jury trial of fraud and extortion charges in federal court.
• Represented Fortune 500 company in internal investigation of fatal incident at manufacturing facility.
• Represented physical therapists in False Claims Act investigation.

Pro Bono

• Part of team that won reversal of federal hate crimes conviction before U.S. Court of Appeals for the Sixth Circuit.
• Argued appeals before U.S. Court of Appeals for the Sixth Circuit on behalf of individuals convicted of crimes.
• Successfully represented several tenants in eviction disputes.