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About me

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.

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Languages spoken: Russian, English

Practice areas

Licensed

  1. Litigation: 30%
    20 years
  2. Antitrust: 30%
    20 years
  3. Intellectual Property: 10%
    20 years
  4. Class Action: 10%
    20 years
  5. Other: 20%
  6. More 

Payment

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Contact info

Orrick, Herrington & Sutcliffe LLP

405 Howard Street
San Francisco, CA, 94105

Resume

License
StateStatusAcquiredUpdated
CAActive200005/23/2016
OHActive199205/15/2016
We have not found any instances of professional misconduct for this lawyer.
Avvo contributions
Legal answers
Awards
Award nameGrantorDate granted
DiplomaNational Institute for Trial Advocacy1996
J.D., magna cum laudeHarvard Law School1992
Member, Editorial Board, Harvard Law ReviewHarvard Law School1991
Work experience
TitleCompany nameDuration
LecturerUniversity of Cincinnati1997 - 1998
AttorneyTaft, Stettinius & Hollister LLP1993 - 1999
Judicial Law ClerkUnited States Court of Appeals1992 - 1993
Reporter-ResearcherThe New Republic1989 - 1989
Associations
Association namePosition nameDuration
Bar Association of San Francisco, Antitrust and Business Regulation SectionExecutive Committee Member2016 - Present
University of Chicago Bay Area Alumni ClubSecretary2015 - Present
Association of Business Trial Lawyers (Northern California chapter)Co-editor, ABTL Report; antitrust columnist2005 - Present
State Bar of California, Antitrust and Unfair Competition SectionMember, Executive Committee2005 - 2008
American Bar Association, Antitrust Law Section, Business Torts and Civil RICO CommitteeVice-Chair2004 - 2006
American Bar Association, Antitrust Law Section, Health Care and Pharmaceuticals CommitteeVice-Chair2004 - 2006
Legal cases
Case nameOutcome
In re DRAM Antitrust LitigationOngoing
Lockyer v. PG&E CorporationDismissed
Zuver v. AirTouch CommunicationsAffirmed
See all legal cases 
Publications
Publication nameTitleDate
Law3602nd Circ. FTAIA Ruling: Some Clarity, Some Unresolved Issues2014
Today's General CounselBelow-Cost Pricing Law in California2013
Daily JorunalState High Court Looks to Untangle Overlapping Statutes2013
Law360A Modern Look at the 9 Patent Licensing 'No-Nos'2013
Law360Appellate Court Ruling Increases Risk of U.S. Antitrust Litigation for Foreign Companies2011
The RecorderUCL Claims May See a Surge: Recent Decisions Have Lowered the Pleading Hurdle for Plaintiffs Alleging They Were Misled by Product Labeling2011
CompetitionCredit Suisse: Supreme Court Limits Antitrust Claims Arising from Regulated Investment Banking Activity2007
CompetitionThe Trinko Case: Rise of a Restrictive Approach to Section 2 Analysis, and Fall of the Duty to Cooperate with Rivals2005
Education
School nameMajorDegreeGraduated
Harvard University Law SchoolN/AJD - Juris Doctor1992
University of ChicagoN/ABA - Bachelor of Arts1989
Speaking engagements
Conference nameTitleDate
WebinarPractical Aspects of Law Firm Conflicts of Interest: What Every In-House Lawyer Should Know2016
WebinarDiscounted Pricing Clauses2016
WebinarAntitrust Issues in Intellectual Property Licensing Transactions2014
WebinarNine Patent Licensing No-Nos2013
WebinarTying Arrangements: Avoiding Antitrust Liability2012
State Bar of CaliforniaCalifornia's Cartwright Act: A Primer2004