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AT&T

Antitrust class action for AT&T
Defended AT&T in an antitrust class action against allegations that it and other wireless carriers colluded, in violation of the antitrust laws, more
Covad Communications v. BellSouth Corporation (antitrust litigation in Atlanta federal district court)
Served as lead in-house counsel representing BellSouth in this significant antitrust case, which raised issues under essential facilities doctrine

 more Featured

AT&T (fka BellSouth)

Bell Atlantic Corporation, et al. v. Twombly, et al. *
Served as in-house counsel for a regional telecommunications company regarding significant antitrust case alleging conspiracy among Regional Bell

 more

Bi-Lo LLC

Acquisition of grocery stores in 363 bankruptcy sale
Representation of Bi-Lo LLC and Southern Family Markets in acquiring grocery stores from Winn-Dixie in a 363 bankruptcy sale. Transaction valued in more

Blue Cross and Blue Shield of North Carolina & Blue Cross and Blue Shield Association

Kelli R. Cerven, Keith O. Cerven, Teresa M. Cerven, CFW Vending LLC, and SHGI Corporation v. Blue Cross and Blue Shield of North Carolina and Blue Cross and Blue Shield Association
Represent BCBSNC in the United States District Court for the Western District of North Carolina. Three individuals and two businesses contend, more

Campbell Industries

Southwest Marine Inc. v. Campbell Industries *
Represented Campbell Industries following trial where a federal jury returned its verdict that the defendant had violated the antitrust laws by more

Clipper Exxpress Company

Clipper Exxpress Company v. RMMTB *
Represented Clipper Exxpress Company, a freight transportation services company, in an antitrust litigation against 15 nationwide rival carriers. In more

Confidential

International Manufacturing and Engineering Services Company, Ltd. v. Semiconductor Energy Laboratory Company, Ltd. *
Represented defendant Semiconductor Energy Laboratory (SEL) in unfair competition and injurious falsehood case in D. District of Columbia (2006) more
Chinese Hospital v. Brown & Toland Medical Group
Represented Chinese Hospital in action against major physicians network alleging market abuse. (SF Sup. Ct.). more
GO Computer Inc. v. Microsoft Corp.
Representing GO Computer, Inc. in antitrust action alleging exclusionary practices. (SF Sup. Ct.). more
Unit Process Co. v. Tyco Flow Control
Represented Tyco Flow Control in defense of state and federal exclusive dealing, tying, monopoly, trade libel and franchise law claims brought by more
The In’Porters S.A. v. Hanes Printables Inc.
Defense counsel for T shirt screen printer in anti-trust, unfair completion and breach of contract action. Anti-trust and unfair competition claims more
United States of America v. Pepsi-Cola Bottling Co.
Defense counsel for accused company and its principal in a criminal price-fixing action. Jury verdict for Defendants of not guilty. United States  more
Fisherman's Wharf Bay Cruise Corporation v. Blue & Gold Fleet
Represented plaintiff in predatory pricing, tying, price and services discrimination claims against rival provider of San Francisco Bay Cruises. more
Cytec antitrust litigation
Represented global chemical products company in multi-million dollar antitrust and unfair competition lawsuits against a number of the client's more

Connell Rice and Sugar Co.

Amarel v. Connell Rice and Sugar Co. *
Defended Connell Rice and Sugar Co., the largest rice exporter in the United States, in a nine-week jury trial of antitrust claims brought against more

Consumers of the State of California

Lingo et al. v. Microsoft
Served as lead counsel for plaintiffs in a class action lawsuit instituted against Microsoft under California's antitrust statutes. The lawsuit, more

Department of Justice

United States v. General Electric Co.
Represented the United States in this antitrust complaint against General Electric (GE), alleging that GE violated the Sherman Act by forcing more

Equifax Inc.

Strategic acquisition for Equifax, Inc.
Represented Equifax, Inc., one of the United States' largest credit reporting agencies, in its $1.4 billion acquisition of publicly held TALX more
In the Matter of TALX Corporation
Represented TALX Corp. in connection with an antitrust enforcement action brought by the Federal Trade Commission (FTC) challenging a series of more Featured

Ernest W. Hahn Inc.

Ernest W. Hahn Inc. v. Codding Enterprises *
Represented Ernest W. Hahn Inc. (Hahn), a nationally recognized developer of regional shopping centers, in an antitrust case against a competitor for  more

Fidelity National Information Services Inc.

Antitrust analysis for Fidelity National Information Services, Inc. (fka Certegy Inc.)
Represented Fidelity National Information Services, Inc. (fka Certegy Inc.), a major credit card and check verification company, in connection with more

International Playtex

JBL Enterprises Inc. v. Jhirmack Enterprises Inc. *
Defended International Playtex against antitrust litigation. After our client acquired Jhirmack (the California shampoo company), which had more

LMP Corporation

LMP Corporation v. Universal Manufacturing Corporation
Represented plaintiffs who were inventors of a patented energy saving electronic ballast technology which defendant licensed from plaintiffs, then more

Mt. Hood Stages Inc.

Mt. Hood Stages Inc. v. Greyhound Corp. *
Represented Mt. Hood Stages Inc. (Mt. Hood) in an antitrust trial against Greyhound for monopolizing the passenger bus market in the Western United more

Multiple Representative Clients

Government antitrust for nine states *
Represented nine states and the District of Columbia in a remedy phase of government antitrust action against an international software company. more
Complex business litigation for two housing construction companies
Represented retailer and manufacturer of manufactured homes in case where the plaintiff alleged fraud, unfair and deceptive trade practices, more
The Manufacturers Life Insurance Company et al. v. Superior Court
Represented three life insurance brokers who provided consulting services to the personal injury plaintiffs’ bar in connection with the sale of more

North Coast Export Cooperative

Daishowa International v. North Coast Export Cooperative *
Reversed client’s role from accused defendant to successful plaintiff. Just 90 days before trial, defendant North Coast Export Cooperative (North more

R. Dakin Inc.

Determined Productions Inc. v. R. Dakin Inc. *
Represented R. Dakin Inc. (Dakin) in litigation that commenced with Dakin as the defendant but concluded with Dakin as the successful plaintiff. more

Red & White Fleet

Fisherman’s Wharf Bay Cruise Corporation dba "Red and White Fleet" v. Blue and Gold Fleet, Inc. et al.
Prosecute antitrust and unfair competition claims on behalf of maritime operator against its primary competitor, concluding with a successful more

Representative Client

Representation of directors and officers in DOJ investigation
Defended directors and officers against U.S. Department of Justice investigation for criminal antitrust violations. more
Represented client in the DOJ’s largest antitrust investigation
Represented a former broker during the DOJ’s largest antitrust investigation and convinced the DOJ to use the client as a cooperating witnesses as more
Antitrust review of merger between pharmaceutical companies
Represented a pharmaceutical company before FTC regarding antitrust review of merger with another pharmaceutical company and negotiation of consent more Featured
Counsel to trade association
The firm served as general counsel and antitrust counsel to trade association. more
Dispute arbitration counsel to an international mining company following successful dismissal of complaint
Successfully represented an international mining company in seeking dismissal of complaint filed in U.S. District Court resulting in a required more
Antitrust class action for a regional telecommunications company *
Served as in-house counsel for regional telecommunications company regarding antitrust class action. Won on motion to dismiss. more
Writ of Prohibition defense for a health care plan
Represented a health insurer's health care plan in defending against a Writ of Prohibition relating to Pennsylvania Unfair Insurance Practices Act. more
Antitrust and business tort litigation for a large maker of electronic test, measurement and monitoring equipment
Successfully represented a large maker of electronic test, measurement and monitoring equipment in an antitrust and business tort action in the more Featured
Fraud litigation for a world-renowned luxury goods manufacturer
Represent a world-renowned luxury goods manufacturer in antitrust litigation. Case pending. more Featured
Federal grand jury investigation of a former executive
Represented a former executive of an oil field services company being investigated by the Department of Justice, Antitrust Division, in a federal more Featured
Antitrust and trade regulation for manufacturing company *
Represented manufacturing company in antitrust claim for unlawful asset acquisition and attempted monopolization in medical device industry. more
Litigation for a Georgia healthcare company
Represented a Georgia healthcare company in obtaining summary judgment on behalf of the hospital dismissing antitrust claims of a perinatologist who more Featured
Represented computer graphics design company against assertion of antitrust violations
Successfully represented a computer graphics design company against a national mainframe computer supplier asserting antitrust violations. more
Antitrust counterclaim for a medical device company *
Represented a medical device company in an antitrust counterclaim to a patent suit. more
Antitrust monopoly litigation for a regional telecommunications company *
Served as in-house counsel for a regional telecommunications company regarding antitrust monopoly case. Won on motion to dismiss. more
Antitrust case for a regional telecommunications company regarding alleging monopolization *
Served as in-house counsel for regional telecommunications company regarding antitrust monopoly case won on motion to dismiss. more
Antitrust counseling to actuarial firms' captive insurance company
The firm has served for many years as antitrust counsel to a captive insurance company comprised of three competitor members. more Featured
Sherman Act conspiracy and monopoly claims against obstetrical staff of a major regional hospital
Represented the obstetrical staff of a major regional hospital in resisting Sherman Act conspiracy and monopoly claims made by a group of licensed more
Defense of furniture manufacturer against antitrust violations *
Represented a furniture manufacturer against allegations of antitrust violations by a discount distributor. more
Antitrust case for a regional telecommunications company regarding alleging monopolization *
Served as in-house counsel for regional telecommunications company regarding antitrust case alleging monopolization of telecommunication market. Vast  more
Regulatory action defense for a global leader in information solutions
Represented a global leader in information solutions and its subsidiary in connection with an Federal Trade Commission investigation into possible more Featured
Restaurant franchisor antitrust action
Represented a restaurant franchisor in defending against antitrust action alleging, among other things, vertical price fixing and Robinson-Patman Act  more
Fraudulent marketing claims of one of the nation's largest fast food franchisors
Successfully represented one of the nation's largest fast food franchisors and its franchisees in an investigation of claims associated with a more
Counsel to an airline's board of directors for evaluating liability and federal investigation
Represented the board of directors for a top rated airline and assisted it in evaluating liability and damages to decide whether to cooperate with a more
Negotiation with Federal Trade Commission for publicly-traded, consumer retail company
Successfully represented a publicly-traded, consumer retail company by persuading the Federal Trade Commission not to bring a case which would have more Featured
Antitrust litigation for major Atlanta-based hospital
Represented major Atlanta hospital against another major Atlanta hospital in restraint of trade litigation. After substantial discovery and court’s more

Reynolds American Inc.

Prosecution of an antitrust action for Reynolds American Inc.
Represented Reynolds American Inc. in the Middle District of North Carolina in the prosecution of an antitrust action challenging Philip Morris' more

Seoul Semiconductor Co.

Seoul Semiconductor Co. Ltd. v. Nichia Corp.
Represented Seoul Semiconductor Co., a display components company, in an antitrust case, alleging several baseless lawsuits brought by  more

Servidyne Inc.

D&O coverage for the costs of responding to a grand jury investigative subpoena
After our client entered into an “amnesty” agreement with the Justice Department that obligated our client and its directors and officers to more

St. Luke's Hospital

St. Luke’s Hospital v. California Pacific Medical Center
Represented St. Luke’s in a state court action under the Cartwright Act (Bus. & Prof. Code §16720) and the Unfair Competition Act (Bus. & more

State of California’s Department of Food and Agriculture

State of California Dept. of Food & Agric. v. Bronco Winery Inc. *
Represented the Secretary of the California’s Department of Food and Agriculture in a six-month trial of a complaint instituted by the State of more

Tandy Corporation

GRiD Systems Corp. v. Texas Instruments Inc.
Represented Tandy Corporation (Radio Shack) in this patent/antitrust case against Texas Instruments (TI). Tandy Corporation (Tandy) alleged that TI more

Theme Promotions Inc. dba Theme Co-Op Promotions

Theme Promotions Inc. dba Theme Co-Op Promotions vs. News America Marketing FSI Inc.
Succeeded in winning a jury verdict for a small San Francisco marketing firm against a subsidiary of the $55-billion News Corporation empire, more

Triple A (Service Engineering Co.)

Service Engineering Co. v. Southwest Marine Inc. *
Represented Triple A in litigation against major ship repair competitor, Southwest Marine (Southwest). Southwest began the fray by suing Triple A for  more

U.S. Department of Justice

U.S. v. Fremont Bank *
Conducted investigation and brought case on behalf of the U.S. Department of Justice. more
U.S. v. California Automated Clearing House Association *
Supervised investigation and case on behalf of the U.S. Department of Justice. more
U.S. v. First National State Bancorporation *
Conducted investigation and participated in litigation on behalf of the U.S. Department of Justice.

United States v. First Nat'l more
United States v. Household Finance Corp. *
Tried case on behalf of the U.S. Department of Justice.

United States v. Household Finance Corp. more
United States v. Society and Ameritrust *
Supervised investigation and case on behalf of the U.S. Department of Justice.

United States v. Society and Ameritrust more
United States v. Primestar, Inc. *
Supervised litigation and case on behalf of the U.S. Department of Justice. more
United States v. Gen. Motors Corp. and ZF Friedrichshofen, AG *
Supervised investigation and case on behalf of the U.S. Department of Justice.

United States v. Gen. Motors Corp. and ZF more
U.S. v. Baroid and Dresser *
Supervised investigation and case on behalf of the U.S. Department of Justice. more
United States v. Interstate Bakeries Corporation and Continental Baking Company *
Supervised investigation and case on behalf of the U.S. Department of Justice.
 more
U.S. v. US West *
Supervised investigation and case on behalf of the U.S. Department of Justice. more
U.S. v. Lockheed Martin Corporation and Northrop Grumman Corporation *
Supervised investigation and case on behalf the U.S. Department of Justice. more
United States. v. Lockheed Martin Corp. and Northrop Grumman Corp. *
Supervised investigation and case on behalf of the U.S. Department of Justice.

United States v. Lockheed Martin Corp. and Northrop more
United States v. Philadelphia Saving Fund Society *
Conducted investigation on behalf of the U.S. Department of Justice.
 
United States v. Philadelphia Saving Fund Society more
U.S. v. Suiza Foods and Broughton Foods *
Supervised investigation and case on behalf the U.S. Department of Justice.
 more
United States v. Smith Int'l and Schlumberger Ltd. *
Supervised investigation, case and trial on behalf of the U.S. Department of Justice in a case involving contempt of a merger decree.

United States v. Smith Int'l and Schlumberger Ltd. more
United States v. United Tote *
Supervised investigation, case and trial on behalf of the U.S. Department of Justice.

United States v. United Tote more
U.S. v. Georgia-Pacific Corporation and Fort James Corporation *
Supervised investigation and case on behalf of the U.S. Department of Justice.
 more
Pacific Division Transfer Case (United Airlines’ acquisition of Pan Am’s Pacific Division) *
Tried case on behalf of U.S. Department of Justice involving Pacific Division Transfer Case (United Airlines’ acquisition of Pan Am’s Pacific more
U.S. v. General Electric and Honeywell *
Supervised investigation and case on behalf of the U.S. Department of Justice and a senior official who decided to bring the case. more
U.S. v. General Dynamics and Newport News Shipbuilding *
Supervised investigation and case on behalf of the U.S. Department of Justice. more
U.S. v. SBC Communications and BellSouth Corporation *
Supervised investigation and case on behalf of the U.S. Department of Justice.

 more
United States v. The Mathworks *
Supervised investigation and case on behalf of the U.S. Department of Justice involving Sherman Act § 1, allocation of markets.

United more
U.S. v. Echostar Communications, Hughes Electric Corp., General Motors Corp., and DirecTV Enterprises *
Supervised investigation and case for the U.S. Department of Justice. more
U.S. v. Mountain Health Care *
Supervised investigation and case on behalf the U.S. Department of Justice against Mountain Health Care. Internal investigation related to grand jury  more
United States v. Village Voice and Media and NT Media *
Supervised investigation and case on behalf of the U.S. Department of Justice involving the Sherman Act § 1; swap of assets.  Case pending. more
United States v. Aluminum Co. of Am. and Reynolds Metal Co. *
Supervised investigation and case on behalf of the U.S. Department of Justice.

United States v. Aluminum Co. of Am. and Reynolds more
United States v. UPM-Kymmenei, Oyi, Reflectac, Bemis and Morgan *
Supervised investigation and case on behalf of the U.S. Department of Justice. more

Zodiac Marine & Pool

Acquisition by Zodiac Marine & Pool
Represented Zodiac Marine & Pool in its $327 million acquisition of Polaris Pool Holdings Corporation from private equity fund Quad-C Management. more

*Experience gained by attorney prior to joining Kilpatrick Townsend

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Antitrust & Trade Regulation

Experience Highlights

Regulatory action defense for a global leader in information solutions
Represented a global leader in information solutions and its subsidiary in connection with an Federal Trade Commission investigation into possible more
Federal grand jury investigation of a former executive
Represented a former executive of an oil field services company being investigated by the Department of Justice, Antitrust Division, in a federal more
Antitrust review of merger between pharmaceutical companies
Represented a pharmaceutical company before FTC regarding antitrust review of merger with another pharmaceutical company and negotiation of consent more
Fraud litigation for a world-renowned luxury goods manufacturer
Represent a world-renowned luxury goods manufacturer in antitrust litigation. Case pending. more

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