Key Matters

Antitrust

  • Provides counsel on Minimum Advertised Pricing (MAP) issues and retail price management to a wide range of clients and products, with domestic and international implications, including an e-commerce focus
  • Negotiated favorable result for a network of retirement communities in a state Attorney General antitrust investigation
  • Defended packaged seafood industry member in price fixing allegations and assisted in removal of cases to pending multi-district litigation forum with multiple class cases
  • Counseled international consumer and industrial products manufacturer and its subsidiaries on compliance efforts and sales practices, including company-wide policy revisions to internet sales policies and Minimum Advertised Pricing policy. Following policy revision, negotiated a partnership with a price monitoring firm for a cost effective and efficient short- and long-term solution allowing for consistent enforcement
  • Defended Japanese executives in multinational litigation relating to international price fixing allegations
  • Represented international automotive suppliers in alleged auto parts price fixing conspiracy in both criminal and civil multi-national proceedings
  • Counseled Ohio company selling motorcycle and ATV parts globally to review the minimum advertised pricing policies they are subject to, and to strategize how to comply and whether to stop selling certain brands in light of those policies, including analysis of foreign pricing laws

Class Action

  • Representing Japanese-based multi-national companies in multiple class actions regarding alleged price fixing of auto parts
  • Successfully obtained dismissal of class allegations against multi-national industrial client on class nuisance claims
  • Secured a complete defense verdict as part of a trial team for a major egg producer against allegations of price fixing and conspiracy to reduce the nation’s supply of eggs. With the class seeking more than $1 billion in damages, saved the client from a potential $3 billion trebled judgment.
  • Defended packaged seafood industry member in price fixing allegations and assisted in removal of cases to pending multi-district litigation forum with multiple class cases
  • Defended auto parts suppliers in multi-national litigation, including Canadian and Brazilian proceedings

E-Discovery

  • Assisted in substantive development of a review and production platform to customize software to client needs and for efficient integration of emerging technology
  • Trained and coordinated multi-year document review spanning four years of nationwide data
  • Navigated international collection and production protocols from Japanese companies, including production of transactional data
  • Developed protocols for use by joint defense group in order to share data across claims in different repositories without need to re-code data
  • Regularly develop protocols for use by joint defense groups in order to share data across claims in different repositories without need to re-code data
  • Negotiated detailed review and production protocols with the Department of Justice for multiple clients, and efficiently transitioned investigation productions into civil productions for use in follow-on actions
  • Litigated enforcement of e-discovery plan to optimize production and searchability of opposing party's data
  • Litigated ineffective legal hold on electronic information and obtained relief for regional bank in non-compete case
  • Developed non-traditional work flows to ensure consistency of privilege calls across several terabytes of data being reviewed by more than two dozen reviewers
  • Trained and managed a remote team for expedited FINRA e-discovery efforts, including follow-up consultation on data management to streamline future responses

Environmental law

  • Regularly counsels clients on EPCRA/CERCLA emergency reporting and follow-up compliance issues.
  • Successfully defended multinational company in nuisance class action claiming regulated, legal emissions were responsible for mass property damage
  • Defended coal-fired electric utility in lawsuit claiming health effects from emissions
  • Defended several electric utilities in enforcement actions brought by Department of Justice under New Source Review/Prevention of Significant Deterioration portions of Clean Air Act