I represent clients in antitrust litigation, mergers, internal and government investigations, and advocate before the DOJ, FTC, international competition authorities and state officials. My experience includes M&A and JV transactions (analysis of potential issues, input on draft agreements, negotiation and diligence, HSR filings, voluntary submissions, and compliance with governmental requests), antitrust litigation, the FTC’s and relevant state authorities’ consumer protection efforts, IP licensing, compliance queries and training, supply/distribution arrangements, and criminal/cartel investigations. I also advise clients on supervisory and enforcement efforts of the Consumer Financial Protection Bureau (CFPB).
I help clients quantify and mitigate antitrust litigation risk in ordinary course of business activities, defend claims that are asserted in litigation or threatened litigation, and consider whether they have their own antitrust claims.
I have advised companies in the financial services, derivatives, telecommunications, pharmaceuticals, energy, foods, tobacco, information services, paper and packaging industries, among others.
I was one of eight HSR practitioners nationwide invited to consult with the FTC and DOJ on the most recent changes to HSR, including new “Item 4(d)” rules affecting all filers, “associate” rules designed to secure greater information from PE firms and oil & gas MLPs, and “Item 5” revisions requiring enhanced revenue reporting by foreign manufacturers.
Skills and Expertise: financial institution joint ventures; antitrust litigation, including litigation risk assessment; antitrust analysis of M&A transactions; filings (and exemptions) under the HSR Act, including HSR reportability of pharmaceutical, biologic and diagnostic IP licenses; internal investigations of potential misconduct; CFPB compliance and readiness; consumer protection issues, including green marketing; FTC “Red Flags Rules” and privacy initiatives.