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Antitrust Institute 2014: Developments & Hot Topics


Speaker(s): Daniel G. Swanson, David I. Gelfand, Gil Ohana, Harvey I. Saferstein, Harvey M. Applebaum, Holly A. House, Hon. Maureen K. Ohlhausen, Janet L. McDavid, Margaret M. Zwisler, Molly S. Boast, Patricia A. Conners, Rachel C. Brandenburger, Robert P. Taylor, Saul P. Morgenstern, Stephen R. Neuwirth, Theodore L. Banks, Yvonne S. Quinn
Recorded on: May. 5, 2014
PLI Program #: 51008

Molly Boast is a partner in the Litigation/Controversy and Regulatory and Government Affairs Departments, and a member of the Antitrust and Competition and Government and Regulatory Litigation Practice Groups. She joined the firm in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice.

Practice

Molly Boast joined the firm as a litigator in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice. She has more than 30 years of experience in both senior federal government positions and private practice.

In her position as Deputy Assistant Attorney General, Ms. Boast was responsible for all civil enforcement investigations, including NBC/Comcast and Oracle/Sun Microsystems, and obtained the Division’s first judicial decision recognizing its authority to seek disgorgement.

Prior to joining the DOJ, Ms. Boast was a partner at Debevoise & Plimpton LLP where she chaired the antitrust practice group. Her practice focused on litigation, white-collar investigations, antitrust counseling and merger review.

From 1999-2001, Ms. Boast served as Deputy Director and then Director of the Bureau of Competition at the Federal Trade Commission. There, she oversaw several competition investigations and enforcement actions during the “merger wave” of the 1990s. Prominent mergers include Exxon-Mobil, BP-Arco, Glaxo-SmithKline, Dow-Union Carbide, and AOL-Time Warner.

From 1988-1999 Ms. Boast was a partner at LeBoeuf, Lamb, Greene & MacRae in New York City, where she chaired the litigation department. Most notably, she argued before the US Supreme Court in Hartford Fire v. State of California in 1993. In 1992, Ms. Boast was appointed Special Assistant United States Attorney General for the Independent Counsel Investigation of Banca Nazionale del Lavoro at the US Department of Justice.

Ms. Boast has spoken at dozens of programs on the topics of antitrust, litigation and women in the law. She is also the author of numerous papers and publications.

Professional Activities

Ms. Boast is admitted to practice in the US District Courts for the Southern and Eastern Districts of New York and the US Courts of Appeals for the First, Second Third, Ninth and Tenth Circuits.

Ms. Boast is a past chair of the Federal Courts Committee of the Association of the Bar of the City of New York. She has previously held positions on the governing bodies of the Antitrust Law and Section of Litigation, and the New York State Bar Association's Antitrust Section. Ms. Boast is the first woman to have chaired the federal courts committees of both the Federal Bar Council and the New York City Bar Association.

Honors & Awards

  • Received the 2013 William T. Lifland Service Award from the NYSBA Antitrust Law Section for distinguished service
  • Recognized by Chambers USA in 2007 and 2009 for her work in the antitrust field
  • Selected for inclusion in the 2007 edition of Legal 500
  • Recognized as a leader in the antitrust field in The Global Competition Review Handbook
  • Highly-recommended in the field of antitrust law in the 2006 edition of PLC Which Lawyer?
  • Recognized in New York Super Lawyers - Metro from 2006-2008 and in 2012 for her work in the antitrust field

Practice Area

  • Litigation/Controversy
    • Government and Regulatory Litigation
  • Regulatory and Government Affairs
    • Antitrust and Competition

Education

JD, Columbia University Law School, 1979, Harlan Fiske Stone Scholar, Jane Marks Murphy Prize

MS, Journalism, Columbia University, 1971

BA, with honors, College of William and Mary, 1970

Bar Admissions

New York

United States Supreme Court


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. 


Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson has been a trial and appellate litigator for over 30 years, and has Co-Chaired Gibson Dunn’s highly-regarded Antitrust and Competition Practice Group since 1996.  His practice focuses on U.S., EU and international antitrust and competition law, including trial and appellate litigation, class actions, criminal investigations and cartel defense, merger review and government civil investigations, regulatory and competition policy matters, and antitrust counseling.  
Mr. Swanson is a member of the California and Brussels Bars and is a solicitor of England and Wales and of the Republic of Ireland.  He graduated magna cum laude from Harvard Law School in 1984 and holds a Ph.D. in economics from Harvard University. 

Chambers USA reports that “Daniel Swanson has a vast amount of antitrust expertise covering everything from merger investigations to civil and criminal litigation” and describes him as “a highly adept trial lawyer” and as “a ‘tough opponent’ in civil and criminal litigation, alleged cartel matters and IP-related issues.”  WHO’S WHO LEGAL comments that “Daniel Swanson … scores very highly for his ‘tenacious and persuasive’ litigation practice across a wide range of competition matters.”  THE U.S. LEGAL 500 places him in a small group of Leading Lawyers for Antitrust—Civil Litigation/Class Actions.  The Institutional Investor’s BENCHMARK LITIGATION GUIDE ranks Mr. Swanson as an Antitrust “Litigation Star,” and he has twice been named Best Lawyers’ Antitrust Law “Lawyer of the Year” for Los Angeles, most recently in 2016.  

Mr. Swanson is Senior Vice Chair of the Antitrust Committee of the International Bar Association.  He previously served as Co-Chair of the ABA Antitrust Section’s International Committee (2002-06).  He teaches antitrust law at the LSIW Program of the Executive School of Management, Technology and Law of the University of St. Gallen, Switzerland.  He is also a member of the Competition Section of the Law Society of England and Wales.

Mr. Swanson regularly handles antitrust and competition matters involving patents, copyrights and other intellectual property rights.  He is the author (with Prof. William J. Baumol) of Reasonable and Nondiscriminatory (RAND) Royalties, Standards Selection, and Control of Market Power, 73 Antitrust L.J. 1 (2005) and The New Economy and Ubiquitous Competitive Price Discrimination: Identifying Defensible Criteria of Market Power, 70 Antitrust L.J. 661 (2003).  Mr. Swanson has also served as a Non-Governmental Advisor (NGA) to the International Competition Network (ICN) Unilateral Conduct Working Group in its work focused on monopolization and dominance law.

 


Gil Ohana is Senior Director, Antitrust and Competition for Cisco Systems, the leading manufacturer of networking equipment for the Internet. Gil regularly advises Cisco on antitrust issues relating to mergers and acquisitions, joint ventures, standard setting, distribution, intellectual property licensing, and government investigations, and government and private litigation. Gil writes and speaks regularly on antitrust issues in mergers and acquisitions, as well as IP licensing, standard-setting, antitrust issues in patent litigation, and other subjects at the intersection of antitrust and intellectual property law. He has participated in discussions of standards development organization IPR policies at leading SDOs such as ANSI, ETSI, IEEE-SA, and IETF.

From 1993 through 1996, Gil was a trial attorney with the Antitrust Division of the U.S. Department of Justice, where he participated in the Division's investigation of Microsoft's software licensing practices and its successful court challenge to Microsoft's proposed acquisition of Intuit.

Gil received his law degree from Columbia University, where he was articles editor of the Law Review, and his B.A. from Harvard College. He is admitted to the bars of California and the District of Columbia.


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


Jan McDavid is a partner in the Washington, D.C. office of Hogan Lovells, where she is co-chair of the antitrust practice.  She focuses on antitrust and trade regulation litigation and counseling, with a particular emphasis on government investigations, litigation, and legislation.  She has served as counsel in a number of significant antitrust matters, including for SAB Miller in its proposed transaction with ABInBev, Alstom is its transaction with GE, Verizon in its joint venture with Comcast and other cable TV companies, Verizon’s acquisition of Terremark, American Express in its acquisition of Revolution Money, Mandalay Resort Group in its merger with MGM Mirage, Mobil Corporation in its merger with Exxon, Carnival Corporation in its acquisition of P&O Princess, Ford in the formation of several joint ventures, American Express in the Justice Department's investigation and successful litigation against Visa and MasterCard, EMI in the Justice Department’s investigation of online music, and General Dynamics in its many defense industry transactions.

She is Co-Chair of the International Bar Association Antitrust Committee 2016-17.  She is a Past Chair of the Section of Antitrust Law of the American Bar Association.  She is a Non-Governmental Advisor to the International Competition Network.  She was a member of the Governing Committee of the ABA Forum on Franchising.  She is the author or co-author of many books and articles involving antitrust law, including the Antitrust Evidence Handbook, Mergers & Acquisitions and Antitrust & Trade Associations Practice Guide, all published by the ABA Antitrust Section, Antitrust Investigations: Successfully Managing Your Relationship with Agency Staff and Increasing Your Chances for Approval; New Merger Guidelines Emphasize Flexibility; Damages Cases in Europe, Dominant Firm Conduct, Merger Review Processes in the United States and the European Union: A Comparison, How to Avoid Negotiations on Second Requests, Antitrust Law: Intersection with IP, The Defense of Mergers in the Defense Industry, Antitrust Issues in Health Care Reform, and The 1992 Horizontal Merger Guidelines:  A Practitioner's View of Key Issues in Defending a Merger.  She is a frequent speaker on antitrust issues.

Ms. McDavid was an Advisor to the Transition Team for the Federal Trade Commission for the Obama Administration in 2008 and for the Bush Administration in 2001 and was a member of the Transition Team for the FTC for the Clinton Administration in 1992.  She also served as Co-Chair of the ABA Antitrust Section's Transition Task Force, which provided advice to the Obama Administration, and its Task Force on Competition Policy, which provided advice on antitrust issues to the Clinton Administration.  In 1993-94, she was a member of the Department of Defense Antitrust Task Force, which was appointed by the Secretary and the General Counsel of the Defense Department to advise on antitrust issues involved in defense industry mergers and joint ventures.  In 1996-97, she was a member of a Department of Defense Task Force to evaluate issues raised by Vertical Integration and Supplier Decisions among defense contractors.


Patricia Conners is Chief Associate Deputy Attorney General under Florida Attorney General Ashley Moody, overseeing the Antitrust, Consumer Protection, Lemon Law Arbitration, and Civil Rights Divisions as well as other units. She was the supervising attorney in the state's lawsuit against BP and others resulting from the Deepwater Horizon oil spill disaster as well as the supervising attorney representing Florida in the multistate negotiations with the five major mortgage servicers over various issues arising from the foreclosure crisis.  Currently, she is the supervising attorney in the state’s opioids litigation.

In addition to her general management responsibilities, Ms. Conners continues to serve as the Director of the Antitrust Division for the Attorney General's Office, where, since 1995, she has been responsible for implementing and overseeing the Attorney General's state and federal antitrust enforcement efforts.

She is board-certified in Antitrust and Trade Regulation by the Florida Bar and is a past chair of the Antitrust and Trade Regulation Certification Committee of the Florida Bar. She is also active in the Antitrust Law section of the ABA, where she has held a variety of leadership positions.

She was Chair of the NAAG Multistate Antitrust Task Force from 2001 to 2005, a position through which she coordinated multistate antitrust enforcement efforts and developed and ensured the implementation of policy related to Task Force initiatives.

Ms. Conners received both her undergraduate and J.D. degrees from the University of Florida.


Peggy Zwisler is a partner in the Litigation Department of Latham & Watkins' Washington, D.C. office. She is the immediate past Global Co-chair of Latham's nationally recognized Antitrust & Competition Practice.

Ms. Zwisler is an antitrust litigator with more than 35 years of experience. She has successfully represented antitrust defendants in numerous trials and achieved significant victories for them through both procedural and substantive dispositive motions. She is nationally recognized as one of the leading class action defense lawyers in the country, and has represented companies in antitrust class actions that involve, among other products, motor vehicles, chemicals, artificial teeth, contact lenses, graphics processing units, residential doors, grain, smokeless tobacco, insulation, pharmaceuticals and plumbing fixtures.

Recently, Law360 named Ms. Zwisler to its list of the 15 top female trial attorneys in the country. The Legal 500 US has twice listed Ms. Zwisler as one of the ten leading antitrust litigation lawyers in the United States, calling her “a very skilled practitioner” and noting that she is "lauded by clients for her skills in the courtroom.” She has been named a leading attorney in Chambers USA, Euromoney Benchmark Litigation and Global Competition Review's “Who's Who of International Competition Lawyers” as well as on its list of “Leading Women in Antitrust.” Ms. Zwisler was named one of the leading lawyers in the United States and one of the country's leading trial lawyers by Lawdragon Magazine, and the Legal Times named her as one of the leading business litigators in the Washington, D.C. area. In 2012, Ms. Zwisler was named a “Client Service All-Star,” in BTI Consulting Group’s annual survey of US corporate leaders asked to identify lawyers that represent client service excellence. Additionally, Ms. Zwisler was selected for inclusion on the 2013 Washington, D.C. Super Lawyers list which recognizes individuals who have distinguished themselves in their legal practice.

Bar Qualification

District of Columbia

Education

JD, George Washington University Law School, 1976
High Honors

BA, Saint Mary's College, Notre Dame, Indiana, 1971
cum laude


RACHEL C. BRANDENBURGER
Senior Advisor, New York

Rachel Brandenburger is a Senior Advisor in Hogan Lovells' Antitrust, Competition and Economic Regulation practice. She is recognized as a leading international antitrust and competition law and policy advisor. Rachel is a foreign legal consultant in New York and a qualified solicitor in England and Wales.

Rachel focuses on proceedings before European and other international antitrust agencies. She has appeared before antitrust, competition, and regulatory agencies around the world in matters involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels.

From 2010 to 2013, Rachel was Special Advisor, International to the Antitrust Division of the U.S. Department of Justice (DOJ). She advised on many Antitrust Division matters that involved extensive cooperation efforts between the Antitrust Division and its international counterparts, including the Deutsche Boerse/NYSE transaction, the merger between United Technologies Corporation and Goodrich Corporation, the eBooks investigation, revised best practices regarding cooperation in merger investigations with the European Commission, and memoranda of understanding with the Chinese and Indian antitrust agencies.

Rachel was also a partner at a leading international firm where she lead many cases involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels before the European Commission, the UK competition and regulatory agencies, and other antitrust, competition and regulatory agencies around the world.

Rachel is a frequent speaker on international antitrust and competition law and policy issues, and the author or co-author of many papers and publications on these issues. She is also a member of the editorial boards of Competition Policy International's Antitrust Chronicle and the International Bar Association's Competition Law International. Currently, she serves as Non-Governmental Advisor to the International Competition Network.

She is listed as a leading international antitrust and competition law and policy advisor in many guides and directories and named as one of the top 20 such advisors globally.

HOGAN LOVELLS PUBLICATIONS

"Streamlining the Chinese merger control process - further implementing rules issued." Hogan Lovells (21 April 2014)

PRACTICES

Government Regulatory
Antitrust, Competition and Economic Regulation

EDUCATION

B.A., with honors, University of Oxford, St Hilda's College, 1976

AWARDS / RANKINGS

U.S. Department of Justice's Antitrust Division Award of Distinction, 2011

MEMBERSHIPS

  • Non-Governmental Advisor, International Competition Network
  • Member, U.K. Department of Trade and Industry's Panel of Experts on the Modernization of EU Law
  • Member, American Bar Association (ABA), 1996-Present; Member, ABA Section of Antitrust Law's International Task Force, 2005-2009, 2012-Present; non-U.S. Representative on the Council of the Section of Antitrust Law, 2010-2013; Member, Section's Long Range Planning Committee, 2009-2010; Member, Presidential Transition Report Task Force, 2008-2009
  • Member, International Bar Association, 1996-Present; Member, Extraterritorial Jurisdiction Task Force, 2007-2008
  • Member, Competition Group of The Law Society of England and Wales, 1988 - Present; Chair, 2000-2001

BAR ADMISSIONS / QUALIFICATIONS

England and Wales


Saul Morgenstern is a senior antitrust and litigation partner at Arnold & Porter Kaye Scholer LLP, resident in the New York Office.  He regularly represents US and global companies across a broad spectrum of industries in complex antitrust and other commercial disputes, class actions and multijurisdictional litigation before US federal and state courts, international arbitral tribunals, and in US government, state and foreign investigations. Saul also advises clients with respect to the antitrust implications of mergers, acquisitions, joint ventures, trade association activities, distribution and pricing programs and other aspects of competitor and customer relations. 

Saul is ranked as a leading antitrust practitioner by both Chambers Global and Chambers USA, listed by Legal 500 for Cartels and Civil and Class Action litigation, and was a 2017 Law360 Competition MVP.  He speaks and writes regularly on antitrust and compliance issues facing US and multi-national businesses, and has co-chaired the Practising Law Institute's two-day annual Antitrust Law Institute for several years.  He received his J.D. with distinction from the Hofstra University School of Law in 1982, and his B.S. from Boston University in 1974.


Stephen Neuwirth
Partner

Practice Areas

Antitrust and Trade Regulation
Appellate Practice
Class Action Litigation
Plaintiffs' Litigation
Securities Litigation
Transnational Litigation

Biography

Stephen Neuwirth chairs Quinn Emanuel’s Antitrust and Competition Law practice, recognized by Law360 in 2011 as one of the top five competition law practices in the country. (Law360 also recognized Mr. Neuwirth as one of eight competition law “MVPs” nationwide in 2012.) Mr. Neuwirth handles a broad range of litigation matters, with particular emphasis on antitrust, contract disputes, corporate governance, class actions, and matters arising from transactions between foreign and U.S. businesses. Mr. Neuwirth brings to bear over two decades of experience in private practice and government, including serving as Associate White House Counsel to President Clinton from 1993-1996. In 1998, the U.S. Department of Justice retained Mr. Neuwirth to assist in the Antitrust Division’s litigation against Microsoft Corporation. Mr. Neuwirth is the rare lawyer with a “blue chip” practice on both sides of the “v,” representing major corporations as plaintiffs and defendants in individual and class actions. Chambers USA (2008) described Mr. Neuwirth as “renowned for his deep understanding of corporate transactions and antitrust matters.” Mr. Neuwirth appears in the 2013 edition of The Best Lawyers in America.

Representative Clients

Barnes & Noble, Inc.
FEMSA
Grupo Televisa
Harley Davidson, Inc.
The Home Depot
Honeywell International, Inc.
IBM Corporation
Madison Square Garden
Olin Corporation
Unisys Corporation

Notable Representations

As lead counsel for Mexico's Grupo Televisa, the world's largest Spanish-language media company, won federal preliminary injunction blocking JPMorgan from transferring to a Televisa competitor a $200 million interest in a loan JPMorgan had made to Televisa's cable television business.

Co-lead counsel for Barnes & Noble, Inc., in defense of state and federal derivative actions concerning the company’s stock option practices, and related matters.

Lead counsel for Mexico’s Grupo Televisa in its successful Eleventh Circuit appeal of a district court ruling that had dismissed Televisa’s tortious interference with contract claims against rival Telemundo Communications, Inc.; a unanimous panel of the Eleventh Circuit ruled that Televisa could pursue both damages and punitive damages under Florida law.

Lead counsel for IBM in its successful defense of class action antitrust claims. Lead trial and appellate counsel for FEMSA, which obtained a preliminary injunction, upheld by the U.S. Court of Appeals for the Second Circuit, blocking a proposed $300 million transaction by the U.S. joint venture partner of FEMSA’s U.S. subsidiary.

As court-appoint co-lead counsel for plaintiffs, won certification of a nationwide class of direct purchasers of flexible polyurethane foam (used in furniture, bedding and carpet underlay, among other things), in federal multidistrict litigation alleged that the major polyurethane foam manufacturers conspired to fix prices.

For Honeywell International, won dismissal of all claims by a disgruntled former distributor that sued in federal court.

Secured voluntary dismissal of all claims against client Rabobank in the federal multidistrict litigation alleging a bid-rigging conspiracy in the market for municipal derivatives.

Education

Yale Law School
(J.D., 1987)

Yale College
(B.S., summa cum laude, Phi Beta Kappa, 1984)

Prior Associations

Boies, Schiller & Flexner:
Partner, 1996-2005

Associate White House Counsel to the President of the United States, 1993-1996

Wachtell, Lipton, Rosen & Katz:
Associate, 1988-1993

Law Clerk to the Hon. Peter K. Leisure:
United States District Judge, Southern District of New York, 1987-1988

Admissions

Member, The State Bar of New York; United States Court of Appeals: Second Circuit, Third Circuit, Fourth Circuit, Eleventh Circuit; United States District Court: Southern District of New York, Eastern District of New York


Dave’s practice focuses on a broad range of antitrust matters, including merger reviews, litigation, government investigations, and counseling regarding various business practices. He returned to Cleary Gottlieb in July 2016 after serving for three years as the Deputy Assistant Attorney General for Litigation of the Antitrust Division of the U.S. Department of Justice, where he oversaw the Division’s litigation efforts.

During his time at the DOJ, the agency was active in litigating cases, including merger challenges against American Airlines/US Airways, General Electric/Electrolux, and Halliburton/Baker Hughes. Dave was the lead litigator in Halliburton/Baker Hughes, which was abandoned by the parties after one month of litigation. He was closely involved in the GE/Electrolux lawsuit, which GE abandoned after a month-long trial. He also oversaw the merger review of Comcast’s proposed acquisition of Time Warner, which was abandoned after the DOJ and the FCC informed the parties that they had significant competitive concerns.

In 2016, The National Law Journal named him an antitrust “Trailblazer.” Prior to joining the DOJ in 2013, Dave was distinguished as one of the leading antitrust lawyers by Chambers Global, Chambers USA, The Legal 500 U.S., and Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms and Attorneys.

Dave received his J.D. from Georgetown University Law Center, summa cum laude, and his B.S. from University of Pennsylvania, Wharton School of Business, magna cum laude.


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.


Harvey Applebaum is a senior counsel in Covington & Burling's Antitrust and International Trade Practices. His antitrust and consumer protection practice includes Department of Justice and FTC investigations and litigation, both civil and criminal;
private antitrust litigation; and a diverse counseling practice, including distribution, price discrimination, competitor arrangements, mergers and joint ventures, intellectual
property, and trade associations.

Mr. Applebaum's international trade practice involves International Trade Commission, Commerce Department and U.S. Trade Representative proceedings under the antidumping and countervailing duty laws, Section 201 of the Trade Act and other trade laws, and WTO and NAFTA dispute matters. He also has an active practice in customs law matters, including classification, valuation, foreign origin, compliance reviews, NAFTA, and penalty proceedings. He has been regularly involved in trade law and customs law judicial appeals.

Mr. Applebaum is a former Chairman of the American Bar Association Antitrust Law Section, was the first Chairman of the Editorial Board of ABA Antitrust Law Developments, was Chairman of the Section's Robinson-Patman Act Committee, and has been a member of several Antitrust Section task forces. 

Mr. Applebaum conducted an antitrust practice seminar at Virginia Law School for over fifty years. He has written numerous articles on antitrust law and international trade law subjects. He has participated regularly in continuing legal education seminars and programs and has regularly chaired programs on antitrust and trade law topics. For example, he speaks regularly on the Robinson-Patman Act at the PLI Annual Antitrust Institute in New York

 


Maureen K. Ohlhausen was sworn in as a Commissioner of the Federal Trade Commission on April 4, 2012, to a term that expires in September 2018. Prior to joining the Commission, Ohlhausen was a partner at Wilkinson Barker Knauer, LLP, where she focused on FTC issues, including privacy, data protection, and cybersecurity. Ohlhausen previously served at the Commission for 11 years, most recently as Director of the Office of Policy Planning from 2004 to 2008, where she led the FTC’s Internet Access Task Force. She was also Deputy Director of that office. From 1998 to 2001, Ohlhausen was an attorney advisor for former FTC Commissioner Orson Swindle, advising him on competition and consumer protection matters. She started at the FTC General Counsel’s Office in 1997.

Before coming to the FTC, Ohlhausen spent five years at the U.S. Court of Appeals for the D.C. Circuit, serving as a law clerk for Judge David B. Sentelle and as a staff attorney. Ohlhausen also clerked for Judge Robert Yock of the U.S. Court of Federal Claims from 1991 to 1992. Ohlhausen graduated with distinction from George Mason University School of Law in 1991 and graduated with honors from the University of Virginia in 1984.

Ohlhausen was on the adjunct faculty at George Mason University School of Law, where she taught privacy law and unfair trade practices. She served as a Senior Editor of the Antitrust Law Journal and a member of the American Bar Association Task Force on Competition and Public Policy. She has authored a variety of articles on competition law, privacy, and technology matters.


Theodore L. Banks (Ted) is a partner in the firm of Scharf Banks Marmor LLC in Chicago, where his practice concentrates on general corporate and antitrust matters. He is also President of Compliance & Competition Consultants, LLC, a firm devoted to assisting corporations in development of effective and efficient programs in the areas of corporate compliance, product distribution, internal investigations, and records management. Formerly, he served as Chief Counsel & Senior Director, Global Compliance Policy, at Kraft Foods in Northfield, Illinois. During his career at Kraft, his responsibilities also included supervision of complex litigation, negotiation of major corporate transactions, global records management, antitrust, and supervision of computer applications used in the Corporate and Legal Affairs Department. He is also an Adjunct Professor of Law at Loyola University (Chicago) School of Law, where he teaches corporate compliance.

Throughout his career, Ted directed many substantial corporate transactions and dozens of litigated cases, in antitrust and in other areas. He supervised the $19 billion acquisition of Nabisco by Kraft, and the $8.7 billion IPO of Kraft Foods Inc. He currently serves as a compliance monitor on behalf of the Federal Trade Commission and the Competition Bureau of Canada to ensure that respondent companies comply with orders issued by those agencies.

Ted has written numerous articles on antitrust, compliance, and legal automation topics. He co-edited the Corporate Legal Compliance Handbook, published by Aspen/Wolters-Kluwer, and his multi-volume treatise, Distribution Law: Antitrust Principles and Practice, also published by Aspen/Wolters-Kluwer, is now in its second edition. He is a frequent speaker at professional education programs, where he strives not to bore the attendees too much.


Yvonne Quinn is a member of the Firm’s Litigation Group and one of two partners in charge of coordinating the Firm’s Antitrust Group. Her practice focuses on antitrust litigation, merger analysis and review, and counseling work.

Ms. Quinn’s clients include leading commercial banks, equity funds, investment banks, insurance companies, cable television operators, television programming suppliers, newspapers, publishers, sports franchise owners, advertising sales and healthcare companies, pharmaceutical and chemical companies, and many others.

Ms. Quinn has been a co-chair of the Practising Law Institute’s Annual Antitrust Law Institute in New York since 2001 and has taught the mergers and acquisitions portion of the Institute since 1995. She is a member of the Executive Committee of the Antitrust Section of the New York State Bar Association and a vice chair of the Financial Services Committee of the Antitrust Section of the American Bar Association. From 1989 to 1992, she was the chair of the Antitrust and Trade Regulation Committee of the New York City Bar Association.

Ms. Quinn has been recognized as a leading antitrust practitioner in, among other guides to the legal profession:

Benchmark Litigation – National Practice Area Star: Antitrust (2019); Local Litigation Star (2008-2019); Litigation Star (2008-2018); and Top 250 Women in Litigation (2012-2018)
Chambers USA (2003-2018)
Chambers Global (2003, 2004-2005, 2011-2018)
The Legal 500 United States (2007, 2009, 2011-2018)
Law Business Research’s The International Who’s Who of Competition Lawyers and The International Who’s Who of Business Lawyers
Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers (every year since 1998)
The Best Lawyers in America (2007-2018)
Lawdragon 3000: Leading Lawyers in America (2009-2010) and Lawdragon 500: Leading Lawyers in America (finalist)
New York Super Lawyers (2006-2017)