Proskauer

Representative Litigation Experience:

• Representation of Sandoz Inc. in In re Generic Pharmaceuticals, one of the largest-ever antitrust class actions, currently pending as multi-district litigation brought by state attorneys general, direct action plaintiffs, and putative classes of direct, intermediate, and end purchaser plaintiffs
• Representation of Continental Resources, one of the largest independent shale oil producers, in In re Shale Oil, a case alleging price-fixing and supply reduction by 8 major U.S. oil producers
• Representation of a top-ranked university in the non-custodial-parent financial aid antitrust case
• Defense of Butterball in federal class actions by direct and indirect purchasers alleging the major turkey producers engaged in an unlawful supply control conspiracy
• Representation of Wayne Farms in a federal antitrust litigation (Wages) alleging the major chicken and turkey producers conspired to fix employee wages for poultry plant personnel
• Obtained a complete defense verdict in favor of Sanderson Farms following a six-week jury trial, defeating $7 billion in damages claims that would have been tripled by statute to $21 billion
• Prevailed at summary judgment on behalf of Wayne Farms against the Direct Purchaser, Commercial and Institutional, and End-User Class Action Plaintiffs in the In re Broiler Chicken case, alleging industry-wide price-fixing and supply reduction
• Prevailed at summary judgement, including multiple rounds of oral argument, on behalf of all 21 defendants in In re Broiler Chicken, to achieve dismissal of all class action plaintiffs’ claims based on the Georgia Dock price index
• Successfully defended Weyerhaeuser in an antitrust litigation alleging a price-fixing and price gouging conspiracy among the ten largest lumber producers in North America
• Defended Fundry, one of the leading small business cash advance providers, in an action brought by the Federal Trade Commission alleging violations of the FTC Act
• Defended Daybreak Foods, one of the largest producers of eggs in the U.S., in class actions in federal and state courts alleging antitrust and price gouging conspiracies during the COVID pandemic
• Successfully represented Medley Opportunity Fund II in a series of federal class actions in multiple courts alleging civil RICO and conspiracy violations 
• Representation of the nationwide egg industry group United Egg Producers and the Webb-Pomerene export group U.S. Egg Marketers in a series of federal antitrust cases by class and direct plaintiffs alleging a conspiracy to control supply and raise prices of egg products
• Successfully defended Discovery Communications in a federal antitrust litigation alleging a conspiracy to boycott a content producer
• Successfully defended Zenith, Panasonic, Philips, and MPEG LA, a leading administrator of patent pools, against standard essential patent antitrust counterclaims in litigation relating to licensing of digital television patents; Section 1 conspiracy claims dismissed at oral argument on summary judgment
• Successfully defended Potandon Produce L.L.C., the largest marketer of potatoes in the U.S., in a nationwide multi-district litigation
• Successfully defended Daybreak Foods in a series of federal and state class actions across the country brought by direct and indirect purchasers alleging the major egg producers reduced output to raise the price of eggs and related products
• Represented the steel industry trade association American Iron & Steel Institute in the Steel Products antitrust litigation
• Successfully defended Cardinal Health in an antitrust class action involving allegations of exclusive dealing, customer and territory allocation, and joint monopolization, with co-defendant GE Healthcare in the nuclear pharmaceutical distribution industry*
• Successfully defended AT&T Inc. and Southwestern Bell Advertising against tying and unlawful monopolization claims related to AT&T's directory publishing business*
• Successfully defended AT&T against predatory pricing, refusal to deal and essential facility claims related to AT&T's long-distance service business*
• Successfully defended Amtrak in a tying and boycott case*

Representative Merger Experience:

• Arkema in its $1.65 billion acquisition of the performance adhesives business of Ashland LLC
• Discovery in its $2 billion joint venture with the PGA Tour to form “GOLFTV”, and subsequent acquisitions of Golf Digest and Golf Channel Latin America
• Church & Dwight in numerous acquisitions, including Zicam, Water Pik, Flawless, Agro BioSciences, Viviscal, Toppik, and CELMANAX 
• Learfield Communications in its merger with IMG College, combining the two largest providers of collegiate multimedia rights services
• Represented a Fortune 500 oil company in the DOJ’s successful challenge to the proposed merger of Baker-Hughes and Halliburton
• comScore, Inc. in its successful challenge to the $1.26 billion acquisition by Nielsen Holdings N.V. of Arbitron Inc. before the Federal Trade Commission
• United Technologies Corporation in the $18.4 billion acquisition of Goodrich Corp.*
• Bank of America, Citigroup, Credit Suisse, Deutsche Bank, Goldman Sachs, JPMorgan Chase, Merrill Lynch and UBS in the formation of ICE US Trust LLC*
• Reed Elsevier PLC in connection with the $4 billion divestiture of its Harcourt Education business to Houghton Mifflin Company*
• AT&T in connection with its $67 billion acquisition of BellSouth Corp.*
• SBC Communications in connection with its $16 billion acquisition of AT&T Corporation*
• Diageo in its joint acquisition of Seagram, creating the world's largest alcohol beverage company*

*Prior to Proskauer