Business Litigation

Antitrust

Experience

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).

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.

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.