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 www.mydistributionlaw.com.
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.
|Award name||Grantor||Date granted|
|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|
|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|
|Association name||Position name||Duration|
|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|
|Law360||2nd Circ. FTAIA Ruling: Some Clarity, Some Unresolved Issues||2014|
|Today's General Counsel||Below-Cost Pricing Law in California||2013|
|Daily Jorunal||State High Court Looks to Untangle Overlapping Statutes||2013|
|Law360||A Modern Look at the 9 Patent Licensing 'No-Nos'||2013|
|Law360||Appellate Court Ruling Increases Risk of U.S. Antitrust Litigation for Foreign Companies||2011|
|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|
|Harvard University Law School||J.D.||1992|
|Univ of Chicago||B.A.||1989|
|Webinar||Practical Aspects of Law Firm Conflicts of Interest: What Every In-House Lawyer Should Know||2016|
|Webinar||Discounted Pricing Clauses||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|
|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|
|Lockyer v. PG&E Corporation||Dismissed|
|Zuver v. AirTouch Communications||Affirmed|
Posted by Maria
Tue May 21 2019
Posted by anonymous
Wed May 15 2019