defending claims asserted against the company in State of Ohio v. Ascent Health Services, et al.;
its $67 billion acquisition of Express Scripts;
its proposed $54 billion merger with Anthem as well as in subsequent litigation brought by the DOJ and several states seeking to enjoin the merger;
its $6.3 billion sale of its group life and disability business to New York Life; and
its affiliates’ $2.5 billion investment as part of VillageMD’s $8.9 billion acquisition of Summit Health-CityMD.
Microsoft Corporation in a number of transactions, including in:
its $26 billion acquisition of LinkedIn;
its $7 billion acquisition of Nokia’s handset business;
its role in the acquisition of more than 6,000 patents from Nortel;
in its purchase from AOL of more than 800 patents and related patent applications as well as a non-exclusive license to AOL’s retained patent portfolio for $1.1 billion, and in the subsequent assignment of a significant portion of those IP assets to Facebook Inc. for $550 million;
its $8.5 billion acquisition of Skype;
its acquisition of Yahoo!’s search business and subsequent partnership agreement with Yahoo!; and
in the sale of its online advertising agency Razorfish to Publicis Groupe for
$530 million, and in Microsoft’s 5-year strategic alliance agreement with
Eli Lilly & Companyand its subsidiaries in a variety of acquisitions and licensing transactions, including in:
Elanco’s $885 million acquisition of the U.S. feline, canine and rabies vaccines portfolio of Boehringer Ingelheim Vetmedica; and
its $5.4 billion acquisition of Novartis Animal Health.
Elanco in various matters, including in:
Its spin out from Eli Lilly & Company; and
Its $7.6 billion acquisition of Bayer’s Animal Health Business.
Nucor in its $1 billion acquisition of the CENTRIA and Metl-Span insulated metal panels business from Cornerstone Building Brands.
Kraft Heinz in the $3.3 billion sale of its natural cheese business to Lactalis Group.
Goodyear Tire & Rubber Company in various matters, including in:
Its joint venture with Bridgestone to combine their U.S. wholesale tire distribution business to create TireHub; and
Its $2.8 billion acquisition of Cooper Tire & Rubber Company.
L3 Harris Technologies in the $1 billion sale of its Security Detection and Automation businesses to Leidos.
Spectrum Brands Holdings in its $1.25 Billion sale of its Global Auto Care business to Energizer Holdings.
Salix Pharmaceuticals in connection with its $11 billion acquisition by Valeant Pharmaceuticals.
Nuance Communications in connection with its $19.7 billion acquisition by Microsoft Corporation.
Farelogix Inc. in connection with its $360 million acquisition by Sabre as well as its successful defense against subsequent litigation brought by the DOJ to enjoin the merger.
Refinitiv in connection with its $27 billion acquisition by the London Stock Exchange Group.
Teladoc in connection with its $18.5 billion acquisition of Livongo
PRA Health in connection with its $12 billion acquisition by ICON
Texas Molecular in its acquisition by VLS Environmental Solutions
SEAKR Engineering in connection with its acquisition by Raytheon
Translate Bio in connection with its $3.2 billion acquisition by Sanofi.
Aptiv in connection with:
its $4.3 billion acquisition of Wind River; and
the formation of its $4 billion Motional joint venture with Hyundai.
3G Capital in connection with its $7.1 billion acquisition of a controlling interest in Hunter Douglas.
IBM in connection with its acquisition of Neudesic.
Rocketcompanies in connection with its $1.275 billion acquisition of Truebill.
Restaurant Brands International in connection with its $1 billion acquisition of Firehouse Subs.
The Medicines Company in connection with its $9.7 billion acquisition by Novartis.
Bioverativ in connection with its $11.6 billion acquisition by Sanofi.
Ariad Pharmaceuticals in connection with its $5.2 billion acquisition by Takeda Pharmaceuticals.
The Special Committee of the board of CBS in connection with its $40 billion merger with Viacom.
Sirius XM in connection with a DOJ antitrust investigation regarding its $3.5 billion acquisition of Pandora Media.
Monsanto Company and its board of directors in connection with certain antitrust aspects related to its $66 billion acquisition by Bayer.
Dana Incorporated in its approximately $6.1 billion definitive agreement to combine with the Driveline division of GKN plc to create Dana plc.
US Airways in several high-profile and contested transactions, including in:
its $11 billion merger with American Airlines, as well as in subsequent litigation and settlement with the DOJ;
its 2009 agreement with Delta Air Lines to swap slots at New York LaGuardia and Reagan National airports;
its efforts to acquire Delta out of bankruptcy;
its $1.5 billion merger with America West Airways;
its proposed merger with United Airlines; and
British Airways’ (BA) investment in US Airways in the early 1990s, and in US Airways’ successful efforts to force BA to divest that interest.
Delta & Pine Land in its acquisition by Monsanto Corp, where antitrust merger clearance was achieved via consent decree following an investigation by the DOJ, which previously sought to challenge the same transaction.
The Pasha Group in its acquisition of Horizon Lines’ Hawaii cargo service.
Anheuser-Busch InBev in various matters, including in
Its $20 billion acquisition of Modelo;
Its joint venture with Keurig to develop an alcohol drink dispenser for the home; and
Its $220 million acquisition of control of Craft Brewers Alliance.
The U.S. Treasury in the bailout of General Motors and Chrysler.
General Electric Company in the $21.4 billion sale of its biopharma business to Danaher Corporation.
Exxon Corporation in various matters, including in:
Its $73 billion merger with Mobil Oil Corporation; and
Its $41 billion acquisition of XTO Energy.
Pfizer in its $68 billion cash and stock acquisition of Wyeth Pharmaceuticals.
Tribune Media in its $7.2 billion acquisition by Nexstar Media Group.
Vertis Holdings, Inc. in its acquisition by QuadGraphics.
MGM Mirage in its $7.9 billion acquisition of Mandalay Resort Group.
Island ECN in its merger with Instinet.
Uber Technologies in its $2.65 billion acquisition of Postmates Inc.
Northrop Grumman in various matters, including in:
Its $2.6 billion acquisition of Newport News; and
Its $7.8 billion acquisition of Orbital ATK.
WorldCom Inc. in its attempted $129 billion merger with Sprint Corporation.
NYNEX in its merger with Bell Atlantic to create Verizon Communications.
Celanese Corporation in various acquisitions and divestitures.
Ameron International Corporation in its $777 million sale to National Oilwell Varco.
Matthew International Corporation’s $214 million acquisition of Aurora Casket Company from Kohlberg & Company.
Berkshire Partners in various transactions, including its acquisition of Light Tower Fiber Networks and Sidera Networks and the acquisition of Fibertech Networks by Light Tower.
Non-Merger Civil Investigations
Express Scripts, Inc. in connection with FTC’s 6(b) study of pharmacy benefit managers.
PGA TOUR in connection with an investigation by DOJ.
Microsoft in various matters, including the settlement of U.S. v. Microsoft.
US Airways in the ATPCO investigation and successful settlement.
NBA in investigation regarding internal rules on images.
Westlaw in connection with investigation regarding content.
Various clients in the technology, entertainment, and food service spaces in different “no poach” investigations by DOJ.
Various competitors to and customers of Google in DOJ and FTC investigations.
Various clients in connection with investigations regarding information sharing in the broadcast and airline industries.
Various clients in FTC’s investigation of alleged collusion among Canadian automobile dealers regarding exports.
Farelogix Inc. in United States Sabre Inc. and Farelogix Inc., the suit brought by the DOJ to block the proposed Sabre/Farelogix transaction, resulting in a trial verdict in favor of Farelogix and Sabre.
connection with its claims related to the In re Generic Pharmaceuticals Antitrust Pricing Litigation; and
United StatesAnthem Inc.and Cigna Corp., the suit brought by the DOJ and several states to block its $54 billion acquisition by Anthem.
Nippon Chemi-Con and its U.S.-based subsidiary United Chemi-Con, in defense of multidistrict litigation comprised of two class actions brought by direct and indirect purchasers alleging price fixing in the market for aluminum electrolytic, tantalum electrolytic, and film capacitors.
Nestlé USA in connection with a complex multidistrict antitrust proceeding involving 92 cases alleging pricing fixing of chocolate confectionaries, resulting in summary judgement for the defendants;
Microsoft in the settlement of United States Microsoft Corp, the landmark antitrust suit brought by the DOJ and twenty state attorneys general alleging antitrust violations under Sections 1 and 2 of the Sherman Act.
US Airways in:
the settlement of United States US Airways Group, Inc. and AMR Corporation, the suit brought by the DOJ and seven state attorneys general under antitrust laws to block the company’s high-profile merger with American Airlines; and
a federal civil antitrust lawsuit against Sabre Holdings Corp. to halt anti-competitive and anti-consumer practices, including engaging in a pattern of exclusionary conduct to shut out competition, protect its monopoly pricing power and maintain its technologically-obsolete business model.
AK Steel Holding Corp.in connection with several antitrust class action complaints, alleging a conspiracy among steel manufacturers to reduce output.
The Royal Bank of Scotland in In re Credit Default Swaps Antitrust Litig., MDL No. 2476M, defending the bank against class actions under Sections 1 and 2 of the Sherman Act.
The Fair Isaac Corporation in an action brought against the three national credit bureaus, Equifax, Experian, and Trans Union and their joint venture VantageScore.
Financial Security Assurance, Inc. and Financial Security Assurance Holdings, Ltd. in multidistrict class action litigation alleging antitrust violations in the municipal derivatives industry.
Morgan Stanley in defense of an antitrust class action relating to auction rate securities.
Grand Jury Investigations
Nippon Chemi-Con Corporation in the settlement of a DOJ grand jury investigation regarding alleged price fixing in the capacitors market.
The Pasha Group in an investigation regarding alleged bid-rigging, which resulted in a conditional plea agreement without any executives being charged.
A European financial institution with subsidiaries in the United States that were the subject of an investigation by the DOJ and several state attorneys general regarding alleged bid-rigging and market allocation in financial markets related to municipal guaranteed investment contracts.
A major national air carrier in the DOJ’s air cargo investigation. The carrier was not indicted and did not plead.
A major petro-chemical corporation in a DOJ investigation into alleged price fixing in the chemicals industry. Though many of the client’s competitors were forced to plead guilty, the client did not plead and its identity was never disclosed.
A major multinational corporation in a DOJ investigation of the marine hose industry. The client was the only member of the industry that was not indicted and did not plead to any violation.
An executive of a Japanese auto parts manufacturer in the successful resolution of a DOJ criminal antitrust investigation.