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Antitrust Institute 2011: Developments & Hot Topics


Speaker(s): Albert J. Boro, Jr., Brendan P. Glackin, David M. Newman, Elaine F. Foreman, Harvey I. Saferstein, Holly A. House, Jo S. Levy, Kathleen E. Foote, Kathrin E. Sears, Megan Dixon, Michael F. Tubach, Norris E. Washington, Penelope A. Preovolos, Phillip H. Warren, Robert E. Cooper, Robert P. Taylor, Scott A. Sher, Stephen V. Bomse, Yasir Elbiali
Recorded on: Feb. 17, 2011
PLI Program #: 28414

Michael Tubach is managing partner of O’Melveny's San Francisco office and a member of the White Collar Defense and Corporate Investigations and the Antitrust and Competition Practices. Michael focuses on civil litigation and whitecollar criminal defense. He represents individuals as well as large public companies in criminal, antitrust, securities, intellectual property, and class action disputes. His trial experience includes over 35 trials and 20 appellate arguments. Chambers USA (2009) states that Michael’s “reputation as a top-flight trial lawyer for criminal antitrust litigation and cartel work continues to grow, enhanced by his representation of clients such as eBay, Honeywell, Northwest Airlines and Hynix.”

He also was named a Northern California “Super Lawyer” and a leader in the field of White Collar Criminal Defense in a survey conducted by Law & Politics Media Inc. and published in San Francisco magazine. Michael has served as Chair of the firmwide Pro Bono Committee.

Illustrative Professional Experience
- Counsel for Hynix Semiconductor, Inc. in industry-wide criminal antitrust investigations and numerous related civil actions into the Dynamic Random Access Memory (DRAM), Static Random Access Memory (SRAM), and Flash markets
- Counsel for eBay in purported class action by sellers alleging monopolization and attempted monopolization related to the online auction and online payment business - - Counsel for Hertz Corporation in antitrust class actions relating to the California Travel & Tourism Commission (CTTC)
Counsel for DeGussa Corp. (now Evonik) in criminal antitrust investigations and related civil actions
Counsel for individuals in multiple criminal antitrust investigations
Counsel for Chemtura Corporation (formerly Crompton) in various federal and state civil actions alleging price fixing across an array of chemical products
Counsel for Honeywell International, Inc. in antitrust class action alleging monopolization in certain alleged thermostat markets
Counsel for Capital One Financial Corporation in purported class action alleging conspiracy to fix over-limit and late payment fees
Counsel for Special Committee of Board of Directors of Mercury Interactive relating to dating of stock options
Counsel for Ford Motor Company in multiple consumer class actions, including Chamberlan v. Ford Motor
Company, brought on behalf of 90,000 California owners of Ford vehicles alleging certain defects
Counsel for several former CEOs of public companies in various criminal actions, SEC enforcement actions, securities class actions, and derivative actions
Counsel for Golf Trust of America in fraud and breach of contract arbitration, resulting in $6.7 million award in favor of client
Counsel for former Young Presidents Organization member in criminal and SEC enforcement action, resulting in dismissal of insider trading charges
Counsel for United Airlines in internal investigation and civil action arising out of an employee’s theft of spare parts, resulting in recovery of $3.4 million to client
Counsel in multiple internal investigations representing companies and individuals

Professional Activities
Law Clerk, Honorable Stephen F. Williams, U.S. Court of Appeals, D.C. Circuit, 1989-90
Bristow Fellow, Office of the Solicitor General, 1990-91
Assistant U.S. Attorney, U.S. Attorney's Office, Washington, D.C., 1991-97
Member, Judiciary Committee, Bar Association of San Francisco
Lecturer, First-Year Criminal Law, Fall 2002, University of California, Berkeley, Boalt Hall School of Law; Guest Lecturer, White Collar Criminal Exposure from the Perspective of a Convicted Criminal, Stanford Law School, Spring 2004; Guest Lecturer, Defense and Prosecution of White Collar Crime (Insider Trading), Boalt Hall School of Law, Fall 2003, Fall 2004; Frequent panel speaker on various legal issues, including at the Practicing Law Institute, the Bar Association of San Francisco, and the California State Bar’s Antitrust Section


Elaine Foreman is a Senior Director of Legal Services with Cisco Systems, Inc. in San Jose, California. She provides antitrust counseling and training to Cisco’s sales and sales supporting teams. Ms. Foreman also provides antitrust counsel on mergers and acquisitions. She provides legal support for the worldwide partner organization and manages the team responsible for all U.S. deals that flow through distribution.

Prior to joining Cisco, Ms. Foreman was Senior Counsel with Hewlett-Packard Company in Palo Alto, California, where she advised the Worldwide and Americas Solution Partners Organizations, the groups that sell HP products and services through distribution channels.

Ms. Foreman practiced antitrust at Bryan Cave LLP in Washington, D.C. before joining HP and, prior to that, was employed by the Federal Trade Commission.

Ms. Foreman provides counseling on competition issues. She has spoken frequently on antitrust topics, particularly the Robinson Patman Act. In addition, Ms. Foreman provides antitrust compliance training. She was the 2008-09 the Chair of the Executive Committee of the California State Bar Antitrust and Unfair Competition Section. She has previously served as the Section’s Vice Chair of the Golden State Antirust and Unfair Competition Law Institute (2007-08), Vice Chair of the Unfair Competition Law Program (2006-07) and Secretary (2005-06).

Ms. Foreman received her J.D. from American University and her B.A. from Smith College. Prior to entering law school, she did graduate-level work in Russian language at the Pushkin Institute in Moscow.


PENELOPE A. PREOVOLOS

Ms. Preovolos is a litigation partner in the San Francisco office of Morrison & Foerster. She has extensive experience in antitrust, false advertising/unfair trade practice, and consumer class action litigation and counseling. She has served as lead counsel in a number of major  antitrust, consumer class action, false advertising, and unfair competition cases. Ms. Preovolos has spoken and written extensively on antitrust, consumer class action, and unfair trade practice topics. She is listed by Chambers USA as one of California's leading antitrust lawyers  and is recommended by Practical Law Company's Which lawyer? Yearbook as an antitrust practitioner.  In addition, Ms. Preovolos is listed in the Best Lawyers in America Directory  as a leader in the field of antitrust law. She also was listed in the 2009 edition of Who's Who Legal: California as a leading practitioner in the field of competition (antitrust, unfair competition, and false advertising law). Ms. Preovolos served as co-chair of the firm's Antitrust and Competition Group from 1990 to 2004 and as managing partner of the firm's San Francisco office from 1995 to 1996. Ms. Preovolos became associated with Morrison & Foerster in 1980, and became a partner in 1985.

Ms. Preovolos served as Secretary (1993-1994) and Chair (1994-1995) of the Antitrust and Trade Regulation Section of the State Bar of California. She is a member of the Litigation and Antitrust Sections of the American Bar Association, and served from 1990 to 1993 on the Ninth Circuit Advisory Committee on Rules of Practice & Internal Operating Procedures. 

Ms. Preovolos received her A.B. with greatest distinction from the University of California at Berkeley in 1976, where she was a member of Phi Beta Kappa and received the English Departmental Citation (outstanding graduate, English Department) and the University Medal (outstanding graduate). She received her J.D., cum laude, from Harvard Law School in 1979, where she was Executive Editor of the Harvard Civil Rights - Civil Liberties Law Review, 1978-1979. Ms. Preovolos was Clerk to Judge Charles M. Merrill of the United States Court of Appeals for the Ninth Circuit during 1979-1980.

Summary of Recent Antitrust Litigation Experience
- Li v. Apple Inc..:  Counsel to Apple in antitrust class action in the Eastern District of New York (obtained dismissal with prejudice).
In re Cosmetics Industry Antitrust Litigation: Counsel to defendant in coordinated antitrust and unfair trade practice actions in U.S. District Court for the Northern District of California and Marin Superior Court (settled; settlement affirmed on appeal to the Ninth Circuit).
In re Tableware Antitrust Litigation: Counsel for defendant in alleged antitrust conspiracy case in the Northern District of California (settled).
American Booksellers Association, et al. v. Barnes & Noble, Inc.:  Counsel to Barnes & Noble in antitrust and unfair trade practice action brought by American Booksellers Association on behalf of its California members and by 26 bookstore plaintiffs. Obtained summary judgment on all monetary claims and settled on very favorable terms during trial in April 2001.

Summary of Other Litigation Experience
Cellular Telephone Litigation: Defend cellular telephone manufacturer in two MDL proceedings alleging false advertising and unfair trade practices.   
Trujillo v. Apple Inc.: Obtained summary judgment for Apple in federal class action alleging misrepresentations regarding the phone's battery.
In re Palm Treo 600 and 650 Consumer Class Actions: Represent Palm in multiple consolidated class actions alleging false advertising and product defects with respect to the Palm Treo 600 and 650 "smartphones" (settled).
Digital Music Player Litigation: Represent digital music player manufacturer in multiple class actions (federal MDL actions and coordinated California state actions) alleging that the music player develops cosmetic defects during ordinary use and asserting false advertising, product defect, breach of warranty, and other claims. Consumer class actions alleging § 17200, product defect and other (settled).
Moisan v. Fujitsu Computer Products of America, Inc.: Defend FCPA in class action alleging that it misrepresented hard drive capacity (settled).


Robert E. Cooper is a partner in the Los Angeles office of Gibson, Dunn & Crutcher LLP and co-chairs the firm's antitrust and trade regulation practice group.

Mr. Cooper has served as lead trial counsel in scores of major jury trials, including numerous "bet the company" antitrust cases. Most recently, Mr. Cooper served as trial counsel for Sempra Energy in consolidated antitrust class actions arising out of the California energy crisis, alleging a conspiracy to restrict construction of natural gas pipelines into California, and as trial counsel for Intel Corporation in pending actions brought AMD, the Federal Trade Commission and the New York Attorney General, alleging monopolization of the market for mIcroprocessors.

Among other recent cases, Mr. Cooper successfully defended on appeal the summary judgment won for American Airlines in the predatory pricing case brought by the Department of Justice. In the past, Mr. Cooper also achieved jury verdicts in favor of American Airlines in two other major antitrust cases, with billions of dollars in liability at stake. He successfully defended Hewlett-Packard against a charge of monopolization of replacement cartridges for inkjet printers.

He was the lead trial counsel in the successful effort by Atlantic Coast Airlines to enjoin, on antitrust grounds, an attempted hostile takeover. During his career, Mr. Cooper also achieved three successive victories for Pfizer in the antibiotics antitrust litigation, logging some three years in trial, most before juries.

Other clients for whom Mr. Cooper has served as lead trial counsel include Ticketmaster, Northrop, Allergan, and Callaway Golf Company.

Mr. Cooper received his bachelor of arts degree with distinction from Northwest University in 1961; his law degree from Yale University in 1964, Order of the coif and article and book review editor of the Yale Law Journal. Mr. Cooper is a fellow ofthe American College of Trial Lawyers, and is a frequent lecturer on antitrust issues and trial complex litigation. Mr. Cooper was honored as Antitrust Lawyer of the Year by The Antitrust and Unfair Competition Law Section of the California State Bar.


Steve Bomse, a partner in Orrick's San Francisco office, is a member of the Litigation Group specializing in antitrust litigation. He is widely regarded as one of the nation's leading antitrust lawyers, having tried cases throughout the United States involving multibillion dollar claims while also maintaining a significant appellate practice, including, most recently his successful representation of Weyerhaeuser Company in a major Section 2 case before the United States Supreme Court. Mr. Bomse also represents clients from around the world in other types of complex commercial litigation, both at the trial and the appellate level.

Among the many other companies for whom Mr. Bomse has handled significant antitrust matters are: 3M, Coca-Cola, Pacific Gas & Electric, Sara Lee Corporation, Levi Strauss & Co., American Home Foods, UBS AG and Miller Brewing.

While the primary focus of Mr. Bomse's practice has been, and remains antitrust, he also has had an active trial and appellate practice outside the competition area. In addition to several cases in the U.S. Supreme Court, Mr. Bomse has argued appeals in seven separate federal circuits and has tried cases in a number of different federal districts.

Before joining Orrick, Mr. Bomse was a shareholder at Heller Ehrman LLP where he served for many years as a member of its Management and Policy Committee, and headed up both the Litigation Department and the firm's Global Competition Practice.

In 1988, Mr. Bomse was on leave as a visiting professor at Stanford Law School.

Education
- J.D., Yale Law School, 1967
- A.B., with honors,Stanford University, 1964

Admitted in
- California

Memberships
- American Bar Association
- State Bar of California
- Bar Association of San Francisco
- American Law Institute
- American Bar Foundation


Albert J. Boro, Jr.  

Al Boro is Senior Vice President, Strategic Business Development and General Counsel and Secretary of SoloPower, Inc., a thin-film CIGS photovoltaic module manufacturer based in San Jose, California.  Mr. Boro has practiced law for more than 20 years, and before joining SoloPower, was a partner with Pillsbury Winthrop Shaw Pittman LLP in San Francisco.  Mr. Boro has managed litigation and corporate transactions and counseled on antitrust and compliance matters for companies in the energy and technology industries.  His energy industry experience includes working on the antitrust review of the Chevron-Texaco merger by the Federal Trade Commission and the States' Attorneys General, advising a petroleum trade association on greenhouse gas regulatory policies, and defending antitrust price-fixing claims and government investigations.

Mr. Boro is the Chair of the Executive Committee of the California State Bar Antitrust and Unfair Competition Law Section.  He has tried civil and criminal cases to jury verdicts, and has served as defense liaison counsel in multidistrict antitrust and unfair competition class action cases.  He served as a trial panel attorney from 1992 to 1999 on the Federal Public Defender's Criminal Justice Defense Panel for the Northern District of California, and was a consultant to Legal Aid of Marin in 1994.
 
Mr. Boro clerked for Justice Byron R. White of the U.S. Supreme Court in Washington, D.C., and Judge Walter J. Cummings of the Seventh Circuit Court of Appeals in Chicago, Illinois. He has a juris doctor degree, a master's degree in public policy, and a bachelor's degree in economics from the University of California at Berkeley.


David Newman has been with the Federal Trade Commission in San Francisco for more than 36 years, during which time he has worked on a variety of consumer protection and competition matters. He has participated in litigation involving nutritional supplements, diet centers, and a number of high-tech products. He has litigated a number of cases in United States courts involving business opportunity frauds, investment frauds, employment agency scams, and fraudulent nutritional supplements.  He has spoken to industry groups on high-tech issues, including privacy issues and the resale of used or returned merchandise as new.

On the competition side, he has worked on mergers and conduct matters involving a wide range of industries, including wearing apparel, health care, institutional pharmacies, computer software, and computer networking, and has led a litigation team in a hospital merger case.  He served as Acting Assistant Regional Director of the Federal Trade Commission's Los Angeles Regional Office from March 1998, to February 1999. From September 2004, to March 2005, he was based in Jakarta, Indonesia, as a resident technical advisor on competition matters to the KPPU, the Republic of Indonesia's competition agency, and to the Association of Southeast Asian Nations.

He received his B.A. in political science from the University of California at Berkeley in 1967 and his J.D. from the University of California Hastings College of Law in 1972.


Kathleen Foote joined the California Attorney General's Antitrust unit in San Francisco in 1988, and has been its Antitrust Chief since 2001. The cases she has handled include Hartford Fire Ins. v. California, the Wells Fargo-First Interstate bank merger, the Thomson-West law book publishing merger, the Microsoft case, and the DRAM Indirect Purchaser litigation. She is a member of the American Antitrust Institute's Advisory Board, and current co-chair of the State Antitrust Enforcement Committee of the Antitrust Section of the American Bar Association. She has been a panelist on state enforcement issues at numerous seminars hosted by the California State Bar, local Bar Associations and the Practicing Law Institute.

Before joining the Attorney General's Office Ms. Foote was Associate Dean at University of San Francisco School of Law, where she taught Land Use and Environmental Law for seven years. Prior to teaching, she spent three years as an associate attorney with the San Francisco law firm of McCutchen, Doyle, Brown & Enersen (now Bingham). She earned her undergraduate degree from Harvard in 1967, and her law degree from USF School of Law in 1975. Ms. Foote has been active in community affairs, serving as mayor of Mill Valley CA twice during the 1980's, and as a San Francisco Bay (BCDC) Commissioner. She is also past chair of the Marin Community Foundation, and a former youth soccer coach.  


KATHRIN SEARS
 
PROFESSIONAL EMPLOYMENT

 CALIFORNIA ATTORNEY GENERAL’S OFFICE – CONSUMER LAW SECTION
  Deputy Attorney General & Supervising Deputy Attorney General
  San Francisco, California
  October 2005-Present
 GIBSON, DUNN & CRUTCHER
  Associate & Partner
  San Francisco, Palo Alto & Washington, D.C.
  October 1989-June 1995 and March 1997-August 2005
 HELLER, EHRMAN, WHITE & MCAULIFFE, San Francisco, California
  Associate, August 1995-February 1997
  Legal Researcher for China Practice, 1983-1984
 THE ASIA SOCIETY, New York, New York
  Program Associate for the China Council, 1984-1985

EDUCATION
 HARVARD LAW SCHOOL, Cambridge, Massachusetts
 J.D., 1989
 UNIVERSITY OF MICHIGAN, Ann Arbor, Michigan
 Ph.D., Political Science, 1985
 UNIVERSITY OF WASHINGTON, Seattle, Washington
 M.A., China Regional Studies, 1977
 CARLETON COLLEGE, Northfield, Minnesota
 B.A., Asian Studies, 1973
 

PROFESSIONAL & COMMUNITY ACTIVITIES
Speaking Experience:

  • CDAA Real Estate Fraud Seminar, 2009
  • CDAA Consumer Protection Prosecution Conference, 2007, 2008, 2009
  • Extensive trainings on legal issues to law firm clients, 1994-2005
  • National Employment Law Institute, San Francisco, May 2003
  • CEB, Fundamentals of Wrongful Employment Termination Practice, September 2002 and 2000
  • California Center for Judicial Education and Research, January 2001
  • City of Torrance, California, September 1995
  • N.E.H. Conference on 20th Century China, Tulsa, Oklahoma, April 1986
  • China Institute, New York City, March 1986
  • Fletcher School of Law and Diplomacy, Boston, February 1986
  • American Council of Learned Societies, New York City, February 1984


Norris Washington, is a staff attorney with the Federal Trade Commission's Western Region - San Francisco Office. Mr. Washington is a graduate of the University of Washington, and graduated cum laude from Seattle University Law School. Before joining the San Francisco Office of the Federal Trade Commission, Norris worked in the Energy and Food Division of the FTC in Washington DC, where he focused on investigations in the natural gas, oil, computer and chemical industries. Mr. Washington was involved in  FTC v.Pacific Resources, Inc., a merger between two petroleum terminal operators in the State of Hawaii, FTC v. Elders Grain, Inc., 868 F.2d 901 (7th Cir. 1989), a proposed merger of two dry corn milling operators and was lead litigation counsel in FTC v. Freeman Hospital, et al., an effort to block a hospital merger in Joplin, Missouri. In San Francisco, Mr. Washington has been involved in investigations involving the health care, petroleum and technology industries.


Phillip H. Warren has been Chief of the San Francisco Office, Antitrust Division, U.S. Department of Justice since 2002. He has 30 years of antitrust enforcement experience. He also has led or supervised more than 65 international cartel investigations. These matters have resulted in dozens of corporate prosecutions in which fines of over $10 million have been imposed, have resulted in prison terms for many high-level corporate executives, and have yielded a total of over $2.1 billion in criminal fines. Mr. Warren is a graduate of UCLA School of Law.


Scott Sher is a partner in Wilson Sonsini Goodrich & Rosati's Washington, D.C., office, where his practice focuses on antitrust counseling and litigation. He represents technology clients in connection with antitrust issues that arise throughout the merger and acquisition process, from pre-merger counseling through investigations conducted by the Department of Justice, the Federal Trade Commission, and foreign regulatory agencies. In addition, Scott has significant experience providing both day-to-day counseling and litigation representation to clients on issues pertaining to joint ventures, the Robinson-Patman Act, pricing and distribution, trade association and patent pooling matters, and the Sherman Act.

Scott's representations have included a number of cutting-edge cases involving the intersection of antitrust and intellectual property law. He specializes in working with companies in the software, biotechnology, semiconductor, telecommunications, computer hardware, Internet infrastructure, and e-commerce industries.

Scott currently serves as vice chair of the Intellectual Property Committee within the American Bar Association's Antitrust Law Section, and previously served as vice chair of the Mergers and Acquisitions Committee. Scott has also been editor of the Antitrust Law Journal, the flagship publication of the Antitrust Law Section, and regularly contributes antitrust articles to law journals and industry-specific publications.

Prior to joining Wilson Sonsini Goodrich & Rosati, Scott clerked for both the Honorable Joseph T. Sneed III of the U.S. Court of Appeals for the Ninth Circuit in San Francisco and the Honorable Charles A. Legge of the U.S. District Court for the Northern District of California.
Scott formerly served as a member of the firm's Policy Committee.

SELECT REPRESENTATIONS:
Scott has provided antitrust representation to clients with respect to the following matters:
- Represented Sun Microsystems in connection with its acquisition by Oracle Corporation, working with the Department of Justice to dispel any concern that the transaction would cause any lessening of competition in the JAVA or database markets
- Represented Nuance with regard to its acquisitions of VoiceSignal, Philips Speech Recognition Services, and eScription, in connection with Department of Justice investigations into whether the transactions would lessen competition in the speech recognition market 
- Represented Google before the Federal Trade Commission and other regulatory and political fora in connection with the company's acquisition of DoubleClick. After the issuance of a Second Request, the FTC closed its investigation in December 2007, noting that the acquisition of DoubleClick was unlikely to substantially lessen competition. 
- Successfully defended private equity fund Vector Capital after the company was sued along with Francisco Partners by a class of WatchGuard Technologies investors who claimed that the two funds had colluded in their bidding to acquire WatchGuard voting securities. The firm secured the first-ever published opinion from the Western District of Washington concluding that such joint bidding does not implicate the antitrust laws. 
- Represented Brocade Communications Systems in connection with the FTC's investigation and Second Request regarding Brocade's proposed acquisition of McDATA Corporation. The FTC ultimately voted to clear the acquisition in January 2007. 
- Successfully defended University of Pittsburgh Medical Center after it was sued by rival West Penn Allegheny Medical System, which claimed that UPMC conspired with a leading health-insurance firm and took steps to exclude WPAMS from the market. The complaint was dismissed in its entirety. 
- Represented Autodesk in connection with antitrust issues arising through its acquisitions of Revit, Alias, and SoftImage, leading developers of 3D-graphics technology for the architecture, media, and entertainment industries

EDUCATION: 
- J.D., University of California, Hastings College of the Law, 1997
Cum Laude
- B.S., Economics, Wharton School of the University of Pennsylvania, 1994
Cum Laude
- B.A., Urban History, University of Pennsylvania, 1994
Cum Laude

HONORS: 
- Recognized by The Deal as one of eight attorneys who represent the "best up-and-coming talent in transactional lawyering," 2010 
- Named one of the world's 40 leading competition lawyers under the age of 40 by Global Competition Review, May 2008 
- Selected for inclusion in the 2008, 2009, 2010, and 2011 editions of The International Who's Who of Competition Lawyers & Economists

ADMISSIONS: 
- Bar of the District of Columbia 
- State Bar of California 


Yasir Elbiali
Senior Counsel                          
Mitsubishi Electric & Electronics USA, Inc.

Primary Areas of Practice:
 General Corporate

Law School:
 University of California, Berkeley

Memberships:
 State Bar of California, State Bar of Texas


Bob Taylor is the founder and owner of RPT Legal Strategies PC in San Francisco and Palo Alto, providing legal and business advice to companies and investors with respect to all aspects of intellectual property and related fields of endeavor.  He also serves as a Venture Advisor to New Enterprise Associates and as a patent law expert for the National Venture Capital Association.

For more than 30 years, Bob focused primarily on intellectual property litigation, serving as lead trial counsel and/or appellate counsel in dozens of patent, copyright, trade secret and antitrust cases involving a wide range of technologies and industries.  He is a Fellow of the American College of Trial Lawyers,  a former chair of the Antitrust Section of American Bar Association, and a Lifetime Member of the American Law Institute.

Bob has written and lectured extensively on the business and legal problems associated with both intellectual property protection and the laws related to competition.  He served for several years as the co-chair of the Antitrust Committee of Intellectual Property Owners Association and also as a Member of IPO’s Amicus Committee.  Bob also served as a member of the 1992 Commission on Patent Law Reform.

Bob holds a J.D degree from Georgetown University Law Center and was a member of the editorial board of the Georgetown Law Journal.  He holds a B.S.E.E degree from the University of Arizona and was elected to Tau Beta Pi. 


Holly House is an Antitrust and Competition partner in the Litigation Department of Paul Hastings. Her practice focuses on antitrust and trade regulation matters as well as complex commercial disputes. Ms. House has successfully represented premier clients as both plaintiffs and defendants in myriad types of commercial, intellectual property and class action disputes, including at several notable trials.

Ms. House is the past chair of the California State Bar’s Antitrust and Unfair Competition Law Section. For the past five years, she has been selected one of the "Top 250 Women in Litigation" nationwide, one of the top 50 women lawyers in Northern California, and a national and local "Litigation Star." She also has been honored as one of the "Top 100 California Women Lawyers” by the Daily Journal every year since 2010, one of the Best Lawyers in America since 2005, and a Northern California “Super Lawyer” since this peer award was first offered. Ms. House has also repeatedly been named one of the top antitrust lawyers in the United States by Chambers USA, where sources single her out as “a reliable and responsive, business-savvy practitioner” and "a long-standing, diligent antitrust attorney -- she commands great respect."

Accolades and Recognitions

  • Benchmark Litigation, Top 250 Women in Litigation (2013–2016)
  • Benchmark Litigation, Local Litigation Star, California (2013–2016)
  • Benchmark Litigation, National Litigation Star (2017)
  • Top (100) Women Lawyers/Top 75 Women Litigators, Daily Journal (2010–2015)
  • Top 50 Women Lawyers, Northern California, Super Lawyers (2011, 2012, 2015, 2016)
  • Best Lawyers in America, leading lawyer in Litigation - Antitrust Law (2005–2016)
  • Chambers USA, leading lawyer in Antitrust (California) (2004, 2007, 2009–2016)
  • Global Competition Review: Who's Who Legal: Leading Practitioner Competition (2016)
  • Super Lawyers, Northern California (2004–2015)
  • Oracle v. SAP — Top Plaintiff Verdict, Daily Journal (2011)
  • Super Lawyers Corporate Counsel Edition, Top Attorney in Corporate Litigation (Antitrust) (2009)
  • PLC Cross-Border Competition and Leniency Handbook, prominent practitioner in the antitrust field (2007–2009)

Professional and Community Involvement

  • Bar  Association of San Francisco, Chair – Complex Litigation Executive Committee (2016–2017); Vice-Chair (2015–2016); Secretary (2014–2015)
  • San Francisco Intellectual Property Law Association – Board Director (2015–2016)
  • Adviser, State Bar of California’s Antitrust and Unfair Competition Section (2005–present)
  • Chair of Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (2004–2005)
  • First vice chair, vice chair (Golden State Institute), secretary-treasurer and editor of Competition, Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (past)
  • ABA Antitrust Section


Promoting Fair Competition in Technology Markets

A dedicated antitrust and securities fraud litigator, Brendan P. Glackin possesses a wealth of litigation and trial experience.

Brendan’s successful cases at Lieff Cabraser include, most recently, the High-Tech Employees class action alleging that major Silicon Valley firms colluded to reduce competition for workers. Brendan successfully argued for certification of a class of over 64,000 employees of seven different companies; after vigorous litigation the High-Tech team recovered a total of $435 million, the largest recovery ever in an employee class action against private employers.

In 2013, Brendan represented direct purchasers of titanium dioxide in a nationwide antitrust class action lawsuit. The complaint alleged that defendants coordinated increases in the prices for titanium dioxide despite declining demand, decreasing raw material costs, and industry overcapacity. After litigating the case to within days of trial, the class reached a series of settlements totaling $163.5 million.

Brendan also played a significant role in litigation against a cartel of the world’s leading liquid crystal display (LCD) manufacturers. Over the course of the litigation, the direct purchaser class reached settlements with all defendants except Toshiba. The case against Toshiba proceeded to trial. Brendan, working under Co-Lead Counsel Richard Heimann, put on all expert testimony for the plaintiffs, examined numerous other witnesses, and argued motions in limine and jury instructions. In July 2012, the jury found Toshiba liable. The case was subsequently settled, bringing the total direct purchaser settlements in the LCDs antitrust litigation to over $470 million.

In 2011, Brendan was one of the trial counsel for distributors and retailers in an antitrust class action against Abbott Laboratories charging that the company quintupled the price of Norvir, a crucial AIDS “booster” drug, in order to force patients to reject superior competing drugs in favor of Abbott’s combination therapy, Kaletra. After opening statements and the presentation of four witnesses and evidence to the jury, plaintiffs and Abbott Laboratories entered into a $52 million settlement.

Brendan presently serves on the Lieff Cabraser team representing The Charles Schwab Corporation in a suit against the world’s major banks for allegedly manipulating the London Interbank Offered Rate (LIBOR), which is used as a global reference rate by financial institutions. Brendan also serves on the Lieff Cabraser team representing the indirect purchaser class in the lithium-ion batteries price-fixing case.

Brendan is a frequent speaker on antitrust law and complex class actions. He also teaches trial advocacy through the National Institute for Trial Advocacy (NITA). As a Deputy Public Defender in Contra Costa County, Brendan took more than twenty felony and misdemeanor cases to trial.

 

Areas of Practice

Antitrust & Intellectual Property
Securities & Investor Fraud

 

Education

Harvard Law School, Cambridge, Massachusetts

J.D. (Cum Laude) - 1998

University of Chicago, Chicago, Illinois

A.B. - 1995

 

Bar Admissions

California, 1998

New York, 2000

U.S. Court of Appeals 2nd Circuit, 2013

U.S. Court of Appeals 9th Circuit, 2004

U.S. District Court Central District of California, 2001

U.S. District Court Eastern District of California, 2001

U.S. District Court Northern District of California, 2001

U.S. District Court Southern District of California, 2001

U.S. District Court District of Colorado, 2001

U.S. District Court Southern District of New York, 2001

 

Professional Associations and Memberships

Bar Association of San Francisco Antitrust Section, Executive Committee State Bar of California

 

Honors and Awards

“Super Lawyer for Northern California,” Super Lawyers, 2013 - 2014

 


As Chief Compliance Officer for Intel Corporation, Jo Levy is responsible for Intel's worldwide ethics and legal compliance program. Under her leadership, Intel has built upon its strong ethical culture and enhanced its anti-corruption, antitrust, subsidiary, and global compliance programs. She also oversees internal investigations directed by the Legal Department and serves as co-chair of Intel’s Ethics & Compliance Oversight Committee.

Ms. Levy began her career as a litigation attorney, developing more than two decades of experience in class action, intellectual property, product liability, and aviation litigation. She joined the Intel Litigation Group in 2003. She has served as a court-appointed lawyer representative for the Northern District of California, a Conference Executive Committee member for the Ninth Circuit Judicial Conference, a volunteer court-appointed mediator on behalf of the Northern District of California ADR Program, and a faculty instructor for the National Institute of Trial Advocacy. Ms. Levy is a graduate of Harvard Law School and Brandeis University.


Harvey heads up the legal department of this 80-year-old national distributor of headwear and bags for the sporting and promotional goods industry.  His practice focuses on antitrust and price discrimination issues as well as arbitration and litigation. He also covers matters arising in the trademark and copyright arena. Harvey also teaches a course in advertising law at UCLA Law School.

Harvey received a Bachelor of Arts degree in English Literature  from the University of California at Berkeley in 1965, and a Juris Doctor degree from Harvard  University School of Law in 1968. Prior to joining Sportsman in 2017, Harvey was a partner in various law firms in Los Angeles, including Munger Tolles & Olson, Irell & Manella, Fried Frank, Chadbourne & Parke, and Mintz Levin.

Harvey  speaks and writes frequently on trade regulation issues as well as legal ethics involving the State Bar of California, where Harvey was President, and the Federal Trade Commission, where Harvey served as a Regional Director and an Assistant to Federal Trade Commissioner Elman.