Matters

  • Representing food industry client in a large class action alleging price-fixing in the market for eggs.
  • Handling an antitrust securities law matter pending before Financial Industry Regulatory Authority involving claims concerning the trading of credit default swaps.
  • Defended a mailing equipment manufacturer in an antitrust class action alleging an attempt to tie purchases of ink cartridges to the purchase of mailing machines. (The case was dismissed on summary judgment.)
  • Defended a car dealership in an action involving antitrust and other claims in which the plaintiff alleged an attempt to monopolize the market for new vehicles. (The antitrust claims were dismissed before trial.)
  • Defended an automobile racing sanctioning body in an antitrust case in which the plaintiffs sought in excess of $90 million and significant non-monetary relief. (The case was dismissed when the court granted our motion for summary judgment after two years of discovery; the dismissal was affirmed by the U.S. Court of Appeals for the Third Circuit.)
  • Defended a merger of two national organic food supermarkets that the Federal Trade Commission attempted to block. The ensuing litigation resulted in a favorable settlement for our client.
  • Prosecuted antitrust claims against a competitor for disruption of client’s distribution channel.
  • Represented a major chemical company in its direct action as a plaintiff in a Sherman Act price fixing, customer fixing and territorial fixing case against the two largest chemical companies in Europe. The case was settled as to the five direct action plaintiffs for a mid-nine-figure amount.
  • Successfully defended against a class action challenge to a merger of major insurance companies and defeated an attempt to enjoin the transaction.
  • Represented a major national retailer in a class action involving antitrust claims relating to “bundled rebates.” (Fox secured a favorable settlement for our client.)
  • Successfully persuaded the federal government to abandon its challenge on antitrust grounds to a merger between two manufacturing companies.
  • Represented an international chemical company seeking to enforce an employment agreement against a high-level, senior technical employee who wanted to work for a direct industry competitor. Quick action enabled us to detect a scheme to copy and misappropriate significant amounts of the client’s most sensitive trade secrets and prevent the use or transfer of this information.
  • Acted for a telecommunications corporation in negotiations with a major, vertically and horizontally integrated television network, including antitrust allegations of tying and market dominance and related federal court injunction. The case ended in a negotiated settlement.
  • Served as lead counsel for a defendant in a $90 million antitrust case in which we secured summary judgment in our client’s favor.
  • Served as lead counsel and successfully defended a summary judgment in an antitrust case in an appeal before the U.S. Court of Appeals for the Third Circuit.
  • Served as lead counsel for a pharmaceutical company in an antitrust case involving a novel theory of liability that was settled favorably after two years of litigation.
  • Served as co-counsel for several defendants in a major multidistrict antitrust action involving alleged price fixing and related claims.
  • Represented a consumer products manufacturer in a complex breach of contract/antitrust lawsuit brought by a retail chain, culminating in a jury trial in federal court in San Francisco.
  • Represented two U.S. manufacturers entitled to distribution of antidumping duties under the Byrd Amendment that were omitted from the list of eligible parties.
  • Acted for a U.S. steel producer in one of the only cases ever to seek injunctive relief under the 1916 Antidumping Act.
  • Representing a technology company in a consumer class action alleging deceptive marketing practices.
  • Successfully defended against attempts by a major national hotel franchisor to unilaterally terminate the franchise before the property could be sold. Litigated the claims in the Chapter 11 bankruptcy case of a hotel franchisee asserting violations of New Jersey's Franchise Practices Act.