District Court

• Jayson Penn. United States v. Jayson Penn et al., No. 1:20-cr-00152-PAB (D. Colo.). Successfully defended the former CEO of Pilgrim’s Pride against criminal charges of Sherman Act Section 1 price-fixing violations in back-to-back-to-back trials in the District of Colorado.
• National Beef Packing Company, LLC. Brown et al. v. JBS USA Food Co. et al., No. 1:22-cv-02946 (D. Colo.).Counsel in an antitrust class action alleging no-poach and wage-fixing agreements in the meatpacking industry.
• Hill’s Pet Nutrition, Inc. Kucharski-Berger v. Hill’s Pet Nutrition, Inc., No, 19-cv-00770 (Johnson Cnty., KS). Counsel in an antitrust class action alleging conspiracies to raise the price of therapeutic pet food and to monopolize pet-food markets.
• Samsung Electronics Co., Ltd. and Samsung Semiconductor, Inc. In re Dynamic Random-Access Memory (DRAM) Indirect Purchaser Litig., No. 4:18-cv-02518-JSW (N.D. Cal.) | In re Dynamic Random Access Memory (DRAM) Direct Purchaser Litig., No. 4:18-cv-03805 (N.D. Cal.). Principal author of joint briefing on motions to dismiss class action antitrust conspiracy claims. District judge dismissed cases with prejudice. Jones v. Micron Tech. et al., 400 F. Supp. 3d 897 (2019). Principal author of joint answering brief in support of affirmance. U.S. Court of Appeals for Ninth Circuit affirmed dismissal with prejudice in unanimous opinion. In re Dynamic Random Access Memory (DRAM) Indirect Purchaser Antitrust Litig., --- F.4th ----, 2022 WL 665236 (9th Cir. 2022).
• US Airways, Inc. US Airways, Inc., for American Airlines, Inc. as Successor and Real Party in Interest v. Sabre Holdings Corporation et al., No. 1:11-cv-02725-LGS (S.D.N.Y.). Planned and led defensive and offensive deposition and trial preparation for expert economic liability witnesses, taking into account developments in the law and economics of two-sided platforms.
• Bitcoin.com, Roger Ver, Shammah Chancellor, and Jason Cox. United American Corp. v. Bitmain, Inc. et al., No. 1:18-cv-25106-KMW-CMM (S.D. Fla.). Principal author of joint briefing on motions to dismiss Sherman Act and state-law claims of first impression alleging conspiracy between cryptocurrency miners, exchanges, and software developers. Argued each motion. Court dismissed claims with prejudice in a published opinion after granting leave to amend. United Am. Corp. v. Bitmain, Inc., 530 F. Supp. 3d 1241 (S.D. Fla. 2021). Plaintiff did not appeal.
• C. R. Bard, Inc. and Bard Access Systems, Inc. AngioDynamics, Inc. v. C. R. Bard, Inc. et al., No. 1:17-cv-00598-BKS-CFH (N.D.N.Y.) | North Brevard County Hospital District v. C. R. Bard, Inc. et al., No. 1:20-cv-00363-TJM-CFH (N.D.N.Y.). Principal author of briefing in support of motion for summary judgment on plaintiff’s antitrust tying claim under Section 1 of the Sherman Act that reduced scope of proposed damages. Drafted closing arguments at trial. Jury returned a no-liability verdict in favor of client.
• Samsung Bioepis. In re Humira (Adalimumab) Antitrust Litig., No. 1:19-cv-01873 (N.D. Ill.). Co-authored briefing in support of motion to dismiss Sherman Act Sections 1 and 2 claims premised on AbbVie’s Adalimumab patent “thicket” and patent licensing agreements with biosimilar manufacturers. Court dismissed complaint with prejudice. In re Humira (Adalimumab) Antitrust Litig., 465 F. Supp. 3d 811 (N.D. Ill. 2020).
• Falls Church Medical Center, LLC, Virginia League for Planned Parenthood, Whole Woman’s Health Alliance. Falls Church Medical Center, LLC et al v. Oliver et al., No. 3:18-cv-00428-HEH (E.D. Va.). In constitutional reproductive rights litigation, led strategy on economic proof at trial. Took direct and rebuttal examination of plaintiffs’ expert economist, and assisted with cross examination of defendants’ expert economist. Briefed and argued motions to exclude testimony of expert economists. Defended deposition of plaintiffs’ economist, and led preparation of expert economic reports. Court invalidated state regulations as unconstitutional after eight-day bench trial. Falls Church Med. Ctr., LLC v. Oliver, 412 F. Supp. 3d 668 (E.D. Va. 2019).
• Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. In re Optical Disk Drive Products Antitrust Litig., Case No. 3:10-md-02143-RS (N.D. Cal.). Co-authored briefing in support of motions for summary judgment, motion to decertify class of indirect purchaser plaintiffs, and motions to exclude testimony of plaintiffs’ liability experts. District court granted summary judgment on class antitrust conspiracy claims and alleged damages of $1 billion before trebling.
• Samsung Electronics Co., Ltd. Federal Trade Commission v. Qualcomm Inc., No. 5:17-cv-00220-LHK (N.D. Cal.). Co-authored amicus brief in opposition to Qualcomm Inc.’s unsuccessful motion to dismiss.
• John Doe. JLM v. Smith et al., No. 5:17-cv-00028-EKD (W.D. Va.). Researched, drafted, and filed first-of-its-kind juvenile petition for habeas corpus seeking release or repatriation of unaccompanied minor child held indefinitely in custody of Office of Refugee Resettlement. Secured client’s requested repatriation to home country.

Courts of Appeals

• Samsung Electronics Co., Ltd. and Samsung Semiconductor, Inc. Indirect Purchaser Plaintiffs v. Samsung Electronics Co., Ltd. et al., No. 21-15125 (9th Cir.). Principal author of answering brief filed on behalf of joint defense group in class action antitrust litigation following dismissal with prejudice. Ninth Circuit affirmed dismissal and denied petition for rehearing en banc.
• Fair Standards Alliance A.S.B.L. Cont’l Auto. Sys., Inc. v. Avanci, LLC et al., No. 20-11032 (5th Cir.). Co-authored amicus brief addressing issue of first impression concerning application of Sherman Act Sections 1 and 2 to alleged group boycott of firms seeking licenses to standard-essential patents on fair, reasonable, and non-discriminatory (FRAND) terms.
• Amici law and economics scholars. Federal Trade Commission v. Qualcomm Inc., No. 19-16122 (9th Cir.). Co-authored amicus brief of leading law and economics scholars in support of affirmance of Federal Trade Commission’s trial victory over Qualcomm. Co-authored amicus brief of leading law and economics scholars in support of Federal Trade Commission’s petition for rehearing en banc at Ninth Circuit.
• Robert Feldman. United States v. Feldman, No. 17-7613 (4th Cir.). Appointed as pro bono counsel by the Fourth Circuit to represent habeas petitioner seeking resentencing under 28 U.S.C. § 2255. Briefed and argued appeal, secured order reversing lower court’s opinion and directing resentencing under proper Guidelines range. United States v. Feldman, 793 F. App’x 170 (4th Cir. 2019).

Stoney Lester. Lester v. Flournoy, No. 13-6956 (4th Cir.) | United States v. Lester, No. 18-10523 (11th Cir.) | Lester v. United States, No. 17-1366 (S. Ct.). Co-authored petition for initial hearing en banc, opening brief, reply brief, and petition for rehearing en banc in habeas proceeding before U.S. Court of Appeals for the Eleventh Circuit. Co-authored emergency petition for writ of certiorari before judgment in U.S. Supreme Court. Co-authored merits briefing in U.S. Court of Appeals for the Fourth Circuit on novel issue pertaining to Savings Clause of 28 U.S.C. § 2255(e). Secured immediate release of client.

Investigations

• Counsel to a nonferrous metals producer in an investigation by the Department of Justice into potential antitrust violations; investigation closed with no charges filed.
• Counsel to a consumer electronics manufacturer in an investigation by the Federal Trade Commission into a proposed transaction between companies involved in the semiconductor market.
• Counsel to an appliance manufacturer in an investigation by the Department of Justice into potential antitrust violations; investigation closed with no charges filed.

Counsel to an automotive manufacturer in an investigation by the European Commission’s Directorate-General for Competition into the licensing practices of a wireless standard-essential patent holder.

Merger Clearance

The Charles Schwab Corporation. Acquisition of TD Ameritrade Holding Corporation (2020). Co- authored white paper submissions to Antitrust Division of U.S. Department of Justice. Prepared sales and finance executives for interviews with Antitrust Division attorneys and economists. Drafted responses to specifications contained within Antitrust Division’s second request. Antitrust Division cleared transaction in June 2020.

International Trade Commission Matters

• Google LLC, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., Lenovo Group Ltd., Lenovo (United States), Inc., and Motorola Mobility LLC. In re Certain Location-Sharing Systems, Related Software, Components Thereof, and Products Containing Same, Inv. No. 337-TA-1347. Led factual and expert discovery into 19 U.S.C. § 1337(e)(1) public interest factors. Drafted offensive and defensive discovery and prepared and defended depositions of senior executives in marketing, analytics, and business strategy functions.
• Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. In re Certain Semiconductor Devices, Mobile Devices Containing the Same, and Components Thereof, Inv. No. 337-TA-1336. Led factual and expert discovery into 19 U.S.C. § 1337(e)(1) public interest factors. Drafted offensive and defensive discovery and prepared and defended depositions of senior executives in marketing, analytics, and business strategy functions.

Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. In re Certain Capacitive Touch-Controlled Mobile Devices, Computers, and Components Thereof, Inv. No. 337-TA-1193. Led factual and expert discovery into 19 U.S.C. § 1337(e)(1) public interest factors. Coordinated expert reports and testimony of three industrial organization economists and industry expert. Delivered oral proffers on behalf of joint defense group to Office of Unfair Import Investigations staff attorneys on economic analysis of proposed exclusion order. Prepared for and defended depositions of executives specializing in marketing, business analytics, and 5G networks.

Counseling

• Counsel to major electronics manufacturer in settlement negotiations with wireless standard-essential patent holder over patent licensing practices. Dispute settled on favorable terms for client.
• Counsel to automotive manufacturer in licensing negotiations and potential litigation with patent privateer. Dispute settled on favorable terms for client,