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Howard Mark Ullman

Antitrust and trade law Attorney at San Francisco, CA

5.0   2 reviews

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About Howard

Learn Howard’s areas of practice.

5
Practice areas
  1. Antitrust and trade law
    30%
    Competition and antitrust law; distribution law counseling; dealership and supply chain law; unfair competition law.

    27 years

  2. Litigation
    30%
    General commercial litigation, including business contract disputes, class action litigation, arbitration, appeals, and public utilities law.

    27 years

  3. Business
    10%

    27 years

  4. Class action
    10%

    27 years

  5. Intellectual property
    10%

    27 years

  6. Appeals
    5%
    Appellate work in state and federal courts, including state supreme court and the U.S. Supreme Court.

    27 years

  7. Consumer protection
    5%

    27 years

What do I do?  I help companies avoid or mitigate antitrust and competition law issues and risks, either in connection with intellectual property or otherwise.  I can help review or structure pricing and distribution policies; consult on franchise supply issues; advise on mergers, acquisitions, and joint ventures; or consult on IP license issues.  I can also work through issues involving cooperation with competitors, distribution structures and dealer restraints, as well as dealer terminations.  I also write and review antitrust compliance policies and conduct antitrust training seminars, and work with trade associations to ensure antitrust law compliance.

Additionally, I counsel on exclusive dealing; product tying; IP licensing; distributor or supplier terminations; price discrimination, resale price maintenance, minimum advertised price programs, and below-cost pricing; market concentration and market definition; the application of state unfair antitrust and competition laws; and other related issues.

I also litigate when problems are unavoidable and businesses face litigation in any of these or related areas, as well as in the areas of business torts and general commercial litigation.  In litigation,

* I represent clients (both defendants and corporate plaintiffs) in antitrust litigation. On the defense side, I have represented clients in private suits, class action litigation, class action opt-out litigation, and government actions.

* I routinely work on claims involving pricing, price fixing, below-cost pricing, information exchanges, monopolization, attempted monopolization, and unfair competition.

* I often work on cases at the intersection of antitrust and competition law and IP law — particularly on cases involving patents.

* I have worked on the responses to numerous government subpoenas (including grand jury subpoenas), civil investigative demands (“CIDs”), and Hart-Scott-Rodino (“HSR”) second requests.

* I work on cases at all levels of the judicial system, from trial courts to appellate courts.

My experience: I have over 15 years experience in commercial litigation and business counseling, focusing on antitrust, trade, and distribution law issues (including in the IP area), among others.  I previously served on the Executive Committee of the California Bar’s Antitrust and Unfair Competition Law Committee. I’ve also served on various other bar association committees, including at the American Bar Association. I clerked on the United States Court of Appeals. I am admitted to practice in California and Ohio, and before the Northern, Central, and Southern Districts of California, the Southern District of Ohio, and the D.C., Sixth and Ninth Circuits.

My blog is .

I graduated from Harvard Law School and the University of Chicago.

I’ve recently started a LinkedIn Group on Competition and Intellectual Property Law.  You can find it here.

Licensed for 30 years
State CA
Status Active
Acquired 2000
Updated 11/28/2022
State OH
Status Active
Acquired 1992
Updated 11/13/2022

We have not found any instances of professional misconduct for this lawyer.

Contact Howard

Orrick, Herrington & Sutcliffe LLP
405 Howard Street
San Francisco, CA, 94105

Reviews

5.0 / 5.0
  2 customer reviews
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Posted by Maria | May 21, 2019
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Well-Reasoned, Trustworthy, Creative Antitrust Counsel
We (in-house counsel and the business unit) loved working with Howard! He took the time to well understand our concerns and he presented arguments, anecdotal data and trends at each point along the risk continuum to help ensure that we made the best decision for our organization with the most robust information possible. Howard was extremely knowledgeable and responsive to our requests and needs, and provided superlative service during the entire process. We would definitely engage with him again and highly recommend him!
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Posted by anonymous | May 15, 2019
This review is from a person who hired this attorney.
| Hired Attorney
Guidance on competition law in the US for an industry coalition group
Howard was engaged by a coalition group to assist with a coalition agreement. He also met with the group to guide them on the key watch outs for the group's proposed activities in the US. It was like Howard could read our collective minds as to what the coalition group required. Extremely practical advice. Howard came across as a real expert on competition law. Howard was efficient, cost-effective and went the extra mile to travel to meet with the group in person at short notice.
Read less

Cost

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Contact for Details

Resume

AVVO RATING 10.0 (Superb)

Work Experience

  • Lecturer
  • University of Cincinnati
  • 1997 - 1998
  • Attorney
  • Taft, Stettinius & Hollister LLP
  • 1993 - 1999
  • Judicial Law Clerk
  • United States Court of Appeals
  • 1992 - 1993
  • Reporter-Researcher
  • The New Republic
  • 1989 - 1989
View all work experience

Education

  • Harvard University Law School
  • J.D.
  • 1992
  • Univ of Chicago
  • B.A.
  • 1989

Legal Cases

  • MiniFrame v. Microsoft
  • all claims dismissed by trial court; now on appeal
  • Andy's BP v. Quik Stop and Kroger
  • Kroger (client) awarded summary judgment
  • In re DRAM Antitrust Litigation
  • Ongoing
View all legal cases

Associations

  • Bar Association of San Francisco, Antitrust and Business Regulation Section
  • Executive Committee Member
  • 2016 - Present
  • University of Chicago Bay Area Alumni Club
  • Secretary
  • 2015 - Present
  • Association of Business Trial Lawyers (Northern California chapter)
  • Co-editor, ABTL Report; antitrust columnist
  • 2005 - Present
  • State Bar of California, Antitrust and Unfair Competition Section
  • Member, Executive Committee
  • 2005 - 2008
  • American Bar Association, Antitrust Law Section, Business Torts and Civil RICO Committee
  • Vice-Chair
  • 2004 - 2006
  • American Bar Association, Antitrust Law Section, Health Care and Pharmaceuticals Committee
  • Vice-Chair
  • 2004 - 2006
View all associations

Languages Spoken

  • Russian
  • English

Honors and Awards

  • Diploma
  • National Institute for Trial Advocacy
  • 1996
  • J.D., magna cum laude
  • Harvard Law School
  • 1992
  • Member, Editorial Board, Harvard Law Review
  • Harvard Law School
  • 1991

Publications

  • Daily Jorunal
  • State High Court Looks to Untangle Overlapping Statutes
  • 2013
  • Law360
  • A Modern Look at the 9 Patent Licensing 'No-Nos'
  • 2013
  • The Recorder
  • UCL Claims May See a Surge: Recent Decisions Have Lowered the Pleading Hurdle for Plaintiffs Alleging They Were Misled by Product Labeling
  • 2011
  • Competition
  • Credit Suisse: Supreme Court Limits Antitrust Claims Arising from Regulated Investment Banking Activity
  • 2007
  • Competition
  • The Trinko Case: Rise of a Restrictive Approach to Section 2 Analysis, and Fall of the Duty to Cooperate with Rivals
  • 2005
View all publications

Speaking Engagements

  • Webinar
  • Discounted Pricing Clauses
  • 2016
  • Webinar
  • Practical Aspects of Law Firm Conflicts of Interest: What Every In-House Lawyer Should Know
  • 2016
  • Webinar
  • Antitrust Issues in Intellectual Property Licensing Transactions
  • 2014
  • Webinar
  • Nine Patent Licensing No-Nos
  • 2013
  • Webinar
  • Tying Arrangements: Avoiding Antitrust Liability
  • 2012
  • State Bar of California
  • California's Cartwright Act: A Primer
  • 2004
View all speaking engagements

Attorney endorsements

Received (1)
Given (1)
Endorse Howard
Unknown Attorney | May 21
Relationship: Fellow lawyer in community
"Top-notch attorney. Highly respected in the legal community."