Representative Cases
- In re Vitamin C Litigation: Lead counsel to the Ministry of Commerce of the People’s Republic of China (MOFCOM) in “historic” argument as amicus curiae in the U.S. Supreme Court and prior proceedings in the Second Circuit and district court in first ever U.S. antitrust litigation against PRC exporters to the United States. The Supreme Court in September 2022 denied certiorari letting stand the decision of the Second Circuit, which for the second time overturned a jury verdict and dismissed the case, effectively ending this 17-year long litigation. The case involved novel arguments about comity, the foreign sovereign compulsion doctrine and Act of State doctrine. China Business Law Journal recognized MOFCOM’s first victory at the Second Circuit in its 2016 Deal of the Year Awards.
- In Re Amazon.com, Inc. eBook Antitrust Litigation and Bookends & Beginnings v. Amazon.com: Lead counsel for Macmillan Publishers in obtaining dismissal on the pleadings of two related cases, one alleging price-fixing among the “Big 5” eBook publishers and Amazon.com and another alleging a price-fixing conspiracy to collectively violate the Robinson-Patman Act among the same defendants but with respect to physical books. The cases were dismissed by Judge Gregory Woods in September 2002 and again after repleading in 2024.
- United States v. Apple: Lead counsel for Macmillan in defense of alleged price fixing allegations brought before Judge Denise Cote in parallel actions by the United States Department of Justice, 35 State Attorneys General as parens patriae, and a private class action by consumers in the remaining 15 states. Settled on the eve of trial for a briefer injunctive relief period than any other settling defendant and minimal damages while Apple was ultimately subject to more than $100 million in damages and substantial injunctive relief. Recipient of the Global Competition Review (GCR) ‘‘Behavioral Matter of the Year, American’’ award for client representation in the DOJ eBooks investigation.
- Credit Suisse v. Billing (In re IPO Antitrust Litigation): Lead counsel for Deutsche Bank Securities Inc. before the United States Supreme Court (and below in the Southern District of New York and the Court of Appeals for the Second Circuit) in landmark ‘‘implied immunity’’ doctrine ruling dismissing a class action price fixing challenge for certain investment banking industry practices in connection with the issuance of initial public offerings of stock.
- In the matter of Hertz Global Holdings, Inc., represented Macquarie Capital (USA) in its acquisition, with partner FSNA, of Advantage Rent A Car from Hertz.
- In the matter of AngioDynamics, Inc., represented AngioDynamics in the $167.5 million sale of its NAMIC® fluid management portfolio to Medline Industries, Inc.
- In the matter of Inteva Products, represented Inteva Products in the sale of its roof systems design and assembly business to CIE Automotive.
- In the matter of Corindus Vascular Robotics, represented Corindus Vascular Robotics in its $1.1 billion acquisition by Siemens Healthineers AG.