Dave wrote a chapter in the ABA’s 2001 revision of The Merger Review Process and the chapters on mergers and acquisitions and on joint ventures for the 2002 supplement to the ABA’s Antitrust Law Developments treatise, and wrote part of the most recent version of the ABA’s Antitrust Law Developments. Dave has extensive experience on the procedural aspects of the HSR Act, and served on an important ABA Task Force in 2000-01 which made recommendations on improving the HSR Second Request process. He has also advised FTC staff on HSR issues and represented Gemstar in DOJ’s HSR “gun-jumping” case, which was settled in February 2003, and Valueact Capital in the FTC’s HSR “failure to file” case, which was settled in 2008.
Dave has also practiced for many years in the transportation antitrust and regulatory area. In recent years, he represented Northwest Airlines in the SkyTeam antitrust immunity matter and was a member of the team that represented Northwest in its 2008 merger with Delta Air Lines, Airborne Express at the DOJ in its transaction with DHL, and Flexi-Van Leasing in its acquisition of chassis from XTRA Corporation. Dave also has counseled aviation clients on regulatory issues relating to federal legislation and rulemaking, international negotiations, airport access and development, slots, aircraft noise and foreign investment, and on antitrust issues. He has served for a number of years as an officer in the Federal Bar Association Transportation Section, and was Chairman of that Section for the 1996-97 year.
His antitrust practice includes counseling clients on transactions under the Clayton Act, including joint ventures, and on antitrust issues under the Sherman Act. Among the non-merger antitrust cases Dave has been involved in are the FTC case against Intel and other Intel-related matters on behalf of Advanced Micro Devices, and the FTC’s abuse of monopoly case against Rambus. Dave also has experience in European and Japanese antitrust matters. He currently serves as the Vice-Chair of the International Antitrust Law Committee of the ABA Section of International Law.