Business Litigation

Antitrust

Experience

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.

LCD Antitrust Investigation (individual representation)

In a price-fixing case against a Japanese national Hitachi executive related to its LCD products, Ms. Nall helped convince the DOJ that her client, initially considered a target of the investigation, was more appropriately a witness, and secured a complete victory with no prosecution.

UFCW & Employers Benefit Trust v. Sutter Health et al.

Representing UFCW & Employers Benefit Trust in a class action complaint against Sutter Health, alleging that Sutter engages in anticompetitive conduct in violation of the California Cartwright Act and the state Unfair Competition Law. In October 2015, the Court of Appeal for the First Appellate District affirmed the trial court's decision holding that Sutter Health could not compel a union’s benefits trust to arbitrate its putative class claim that the health system overcharged millions of workers. (2015) 241 Cal.App.4th 909.

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.

Chiron v. Hoffman-LaRoche

We represented Chiron Corporation (now Novartis) 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.

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.

Digital Instruments v. Topometrix

Represented Topometrix in defending claims of patent infringement and asserted Walker-Process antitrust counterclaims in litigation involving two of the leading manufacturers of atomic force microscopes.  We obtained a favorable settlement for our client.

Dolby Laboratories v. Smart Devices, Inc.

Represented Dolby in a suit for trademark infringement, unfair competition and false advertising to enforce Dolby’s intellectual property rights related to one of its latest sound innovations – SURROUND EX. The case was filed in the Central District of California and resulted in a favorable settlement for our client.

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 Napster, Inc. Copyright Litigation

Represented both Napster, Inc. and Musicnet in connection with the Napster litigation involving copyright and antitrust claims.  

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.

LCD Antitrust Investigation

Representing Japanese national in Department of Justice criminal investigation (Antitrust Division) regarding alleged price fixing in violation of the Sherman Act, Section 1.

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.

Microsoft Antitrust Litigation

One of our partners was appointed to be the Special Master for the consumer class action and competitor class action lawsuits filed against Microsoft for its alleged antitrust violations, including the use of technological developments to stifle competition. The consolidated case was pending in the District Court in Baltimore, Maryland.

Military Restraints Antitrust Investigation

Represented client in Department of Justice Antitrust investigation regarding alleged kickbacks in government contracting for military restraint equipment.

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.

Plywood Antitrust Litigation

Won a jury verdict for the plaintiff class in the amount of approximately $2 billion in a trial representing all purchasers of plywood in the U.S. and successfully defended the verdict on appeal in the Fifth Circuit arguing against Robert Bork. The case was ultimately settled for $168 million while pending before the U.S. Supreme Court. Reported at 655 F.2d 627 (5th Cir. 1981).

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..

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.

SRAM Antitrust Investigation (individual representation)

Successfully represented an executive with a U.S. semiconductor company, Cypress, in a DOJ Antitrust Division criminal investigation for alleged price-fixing in the SRAM industry violation of the Sherman Act, Section 1. Successful negotiations with the DOJ cleared the client, resulting in no prosecution.