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Antitrust

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. Read More
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. Read More
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. Read More
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. Read More
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.Read More
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.Read More
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.Read More
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. Read More
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. Read More
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. Read More
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. Read More

Elegent v. Dolby Laboratories

Defended Dolby Laboratories against antitrust and patent misuse claims relating to their licensing of the industry standard Dolby Digital audio compression for DVD video in a cutting-edge case involving the permissible scope of RAND licensing. Read More

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.Read More
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.Read More
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. Read More

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. Read More
In Re Napster, Inc. Copyright Litigation
Represented both Napster, Inc. and Musicnet in connection with the Napster litigation involving copyright and antitrust claims.   Read More
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. Read More
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.Read More
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. Read More
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. Read More

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. Read More
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. Read More
Military Restraints Antitrust Investigation
Represented client in Department of Justice Antitrust investigation regarding alleged kickbacks in government contracting for military restraint equipment. Read More
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. Read More
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. Read More
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). Read More
PostX v. Sigaba
Represented Sigaba in two separate patent infringement actions asserting that Sigaba's e-mail encryption technology infringed two of the plaintiff's patents. Obtained orders granting summary judgment of non-infringement on two separate patents prior to any claims construction hearings; these were affirmed by the Federal Circuit. Asserted antitrust counterclaims alleging that the plaintiff made bad faith infringement accusations in the marketplace under PREI. Read More
Sabre v. American Airlines
Represented Sabre Inc. in a court case and related arbitration over American Airlines' refusal to make all of its air fares available in the Sabre Computerized Reservation System. The case settled with an agreement that, among other things, provided Sabre with its desired access to American's web fares. Read More
Sabre v. ARC
Represented Sabre Inc. in claims against the Airlines Reporting Corporation for unauthorized use of data compiled by the Sabre Computerized Reservation System Read More
Sabre v. Northwest Airlines
Represented Sabre, the owner of the largest Global Distribution System in the world, in several cases against Northwest Airlines that were triggered by Northwest's announced $7.50 surcharge/fare increase imposed on tickets issued by travel agent's who use the Sabre GDS. Dueling suits were filed by Sabre in Texas and Northwest in Minnesota, alleging breach of contract. Northwest has added antitrust and related tort claims. We were successful in securing Sabre's chosen venue in Fort Worth, and Northwest's action was transferred and consolidated with Sabre's action there. We have also represented Sabre in a breach of contract/ unjust enrichment dispute over ownership of passenger reservation information, and in several major arbitrations Read More
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..Read More
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. Read More
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. Read More

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. Read More
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. Read More
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. Read More
U.S. v. Sun Woo Lee

Represented a high-level Korean national executive at Samsung in one of the first in a recent spate of prosecutions by the DOJ Antitrust Division for violation of the Sherman Antitrust Act, Section 1, through participation in alleged cartel conspiracy to fix prices for DRAM semiconductors sold in the United States. Read More

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 San Francisco Superior Court Judge Curtis Karnow’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. Read More
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. Read More