Experience

Mercari U.S. Inc.

Represented Mercari in response to subpoenas issued by Meta and the Federal Trade Commission in the FTC v. Meta antitrust action.

Rhode Island Attorney General Antitrust Investigation of Proposed Merger Between Two Largest Healthcare Systems in Rhode Island

Represent the Rhode Island Attorney General in conducting an antitrust investigation, in coordination with the Federal Trade Commission, of the proposed merger between the two largest healthcare systems in Rhode Island. Following the issuance of the Rhode Island Attorney General’s 131-page, single-spaced decision regarding the proposed transaction, the transacting parties abandoned the merger.

Historic $575 Million Settlement With Sutter Health in Antitrust Class Action

Represented UFCW & Employers Benefit Trust (UEBT) and a certified class of direct purchasers of hospital services in seeking preliminary approval of a historic settlement reached on the eve of trial in the landmark antitrust class action against Sutter Health, the largest hospital system in Northern California. Sutter has agreed to pay $575,000,000 in monetary relief and to comply with comprehensive injunctive relief, including an independent monitor who will police Sutter’s compliance with the proposed final judgment over a 10-year period.

International Antitrust Price Fixing Representations

Represented Korean, Japanese, and United States targets in twelve separate federal U.S. DOJ antitrust price-fixing investigations (and parallel civil cases) in the DRAM, SRAM, airline, air cargo, LCD, wire harness, CRT, ODD and auto parts industries. 

Air Cargo Antitrust Investigation

Represented Korean national in Department of Justice criminal investigation (Antitrust Division) regarding alleged collusion in the airline industry in violation of the Sherman Act, Section 1. Successfully navigated client through investigation resulting in DOJ decision not to prosecute.

Chiron v. Hoffman-LaRoche

We represented Chiron Corporation as a plaintiff in this patent infringement action in the Northern District of California. The case involved the patent for a vaccine for the Hepatitis C virus, as well as antitrust counterclaims.

In re Lithium Batteries Antitrust Litigation

Represented Dell in lithium batteries antitrust litigation as class opt-out plaintiff in federal multidistrict litigation against suppliers of lithium ion batteries for alleged price-fixing of the batteries which are used in laptops.

Sessions Tank Liners v. Joor Manufacturing

Served as co-counsel on appeal overturning an adverse ruling in favor of plaintiff in an antitrust action involving the Noerr-Pennington doctrine..

Cement Antitrust Litigation

Served as co-lead trial counsel for the nationwide class of cement purchasers alleging price fixing in cement. The case was successfully settled for $70 million.

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.

Continental Airlines Inc. v. American Airlines, Inc.

Served as counsel for Northwest Airlines in a predatory pricing antitrust action against American Airlines. This case was filed in the Southern District of Texas.

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.

Dumas et al. v. The Upper Deck Company et al.

Defended an unfair competition class action brought in federal court in San Diego against a distributor of sports trading cards arising from its marketing and advertising practices.

Fernandes et al v. Prolong Super Lubricants, Inc. et al.

Defended four consumer class actions filed in California, Texas and Illinois against the manufacturer of motor oil additive products arising from the labeling, advertising and sale of those products nationwide.

Financial Security Assurance Antitrust Actions

Representing Financial Security Assurance Inc. ("FSA") in a series of cases brought by various municipal bond issuers alleging that FSA and a number of other municipal bond insurer defendants illegally agreed and conspired to artificially inflate the prices of municipal bond insurance in violation of the antitrust laws.  Sacramento Municipal Utility District v. Ambac Financial Group, Inc. et al.; City of Los Angeles Dept. of Water & Power v. Ambac Financial Group, Inc. et al.; and City of Sacramento v. Ambac Financial Group, Inc., et al.

Flat Panel Antitrust Litigation

We represent Dell Inc. in a pending federal multidistrict antitrust litigation. Dell has accused several Japanese and South Korean LCD panel manufacturers of colluding to fix the world-wide prices of LCD screens. The case is scheduled for trial in the Fall of 2012.

Gypsum Antitrust Litigation

Served as co-counsel for the plaintiff wholesaler-dealer class of gypsum purchasers alleging price fixing. This case was filed in the Northern District of California.

In re Pacific Sea-Land Antitrust Litigation

Served as court-appointed (federal court) special master to oversee novel discovery disputes in predatory pricing action under the Sherman Act.

Inter-Continental Hotels Corporation v. California Hotel Acquisition Corporation, et al.

Represented Inter-Continental Hotels Corporation and Bass Hotels and Resorts in various actions pending in federal and state courts in Los Angeles as well as the Ninth Circuit, arising out of the termination of Inter-Continental's management agreement for the Hotel Inter-Continental Los Angeles.  The case involved breach of contract, tort and unfair competition claims.  We subsequently assisted Inter-Continental Hotels in transitioning management of the hotel to Omni Hotels.

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.

Marsann v. Brammall

Defense of an action alleging monopolization, conspiracy, predatory pricing and unfair trade practices in the steel roll straightening industry. This case was settled after an appeal to the Ninth Circuit on the issue of antitrust injury. This case was filed in the Northern District of California.

Pacific Sun Publishing Co., Inc. v The Chronicle

Represented the merged San Francisco Examiner and San Francisco Chronicle newspapers in an antitrust suit alleging that the merger violated the Newspaper Preservation Act of 1970. We succeeded in securing a defense verdict at trial.

Pan Pacific Cable Television v. Pacific Union

Served as defense counsel in this action in the Northern District of California alleging monopolization and unfair competition in the distribution of cable television services. Summary judgment was entered against all claims and plaintiff's counsel was ordered, pursuant to Rule11, to pay all attorneys' fees, costs and expenses for defense of plaintiff's frivolous claims.

Smith's Action Plastics v. GTE Corporation

Defended GTE Corporation in this state court antitrust action involving bidding rights for pipeline materials used in the transmission of telephone data.

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.

State of Hawaii v. BHP Properties

Defended BHP Properties in a horizontal price fixing case brought by the Hawaii attorney general against major oil companies. We obtained a favorable settlement.

T.V. Views, Inc. v. Salinas Newspapers, Inc.

Represented Gannett Co., Inc. and its subsidiary, Salinas Newspapers, Inc. in defending antitrust and unfair competition claims brought by a competitor.

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.