Antitrust and Unfair Competition Engagements
American Booksellers Association v. Barnes & Noble, et al. - We represented plaintiffs at trial in action alleging violations of Robinson-Patman Act and state unfair competition statutes.
Conroy, et al. v. Staples, Inc., et al. - This consumer antitrust class action was brought in the United States District Court naming our client Staples, Inc. as a purported defendant class representative of all retailers who sold 3M Corporation transparent tape in the United States. Plaintiffs alleged that Staples, Inc. along with similarly situated retailers conspired with 3M Corporation to fix the prices of 3M transparent tape products and to exclude competitors. We successfully obtained early summary judgment in favor of Staples, Inc.
Crane v. Bell Helicopter Textron, Inc. – Obtained a complete defense jury verdict on behalf of Bell Helicopter Textron, Inc. in an action brought by Crane Helicopter Services. Crane asserted claims against Bell for defamation, trade libel, negligence, fraud, and unfair competition. Crane's last settlement demand before trial was $10 million. The case was tried in the Eastern District of California.
Dorough v. Rite Aid Corporation, et al. - Defended a consumer class action filed in the Central District of California against a major retail pharmacy chain arising from its prescription medicine pricing practices.
Manasen v. California Dental Service - Served as class counsel for a plaintiff class of all dentists in the State of California in this antitrust class action alleging price fixing of dental fees and insurance coverage. The action was dismissed pursuant to the McCarran-Ferguson Act; the dismissal was reversed on appeal to the Ninth Circuit, and the action was subsequently settled.
Stafursky et al. v. Internet Success Systems et al. - Defended a nationwide leasing company in a class action alleging deceptive marketing practices, including violations of the Unfair Competition Law, the False Advertising Law, the Consumer Legal Remedies Act, and common law fraud and unjust enrichment. We derailed the plaintiffs' case at the outset of the litigation by obtaining a trial court order staying all claims against our client based on a forum selection clause that required the plaintiffs to bring their claims in another state. We then successfully settled the matter on favorable terms.
Union of Needletrades v. The Gap, et al. - Represented The Limited, Lane Bryant, and Abercrombie and Fitch in parallel actions in Hawaii federal court and California state court containing class alleging unfair competition claims under a variety of state and federal statutes.
Whang v. Visa; Zagha v. Visa - We represented Visa International in these companion state court actions alleging breach of contract in the handling of traveler’s cheque claims.