Experience

Representative Work: Antitrust and Complex Litigation Experience

• World’s largest door and window manufacturer on national and international competition issues, including:
  • advice on structuring transactions to minimize antitrust risk in highly concentrated industries; 
  • acquisition of Europe’s largest door company;
  • challenge to vertical merger of two leading competitors; 
  • criminal grand jury investigation by the Antitrust Division of price fixing in residential door industry; 
  • civil class action lawsuits alleging price fixing in residential door industry (In re Residential Door Antitrust Litigation);
  • leniency pleas to European Commission and French Competition Council for cartel activity by foreign subsidiary resulting in first grant of antitrust leniency under French law; 
  • civil price fixing litigation against US glass cartel resulting in significant settlement for client after motions in limine (Flat Glass I); and
  • second civil price fixing litigation against global glass cartel resulting in settlement for client after favorable ruling on umbrella damages claims and use of foreign cartel evidence at trial (Flat Glass II)
• A leading Seattle-based investor and related entities on mergers, acquisitions, joint ventures and other issues, including: several dozen acquisitions (from small startups to billion dollar cable companies); structure acquisitions to avoid or minimize antitrust challenges.
• Professional sports franchises Seattle Seahawks and Portland Trailblazers on antitrust issues.
• Merger and acquisition counseling, government investigations, and preparation and filing of premerger notification forms.
• A leading warehouse club retailer in its successful efforts to end Washington State's monopoly on the sale of liquor, including issues related to drafting and qualifying for ballot two statewide initiatives, and successfully defending Initiative 1183 against lawsuits challenging its constitutionality.
• Investigation by Federal Trade Commission of proposed merger of world’s two leading abrasive waterjet manufacturers resulting in a consent decree allowing transaction to proceed.
• A Korean-based flat panel display manufacturer in price fixing claims brought by Washington State Attorney General's Office. 
• Investigation by Washington State Attorney General’s Office into allegations of price fixing by Seattle convention hotels, resulting in a consent decree settlement.
• Investigation by U.S. Justice Department’s Antitrust Division and Washington State Attorney General’s Office into multibillion dollar merger of two Japanese fishing companies resulting in consent decree benefiting local fishing companies.
• Special Counsel to Antitrust Division of the US Department of Justice and State Attorneys General to establish Technical Committee required by the Federal Court to oversee the Microsoft Consent Decree.
• The American Board of Thoracic Surgery in defending a claim by an osteopathic doctor alleging a conspiracy that included the University of Washington Medical School and other entities.
• Led team representing estate of inventor of the blended winglet for 737 and other aircraft in patent licensing dispute.

Representative Work: Health Care Experience

• Investigation by Federal Trade Commission of proposed combination of hospital systems based in Tacoma and Bremerton, resulting in decision by FTC not to challenge transaction.
• A leading Yakima cardiac hospital in litigation with its cross-town rival over angioplasty services, including summary judgment dismissal of certificate of need litigation and of federal court claim challenging constitutionality of state regulations under dormant commerce clause. 
• A national for profit hospital system on antitrust and other issues related to separation of a joined medical staff.
• A Seattle-area medical center in certificate of need application for construction of new hospital tower, the largest capital project in the history of the hospital system. Successfully defended the Department of Health’s decision against appeal from a coalition of union groups.
• A leading West Coast hospital system in a challenge brought by SEIU to financing before Hospital Facilities Authority.