Representative Matters as Lead Counsel: 2001-2023

• Affinia Group and its affiliate Wix Filtration in a multidistrict price fixing class actions in the U.S. and Canada, as well as in transactional matters.
• Checkpoint Systems in vacating an $80 million adverse antitrust jury verdict procured by a rival and in defending that outcome on appeal to the third circuit.
• Confidential Chinese and Japanese clients in connection with U.S. antitrust matters, criminal and civil.
• Dana Corporation in a variety of matters, including: (1) its successful antitrust defense to the hostile cash tender offer mounted by ArvinMeritor; (2) a series of veil piercing and contract litigations arising out of the company’s ownership of a long-defunct producer of asbestos products; (3) the successful defense of a RICO class action case; and a variety of acquisitions and joint ventures.
• Harris Holdings plc in litigation brought against it and affiliates by the FTC and certain States.
• Hexcel in its defense of a large contract claim by Hercules in the New York Supreme Court and in its pursuit of a price fixing claim against BP in California federal court, among other matters, including in connection with several mergers and acquisitions.
• Independence Blue Cross in connection with an ongoing multidistrict class action pending in Birmingham, Alabama; in its defense of a claim for monopolization and monopolization brought by a local hospital; and in connection with several transactional matters and advisory matters.
• Louisiana Health Services Inc. in the defense and mediated settlement of a claim under Section 2 of the Sherman Act brought by a consortium of HCA-owned hospitals in Louisiana.
• Medco in connection with a confidential class arbitration matter as well as other matters.
• Merck in connection with the defense of antitrust claims made against it by plaintiffs claiming to have been injured by the company’s assertion of legitimate patent rights and in related counseling matters.
• Rockwell Automation in a cluster of nine (9) very substantial and interrelated patent/antitrust cases in Illinois and Wisconsin.
• Rockwell Collins in connection with the defense of a monopolization claim brought against it by an avionics rival and defending the favorable judgment in the federal court of appeals.
• Rockwell International in its successful and controversial opposition to the combination of GE and Honeywell before the European Commission, as well as in several merger/acquisition matters.
• Quantum in connection with complex private litigations and class actions against it arising out of certain IP licensing programs as well as in its acquisition of Certance and others.
• Shintech Incorporated and its Japanese shareholder Shin-Etsu Chemical Co. in an ongoing private treble damage class-action cartel proceeding pending in Buffalo New York Ltd. the shareholder Shin-Etsu has been dismissed from the case for want of personal jurisdiction after extensive briefing and a considerable amount of jurisdictional discovery.
• Tomkins plc in a cartel proceeding in Europe and associated successful appeals to the General Court and the European Court of Justice and in the defense of a price discrimination case in federal court in New York brought by nearly one hundred plaintiffs.

Representative Matters as Lead Counsel: 1991-2000

• Ameristeel, Cargill and some nineteen other steel companies in the prosecution and settlement of a treble damage price fixing case brought against the members of a worldwide cartel of graphite electrode producers, achieving settlements in the area of two hundred million dollars.
• Dana Corporation in several litigated matters, including: (1) a substantial veil piercing case brought by the creditors of an insolvent captive reinsurance subsidiary; (2) the successful pursuit of a RICO and contract claim against a health insurance company; and (3) multiple litigations involving the alleged liability of Dana (as shareholder) to building owners and certain individuals arising out of the production and sale of asbestos products by a long-defunct and dissolved former subsidiary of the company.
• Gates Corporation in its defense of antitrust counterclaims brought by Bando in response to a suit for patent infringement.
• Rockwell International in many litigated matters including: (1) a veil piercing case brought by the creditors of the company’s captive Bermudian reinsurance subsidiary; (2) a successful patent misuse defense against Motorola’s multi-billion dollar patent claims, and (3) antitrust litigation under the Cartwright Act.
• Prudential Reinsurance Co. in Hartford Fire Ins. Co. v. California, 509 U.S. 764 (1993), the leading case dealing with the limitations of the boycott exception to the insurance immunity provided under the McCarran-Ferguson Act as well as the extraterritorial reach of the Sherman Act. Acted as lead counsel in the district court and the Ninth Circuit Court of Appeals as well.
• Uniroyal-Goodrich Tire Co. in private antitrust litigation as well as in various transactions, including the sale of the enterprise to Michelin. 

Representative Matters as Lead/Trial Counsel: 1973-1990

• Black & Decker in the successful litigated defense of the DOJ challenge to the company’s acquisition of McCulloch, and in a variety of other matters.
• Canadian Chamber of Commerce and Canadian Manufacturers’ Association as amici curiae in the Supreme Court in Copperweld v. Independence Tube Corporation, 467 U.S. 752 (1984).
• Caterpillar in Merican, Inc. v. Caterpillar Tractor Co. (1983) (a leading third circuit case on the standing of certain indirect purchasers to sue indirect suppliers for damages under the Sherman Act) and in a number of dealer termination proceedings.
• Crompton Corporation (and its predecessor Uniroyal Chemical Company) in connection with various counseling and transactional matters.
• Dana Corporation in a wide variety of litigated matters, government investigations and transactions.
• Distilled Spirits Council of the U.S. (DISCUS) in Louisiana litigation brought against an entire industry by Schwegmann Bros. Giant Super Markets (as to DISCUS, the court found the council’s attempts to influence public officials exempt from antitrust laws under the Noerr-Pennington doctrine).
• McCulloch Corporation in California antitrust litigation brought under federal and state antitrust statutes.
• Monroe Auto Equipment Company in the fully litigated merger litigation instituted by the FTC against Monroe and the purchaser of its shares, Tenneco, Inc.
• Uniroyal, Inc. in various litigations and also in connection with transactional matters.
• Special trial counsel for The U.S. Comptroller of the Currency in the successful defense of a fully litigated bank merger approved by the Comptroller and opposed by the Department of Justice.