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Corporate Affirmative Recovery Matters

In re LIBOR-Based Financial Instruments Antitrust Litigation, MDL No. 2262, No. 1:11-md-02262 (S.D.N.Y.).  Representing Freddie Mac and the FDIC as Receiver for 39 Closed Banks and serves as liaison counsel for more than two dozen DAPs (represented by, among others, Lieff Cabraser, Keller Rohrback, and Quinn Emanuel).  Freddie Mac and the FDIC allege, among other things, that defendants’ horizontal conspiracy reduced product quality in the market for interest-rate benchmarks. 

United HealthCare Services, Inc. v. Cephalon, Inc., et al., No. 2:17-cv-00555 (E.D. Pa.). Represented United HealthCare Services, Inc. in an individual antitrust matter against the makers of the branded pharmaceutical drug Provigil and its generic equivalents. The suit alleged a successful pay-for-delay scheme that kept lower-priced generics off the market for several years, allowing the brand manufacturer to continue charging inflated monopoly prices that caused United HealthCare Services, Inc. substantial damages. 

In re Vitamins Antitrust Litigation, MDL No. 1285, Misc. No. 99-197 (D.D.C.). Represented more than 150 direct action plaintiffs, including Kraft Foods and GNC, alleging a 15-year international cartel covering more than a dozen vitamins. The case involved German Defendants BASF, Degussa, and Merck. Recoveries exceeded $2 billion. Served as liaison counsel for DAPs.

ZF Meritor LLC v. Eaton Corp., No. 06-623-SLR (D. Del.).  Represented a manufacturer of heavy-duty transmissions in a case alleging the dominant producer excluded it from the relevant market.  The case went to trial and resulted in a liability verdict for violations of Sections 1, 2, and 3 of the Sherman Act.  The Third Circuit upheld the verdict and the case settled for $500 million prior to the damages trial. 

In re Urethane Antitrust Litigation, MDL No. 1616, No. 2:08-cv-05169 (D.N.J).  Represented 11 plaintiff families in an international price-fixing case involving three chemicals.  The case involved German Defendants BASF and Bayer.  Despite a lack of direct evidence, successfully defeated summary judgment motions challenging the existence of a conspiracy and its duration (the parallel class action alleged a shorter conspiracy period). Defeated three Daubert motions and handled all experts at trial.  Defendant Dow settled during the defense case for $400 million. 

In re Methionine Antitrust Litigation, MDL No. 1311, No. 3:00-md-01311 (N.D. Cal.).  Represented, as liaison counsel, more than three dozen DAPs, including Tyson Foods, alleging an international cartel involving, inter alia, German Defendant Degussa AG. Recoveries exceed $400 million. 

In re Linerboard Antitrust Litigation, MDL No. 1261, No. CIV.A. 98-5055 (E.D. Pa.). Represented more than 50 Fortune 500 companies, including names such as PepsiCo and Coca-Cola, in a conspiracy among containerboard producers to take “market downtime” to restrict output and cause price increases. Successfully defeated summary judgment motions despite the lack of direct evidence. Served as liaison counsel for direct action plaintiffs. Recoveries exceeded $200 million.

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