Notable Matters

We represent LG Electronics against a coordinated MDL federal antitrust proceeding, encompassing over 30 nationwide class actions, that alleges a global price-fixing conspiracy in the market for optical disk drives and claims potential overcharges in excess of $1 billion.
We routinely represent Comcast in antitrust litigation throughout the country, including:
- Successfully obtaining the dismissal of two separate federal antitrust suits brought by purported “independent” cable programmers seeking to compel carriage by Comcast
- Acting as lead counsel in a suit purportedly brought on behalf of all U.S. cable television subscribers challenging the practice of distributing television channels to consumers in “bundled tiers” as opposed to on an “a la carte” basis
- Representing Comcast in over 20 putative federal class actions alleging Comcast “ties” the leasing of cable set-top boxes to the provision of premium cable services in violation of federal antitrust law and various state laws
We have successfully defended AstraZeneca in several antitrust litigations, including:
- A multidistrict antitrust class action lawsuit challenging the settlement of a patent lawsuit regarding the cancer drug Tamoxifen; the district court dismissed the case, the Second Circuit affirmed, and the U.S. Supreme Court denied certiorari
- An antitrust case brought by “secondary wholesaler” RxUSA in the U.S. District Court for the Eastern District of New York asserting various federal and state antitrust claims
We are lead counsel for T-Mobile in defending against approximately 40 federal antitrust class actions in 19 states alleging that the four largest U.S. wireless service carriers (T-Mobile, AT&T, Sprint and Verizon) fixed text-messaging rates. The plaintiffs seek to represent a class of tens of millions of U.S. consumers and are attempting to recover hundreds of millions of dollars in damages. There is a related U.S. Senate investigation, which we are also handling.
We successfully represented Roche in a case before the U.S. Supreme Court concerning the extraterritorial reach of U.S. antitrust laws, in which the Court voted 8-0 in favor of our client. The Court ruled that the federal antitrust laws do not reach anticompetitive conduct where the complained-of injuries occurred outside the United States and wholly independent of the alleged injury to U.S. commerce.
We have represented Morgan Stanley, and acted as liaison counsel for the joint defense group, in its major antitrust litigations, including:
- Successfully arguing a Second Circuit appeal of an action brought against all of the major prime brokers in the U.S. alleging a section 1 Sherman Act antitrust claim with respect to “naked short selling”
- Obtaining the dismissal of antitrust class actions in the Southern District of New York that challenged the underwriting spreads for initial public offerings
We were chosen by Panasonic, SanDisk and Toshiba to defend their joint venture, SD-3C, against antitrust claims filed recently by Samsung. The case claims that the creation of the SD Card Flash Memory standard and related patent pool activities have harmed consumers and violated the U.S. antitrust laws.
We defended Erickson Air-Crane in federal court in the District of Oregon against antitrust claims brought by a competitor claiming monopolization in the alleged market for heavy lift helicopter services.