Todd R. Seelman

Managing Partner

  • location icon Denver, CO
    1700 Lincoln Street
    Denver, CO 80203
  • location icon Colorado Springs, CO
    1755 Telstar Drive
    Colorado Springs, CO 80920

Todd Seelman is the managing partner of the Denver and Colorado Springs offices of Lewis Brisbois. He is the national chair of the Antitrust & Competition Practice and co-chair of the Government Investigations Practice. Todd is also a member of Lewis Brisbois' Executive Marketing Committee. 

Todd has more than 25 years’ experience representing clients as an advisor and in litigation involving antitrust and competition, securities and financial fraud, and related complex commercial matters. Todd has extensive experience in class actions and multi-district litigation. 

For the past ten years, Todd has been an Adjunct Professor of Antitrust and Unfair Competition Law at the University of Denver’s Sturm College of Law. 

Antitrust and Competition
Todd provides litigation and non-litigation strategic advice to general counsels and corporate executives to simplify the complexities of the U.S. antitrust laws. Todd advises companies on matters involving federal and state antitrust issues including: antitrust compliance programs; trade association compliance; resale pricing programs; advertised pricing programs (MSRP, MAP, and Colgate polices); pre-merger review (outside of the Hart-Scott-Rodino Act); pre-merger review and government reporting (Hart-Scott-Rodino Act); messenger models and clinical integrations (healthcare); price discrimination compliance (Robinson-Patman Act); interlocking directorates and officers compliance; competitor collaborations; joint ventures; information exchanges; and labor issues (collective bargaining). Todd also represents companies in federal and state antitrust law litigation matters involving: monopolization; price-fixing; bid-rigging; market divisions; product and customer allocations; and tying.

Securities and Financial Fraud
Todd represents companies in federal and state litigation matters involving securities and financial fraud areas in the banking, mortgage, insurance, energy, and financial services industries.

Complex Commercial
Todd represents companies in federal and state litigation matters involving: financial fraud; securities; breach of contract; partnership disputes; shareholder disputes; loan disputes; construction defects; and product defects.

Representative Cases

Antitrust and Competition Matters

  • Advised a Missouri physician group on the antitrust issues related to merger/integration relationships under the requirements set forth by the Federal Trade Commission and state law.
  • Advised a Ohio physician group on the antitrust issues related to merger/integration relationships under the requirements set forth by the Federal Trade Commission and state law.
  • Advised a Wisconsin physician group on the antitrust issues related to merger/integration relationships under the requirements set forth by the Federal Trade Commission and state law.
  • Advised a Missouri healthcare trade association on the antitrust issues related to joint pricing and information exchanges.
  • Advised a Kansas hospital group on the antitrust issues related to merger/integration relationships under the requirements set forth by the Federal Trade Commission and state law.
  • Advised Estenson Logistics, a Phoenix-based contract carriage company, on the federal antitrust issues pertaining the acquisition of $300 million of its assets by The Hub Group, a publicly-traded transportation management company, including preparation and filing of Estenson's notification and report with the FTC and DOJ under the Hart-Scott-Rodino Antitrust Improvements Act.
  • Representing the largest irrigation district in the country and the third largest municipal electric utility in California in connection with monopolization and attempted monopolization under Section 2 of the Sherman Act, as well as related state law claims, against California’s largest independent system operator.
  • Advised a Fortune 500 oil exploration and refining company in a federal lawsuit brought by the Federal Trade Commission seeking to enjoin a merger between Staples Inc. and Office Depot Inc. under Section 7 of the Clayton Act.  
  • Defended a U.S. manufacturer of non-structural steel products in a federal antitrust lawsuit alleging trade association members violated the antitrust laws through a horizontal group boycott of competitors.
  • Defended a U.S. genetics company in a federal court case alleging claims for patent misuse, patent infringement, and state common law claims, as well as counterclaims for monopolization and attempted monopolization. Three-week jury trial. On appeal to the Federal Circuit.  
  • Advised a healthcare group on the antitrust issues related to a $200 million acquisition of hospital assets, including notification and reporting to the FTC and DOJ under the Hart-Scott-Rodino Antitrust Improvements Act.
  • Advised an international manufacturer cooperative on the federal and state antitrust laws pertaining to vertical resale price maintenance agreements, price discrimination and collaborations with competitors.
  • Advised a U.S. manufacturer in the oil and gas industry on the federal antitrust laws applicable to group boycotts and refusals to deal.
  • Advised a U.S. manufacturer in the wood barrel industry on the federal antitrust laws applicable to acquisitions of competitors not reportable under the federal pre-merger notification rules.
  • Advised a U.S. trade association on the federal and state antitrust laws pertaining to vertical price restraints.
  • Advised a U.S. oil and gas company on the federal antitrust laws pertaining to tying and single-firm refusals to deal.
  • Advised numerous U.S. hospitals and physician groups on the federal and state antitrust laws pertaining to joint ventures and clinical integrations in the health care industry.
  • Advised numerous U.S. companies on federal and state antitrust compliance policies and programs.
  • Advised a Canadian company of potential federal antitrust defenses against allegations of federal patent/trademark violations asserted by a U.S. competitor.
  • Defended a Fortune 500 oil company in a federal national class action lawsuit alleging violations of the federal antitrust laws including price and supply conspiracy and monopolizations claims
  • Advised a U.S. construction company on the antitrust implications of employer-employer no-hire and non-solicitation agreements.
  • Advised a U.S. oil and gas transportation company on the antitrust implications of an employer-employer non-solicitation agreement.
  • Defended a Michigan bank holding company (and its wholly owned subsidiaries) in a state trade mark and unfair competition lawsuit. (Co-defended with the Colorado Attorney General's Office).
  • Advised a U.S. oil and gas transportation company on the antitrust implications of a nationwide license agreement with a direct competitor.
  • Advised a U.S. software company of the federal antitrust laws applicable to interlocking directorates and officers under Section 8 of the Clayton Act.
  • Advised a Canadian company of potential federal and state antitrust claims/ defenses applicable to resale price maintenance agreements.
  • Represented a U.S. oil field drilling company in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the oil field industry.
  • Advised a U.S. software company of the antitrust laws applicable to merger requirements under the federal pre-merger notification rules.
  • Advised numerous hospital groups on the contours of price discrimination under the Robinson-Patman Act and its exceptions.
  • Represented a U.S. bottling company in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the CO2 industry.
  • Advised a US title insurance company on trade secret theft, unfair competition, and noncompetition issues.
  • Represented a U.S. fertilizer company in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the potash industry.
  • Advised a Canadian company of potential federal and state antitrust claims/defenses applicable to resale price maintenance agreements in the chemical industry.
  • Defended former Broadband executive against third-party discovery matters arising out of a nation-wide federal antitrust lawsuit alleging monopolization and conspiracy in the cable industry.
  • Advised a regional U.S. feed company on state unfair competition and trade secret theft matters.
  • Represented a U.S. supermarket chain in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the baby food industry.
  • Advised a U.S. oil and gas transportation company on the antitrust implications of a nation-wide license agreement with a competitor and the use of license agreements as an exclusionary practice and market division tool.
  • Represented a U.S. supermarket chain in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the bread industry.
  • Defended a Michigan bank holding company (and its wholly owned subsidiaries) in a state trade mark and unfair competition lawsuit. (co-defended with the Colorado Attorney General’s Office).
  • Advised an international toy and game collective on the applicable U.S. and state antitrust laws pertaining to collaboration with competitors.
  • Represented a U.S. food services company in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the commercial tissue industry.
  • Advised a Fortune 500 oil refinery and marketing company on the antitrust issues raised in a contract with a direct competitor.
  • Represented a U.S. regional supermarket chain in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the plastic tableware industry.
  • Advised a U.S. oil and gas transportation company on the antitrust implications of an employer-employer non-solicitation agreement.
  • Represented a U.S. regional supermarket chain in a federal action antitrust lawsuit alleging price-fixing in the fish industry.
  • Advised a billboard company of the contours of the Noerr-Pennington doctrine and the applicable “mere sham” exception under federal antitrust law.
  • Defended a billboard company in a state permitting lawsuit alleging unfair competition brought by a major competitor.
  • Advised a U.S. gasoline cooperative on the applicable state and federal antitrust laws.
  • Represented a U.S. medical supply company in a federal class action antitrust lawsuit alleging price-fixing and market division in the medical x-ray film industry.
  • Advised an international toy and game collective on the applicable U.S. and state antitrust laws pertaining to vertical resale price maintenance agreements.
  • Represented a U.S. animal feed supply company in a federal class action antitrust lawsuit alleging price-fixing, bid-rigging, market division, and fraudulent concealment in the animal feed industry.
  • Advised a Canadian company of potential federal antitrust defenses/counterclaims against allegations of federal patent/trademark violations asserted by a U.S. competitor.
  • Represented several U.S. animal feed supply companies in federal and state class action antitrust lawsuits alleging price-fixing, market division, and fraudulent concealment in the animal feed industry.
  • Advised several U.S. airlines and U.S. hotel companies of the antitrust exceptions applicable to the collective bargaining process under Section 6 of the Clayton Act.
  • Advised an U.S. wood-product manufacturer on the federal antitrust issues pertaining to the acquisition of a small market share competitor that was not reportable under the Hart-Scott-Rodino Antitrust Improvements Act.
  • Advised a U.S. chemical manufacturer on the federal and state antitrust issues raised by product cross-licensing agreements and territorial division agreements.
  • Advised a U.S. buying group subject to a prior Department of Justice Business Review Letter on the federal antitrust implications when combining with other similar buying groups.
  • Advised a U.S. industrial nozzle company on the on the applicable U.S. and state antitrust laws pertaining to vertical resale price maintenance agreements and minimum advertised price policies.

Employment Law Matters

  • Defended Colorado employer in a wrongful termination lawsuit filed in U.S. District Court for the District of Colorado; obtained summary judgment and an award of attorney’s fees and costs; affirmed by the Tenth Circuit Court of Appeals
  • Defending two U.S. energy partnerships in a federal court lawsuit in Colorado alleging violations of federal (age and gender) discrimination laws and state common law.
  • Defended a Colorado construction company in a class action and collective action federal court lawsuit alleging violations of federal and state employment wage and hour laws.
  • Defended a Colorado retail mattress company in a state court lawsuit alleging violations of state employment wage and hour laws.
  • Defended a Colorado restaurant company in a federal court lawsuit alleging violations of federal and state discrimination laws.
  • Defended a Colorado farm cooperative in a federal court lawsuit alleging violations of federal and state discrimination and migrant workers laws (brought by the Colorado Division of Labor). 
  • Defended a Colorado farm cooperative in an investigation by the U.S. Department of Labor pertaining to the alleged unlawful use of migrant workers.
  • Advised a U.S. chemical subsidiary of a Japanese company on state employment noncompetition laws applicable to a multi-state joint venture agreement.
  • Advised a U.S. fertilizer company on state employment noncompetition laws applicable to various U.S. distributor agreements.
  • Defended a U.S. feed distributor in multiple federal court lawsuits in Wisconsin alleging violations of various state noncompetition agreements.
  • Advised a U.S. construction company on the antitrust implications of employer-employer non-solicitation (employee) agreements.
  • Advised a US title insurance company on multi-state employee noncompetition provisions and discrimination.
  • Advised a regional U.S. feed company on employee trade secret theft matters, wage and hour, and discrimination.
  • Advised a U.S. oil and gas transportation company on multi-state employer-employer non-solicitation agreement.
  • Advised several U.S. airlines and U.S. hotel companies of the antitrust exceptions applicable to the collective bargaining process (employee and employer sides).
  • Defended a national athletic outer-wear manufacturer in a state court lawsuit in Colorado alleging breach of employment agreement and stock option plan.
  • Represented former senior vice president of financial services company in a federal court lawsuit in Colorado to recover unpaid commissions due under an executive employment contract. 
  • Defended a limited partner (in two hotels chains located in Aspen) in state court lawsuit in Colorado alleging breach of employment contract.
  • Advised former executives of an international financial services company on employment severance agreement issues.
  • Advised numerous former executive of a U.S. cardiac rhythm manufacturer on employment severance agreement issues.
  • Represented a Wisconsin cardiac sales company and its president in wrongful termination federal lawsuit in Wisconsin involving a breach of a contract, trade secret theft, and violation of a non-competition agreement in the cardiac rhythm device industry.

Securities, Financial Fraud and Complex Commercial Litigation Matters

  • Defended health care provider in federal court class action lawsuit alleging data breach civil claims; successfully obtained dismissal of the complaint.
  • Defended six major U.S. and international financial institutions (banking and investment houses) against claims brought by the Federal Deposit Insurance Corporation (FDIC) in a federal court lawsuit alleging a multi-million dollar securities fraud in the mortgage industry.
  • Represented a U.S. mortgage insurance company and its subsidiary in a federal lawsuit alleging multi-million dollar breach of contract and fraud.
  • Represented a regional U.S. bank in a state breach of contract and fraud lawsuit.
  • Defended a national mortgage company in a federal lawsuit alleging violations of the Truth and Lending Act, the Real Estate Settlement Procedures Act, and common law fraud claims.
  • Represented California Trust in a multi-million dollar federal fraud lawsuit against an international London bank.
  • Defended a U.S. internet company in a $ 45 million federal court lawsuit in Colorado alleging breach of contract.
  • Represented former senior vice president of financial services company in a federal lawsuit in Colorado to recover commissions due under an executive employment contract. 
  • Defended national window manufacturer in a $125 million bet-the-company state class action alleging construction and product defects.
  • Represented municipal district in a multi-million dollar state construction defect lawsuit.
  • Defended national athletic outer-wear manufacturer in a state breach of stock option agreement lawsuit in Colorado.
  • Defended national photocopier manufacturer in a state breach of commercial finance contract lawsuit in Colorado.
  • Defended a limited partner in two hotels located in Aspen in multi-million dollar state breach of contract lawsuit.
  • Defended a company and its president in a federal securities fraud lawsuit brought by the Securities and Exchange Commission (SEC).
  • Represented individual against a Kansas oil and gas company in a state lawsuit alleging the unlawful sales of unregistered securities under the Colorado Securities Act.  (Worked jointly with the Colorado Attorney General's Office).
  • Defended an accounting firm in a federal investigation brought by the Securities and Exchange Commission (SEC) into securities fraud in the insurance industry.

Publications

  • Coordinating Articles Editor, Antitrust and Consumer Protection Law, The Colorado Lawyer
  • Quoted in "5 New Practice Areas Your Firm Should Start," Law360, May 6, 2015
  • Quoted in "Pharma Settlements - District Courts' Domain," Law Week Colorado, March 30, 2015
  • Co-Author, "Evaluating Antitrust Exposure When Purchasing A Competitor’s Assets In Bankruptcy: 'Caveat Emptor!'" Mondaq, March 30, 2015
  • Co-Author, "Supreme Court Clarifies the Requirements for State Action Immunity from Antitrust Laws," Lewis Brisbois Antitrust & Competition Law Client Alert, March 2, 2015
  • Co-Author, "New York District Court Rules Against American Express in a Closely Watched Antitrust Case," Lewis Brisbois Antitrust & Competition Law Client Alert, February 20, 2015
  • Co-Author, "FTC Announces New Reporting Thresholds Under the Hart-Scott-Rodino Antitrust Improvements Act," Lewis Brisbois Antitrust & Competition Law Client Alert, February 19, 2015
  • Co-Author, "Recent Ninth Circuit Decision a Reminder that a Merger Falling Below Hart-Scott-Rodino Thresholds is Not a Safe Harbor," Lewis Brisbois Antitrust & Competition Law Client Alert, February 18, 2015
  • Co-Author, “Antitrust Scrutiny of Employment Restrictive Covenants,” The Colorado Lawyer, Special Issue: Antitrust and Consumer Protection Law, Vol. 43, No. 10, October 2014
  • Quoted in “Virtual Reality Pricing Practices”, Gifts and Decorative Accessories, February 2014
  • Author, "United States Department of Justice v. Apple, Inc." Mondaq, December 12, 2014.
  • “Supplier’s Ability to Control Retail Pricing – Vertical Restraints under the Antitrust Laws,” The Price Point, vol. 13, issue 1, Winter 2014“US Department of Justice v. Apple Inc.,” E-Commerce Law Reports, vol. 13, issue 04, September 2013
  • “A Perspective on Apple’s E-Book Suit.” Law Week Colorado, August 12, 2013
  • “Apple Found Liable for Price Fixing E-Books: New Level of Legal Complexity for Vertical Price Restraints,” Lexology, July 15, 2013
  • “Update on a Recent Supreme Court Antitrust/Intellectual Property Case: ‘Reverse Payment’ Settlement Agreements under FTC v. Actavis, Inc.” Lexology, June 17, 2013
  • Quoted in “Regulatory Review Head Start Major Plus for Stalking Horses” Milling & Baking News (The application of the federal premerger notification requirements of the Hart-Scott-Rodino Act to the assets of Hostess Brands), February 5, 2013
  • “Labor: Competitor Collaborations and the Antitrust Laws ,” Inside Counsel, November 5, 2012
  • “Labor: Manufacturer’s Control Over Retailers and Retail Pricing Under the Antitrust Laws,” Inside Counsel, October 22, 2012
  • “Labor: Antitrust and ‘Unreasonable’ Restraints of Trade,” Inside Counsel, September 24, 2012
  • “Labor: Avoiding Antitrust Complaints Concerns in Employee Restrictive Covenants,” Inside Counsel, August 27, 2012
  • “Department of Justice and Department of Agriculture Held Joint Public Workshops Throughout 2010 on Competition Issues Facing the Agriculture Industry,” April 2011
  • “Non-Solicitation Agreement Between LucasFilm and Pixar Alleged to be per se Unlawful under Section 1 of the Sherman Antitrust Act,” February 2011
  • “Non-Solicitation Agreements Between High-Tech Companies Alleged to be per se Unlawful under Section 1 of the Sherman Antitrust Act,” December 2010

Professional Presentations

  • Co-Presenter, "Employer Agreements to Fix Employee Wages or Not to Poach Employees Is Now a Criminal Offense of the U.S. Antitrust Laws,” Colorado Bar Association, Business Law Institute, September 2017
  • Co-Presenter, “Top Antitrust Cases and Trends in 2016,” Colorado Bar Association, Business Law Institute, September 2016
  • Co-Presenter, Woodman’s Food Market, Inc. v. Clorox Co. – Renewed Focus on the Robinson-Patman Act (Price Discrimination), Antitrust Subsection, Colorado Bar Association, June 2016
  • Panelist, "Privacy and the Law in the Collection and Use of Your Consumer Information - What You Didn’t Know They Know: the Good, the Bad, and the Unknown" Thompson G. Marsh American Inn of Court, Colorado Chapter, May 2016
  • Co-Presenter, “The Antitrust Laws Impacting United States Manufacturers,” Western Industry Credit Organization, Denver, Colorado, January 2016
  • Moderator, “Federal Trade Commission’s Focus on Health Care Mergers and Consolidations," Colorado Bar Association, Antitrust Law Section, January 2016.
  • Panelist, "Privacy Breaches," The Privacy Foundation at the University of Denver Sturm College of Law, November 6, 2015. 
  • Moderator, “New Threats From Old Statutes - Expanded and Reinvigorated Enforcement of the RICO and the Federal Antitrust Laws Against Health Care Providers" Colorado Bar Association, Joint Healthcare Law and Antitrust Law Sections, October 2015.
  • Panelist, "Professionalism in Transition:  How to Execute a Career Move at any Stage of Practice" Colorado Bar Association, Colorado Women’s Bar Association Section, October 2015.
  • Moderator, "The New Frontier in Consumer Protection Law Enforcement – Holding Companies Responsible When Thieves Steal Consumers’ Information”, Colorado Bar Association, Antitrust and Consumer Protection Sub-Section, February 2015
  • Speaker, “Colorado Litigation Update”, 2014 Construction Financial Management Association (CFMA), Colorado Annual Convention, September, 2014
  • Speaker, “Judging a Vertical Actor in a Horizontal Conspiracy – U.S. v. Apple: Did the DOJ Abandon Analytical Rigor Just to Get a Win?”, Colorado Bar Association, Antitrust Subsection, September, 2014
  • Speaker, “Continued Federal and State Tensions After Leegin – Controlling Retail Prices in a Vertical Vacuum”, Colorado Bar Association, Antitrust Subsection, April, 2014
  • Moderator, “MAP, MSRP and RPM – What’s Legal and How Do You Enforce It?” American Specialty Toy Retailing Association (ASTRA) National Convention, Nashville, Tennessee, June 16, 2013
  • “Vertical Restraints of Trade: Resale Price Maintenance Agreements (RPM) and Manufacturer’s Advertising Programs (MAP)” The Creditor’s Network Member Meeting, American Specialty Toy Retailing Association (ASTRA), Baltimore, Maryland, 2012
  • “The Intersection of Antitrust and State Competition Laws” Sturm College of Law, University of Denver, 2011
  • “The Impact of Wal-Mart v. Dukes on Future Gender Discrimination Suits under Title VII of the Civil Rights

Admissions

Colorado

Wisconsin

U.S. Supreme Court

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. District Court for the Eastern District of Wisconsin

U.S. District Court for the Western District of Wisconsin

U.S. District Court for the District of Colorado

Associations

  • Chair, Antitrust Subsection, Colorado Bar Association
  • Member, Executive Council, Business Law Section, Colorado Bar Association
  • Member, Pricing Conduct Committee, Antitrust Section, American Bar Association
  • Member, Cartel and Criminal Practice Committee, Antitrust Section, American Bar Association
  • Member, Antitrust Committee, Business Law Section, American Bar Association
  • Past President, Nonresident Lawyer Division, Wisconsin Bar Association
  • Past Governor, Board of Governors, Wisconsin Bar Association
  • Member, Federal Bar Association
  • Member, Denver Bar Association
  • Member, Faculty of Federal Advocates

Awards & Honors

  • Rated AV-Preeminent by Martindale-Hubbell (2008-Present)
  • Top Lawyer for Antitrust Law by 5280 Magazine (2015-2017)
  • Barrister’s Best Antitrust Lawyer by Law Week Colorado (2016)
  • Top Rated Antitrust Litigation Attorney by Super Lawyers ​(2017)

Education

Mitchell Hamline School of Law

Juris Doctor, cum laude, 1990

University of Wisconsin - Milwaukee

Bachelor of Arts, 1986

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