Experience

• Date v. Sony Electronics, Inc., et al. (E.D. Mich. 2009) Defending Sony Electronics and ABC Warehouse in putative national class action asserting claims for violation of consumer protection statutes, breach of warranty and unjust enrichment. Currithers v. FedEx Ground Package Service, Inc. (E.D. Mich. 2010) Defending FedEX Ground in multi-plaintiff case asserting fraud and employee misclassification.
• In re Student-Athlete Likeness Litigation (N.D. Cal. 2009) Defending NCAA against putative class action claims for price fixing and group boycott in connection with alleged use of student-athlete likenesses.
• American Needle, Inc. v. National Football League, et al. (2010). Prepared amicus brief for NCAA regarding proper application of single-entity doctrine to sports leagues.
• Warrior Sports, Inc. v. Nat'l Collegiate Athletic Ass'n (Sixth Circuit Court of Appeals 2010). Defended NCAA against claim that standard-setting process for lacrosse sticks violated the Sherman Act. Motion for judgment on the pleadings was granted by the US District Court for the Eastern District of Michigan, and affirmed on appeal to the Sixth Circuit.
• Valassis Communications, Inc. v. News America Marketing, et al. (E.D. Mich. 2010). Represented publishing company on claim that defendant violated the Sherman Act and state unfair competition laws by engaging in anticompetitive tying, bundling and exclusive dealing. Valassis was awarded $300 million in damages after an eight-week jury trial in state court, and the case settled for a total of $500 million on the eve of trial of the Sherman Act claims.
• CQ International, Inc. v. Rochem International, Inc. (D. Mass. 2009). Defended importer of pharmaceutical chemicals from tortious interference and unfair competition claims related to importation of chemicals from China. The client's motion for summary judgment was granted.
• Antidote International Films v. Bloomsbury Publishing, plc (S.D.N.Y. 2007). Represented film company on fraud and breach of contract claims based on defendant's use of a false identity to generate interest in her art. The jury ruled in the film company's favor after a two-week trial.
• In re NCAA 1-A Walk-On Football Players Litigation (W.D. Wash. 2006). Defended NCAA against purported class action claim that scholarship limits in the sport of football constituted a price-fixing conspiracy that violated the Sherman Act. The plaintiffs' motion for class certification was defeated.
• White v. Nat'l Collegiate Athletic Ass'n (C.D. Cal. 2006). Defended NCAA against purported class action claim that financial aid rules in the sports of football and men's basketball constituted a price-fixing conspiracy the violated the Sherman Act. Case settled while the NCAA's motion to decertify the class was pending.
• Metropolitan Intercollegiate Basketball Ass'n v. Nat'l Collegiate Athletic Ass'n (S.D.N.Y. 2005). Defended NCAA against claim that NCAA violated Sherman Act by organizing group boycott of rival basketball tournaments. Case settled after two weeks of trial.
• In re Electrical and Mechanical Carbon Antitrust Litigation (D.N. J. 2004). Represented clients against purported class action claims that they had engaged in a price-fixing and market division conspiracy in violation of the Sherman Act.
• Electrical and Mechanical Carbon and Graphite Products, European Commission Case C.38-359 (2003). Represented clients in proceedings before the European Commission in connection with claims of price-fixing and market division in violation of Article 85 of the E.C. Treaty.
• United States of America v. Morganite, Inc. (E.D. Pa. 2002). Represented clients in criminal Sherman Act investigation.
• Tanaka v. University of Southern California, et al. (Ninth Circuit 2001). Defended NCAA against claim that student-athlete transfer rules violated Sherman Act. The NCAA's motion to dismiss was granted by Central District of California and affirmed by Ninth Circuit on market definition grounds.
• Adidas America, Inc. v. Nat'l Collegiate Athletic Ass'n (D. Kan. 1999). Defended NCAA against claim that equipment rules illegally restrained market for in-game advertising. The NCAA's motion for judgment on the pleadings was granted on market definition grounds.
• OMS v. Varian Associates, Inc. (N.D. Cal. 1997). Defended client against claim that sales policies for replacement parts constituted anticompetitive tying in violation of the Sherman Act.
• Benson Pump Co. v. Cardinal Systems (D. Colo. 1996). Represented plaintiff in Robinson-Patman Act price discrimination

Publications

"The BCS: Antitrust Goes Bowling?" (co-author) GCP Magazine (May 2009)

"What Happens When Someone Calls a Foul on the Referee?" (co-author) The ABA Trade Association Committee Newsletter (Summer 2007)

Speeches and Presentations

"When Must Competitors Compete? Antitrust, Sports and the 'Trade or Commerce' Requirement," ABA Antitrust Section Brown Bag Teleconference (October 24, 2008)

Awards and Honors

Michigan Super Lawyers, Antitrust Litigation