Experience
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.
Rebar Fabricator and Installer Antitrust and Unfair Competition Litigation
Represent a fabricator and installer of rebar in an antitrust and unfair competition against the largest manufacturer and fabricator of rebar in the United States. The action in the Northern District of California alleges violations of the Sherman Act, the Cartwright Act, and California’s Unfair Competition Law and Unfair Business Practices Act in connection with an unlawful territorial restriction and predatory pricing.
Manufacturing Company Breach of Fiduciary Duty Litigation
Represented a Modesto-based manufacturing company in an action in Stanislaus County Superior Court against two former executives who had secretly paid themselves approximately $60 million in compensation in breach of their fiduciary obligations to the company. The case settled on the eve of trial following motions in limine.
Digital Couponing Technology Company Patent License Arbitration
Defended a leading Silicon Valley digital couponing technology company in a patent license arbitration brought by a competitor—backed by one of the world’s largest private equity firms—that was seeking tens of millions of dollars in unpaid royalties. Following three years of litigation and an evidentiary hearing lasting 25 days, the arbitrator sanctioned the competitor for more than it recovered in unpaid royalties.
Cryptocurrency Exchange Interpleader Action
Represented a cryptocurrency exchange in an interpleader action in the Northern District of California involving a dispute between a cryptocurrency company and its founders. The novel action resulted in the first known interpleader deposit of cryptocurrency with a federal district court.
