Primary Area(s) of Practice

• Antitrust & Competition
• Government Investigations & White Collar Defense
• COVID-19: Consumer Protection/Price Fixing/Price Gouging
• Securities Class Action Defense Practice

Additional Experience

• Complex Business & Commercial Litigation
• Class Action & Mass Tort

Admissions

District of Columbia

Colorado

United States Court of Appeals for the Third Circuit

United States District Court for the District of Colorado

Associations

• Chair, Antitrust and Consumer Protection Subsection, Business Law Section, Colorado Bar Association
• Member, Equity, Diversity, & Inclusivity Committee, Business Law Section, Colorado Bar Association
• Member, Colorado and Denver Bar Associations
• Former Director, Legal Transformation Institute, designing business models and funding mechanisms for lawyer/non-lawyer entrepreneurs/intrapreneurs seeking to deliver cost-effective legal services and products

Professional Presentations

• Lecturer, “Antitrust Worthy: Landscape of Tech & M&A” presented at the 21stAnnual Rocky Mountain Intellectual Property and Technology Law Institute. Panel discussion and presentation with state government antitrust enforcer concerning trends in merger analysis within state, federal, and international jurisdictions, with a focus on the competitive importance of innovation in markets. June 2023
• Moderator and lecturer, “Consumer Privacy Act Update – 2022 Business Law Institute,” Colorado Bar Association. Panel discussion with attorneys from the Colorado Department of Law and the data privacy and litigation bar exploring the growth and content of state data privacy laws as well as litigation arising from asserted violations of those laws and federal statutes concerning data management, usage, and security. September 2022
• Moderator, “A View from the AG’s Office – Topics in Antitrust and Consumer Protection Enforcement 2021,” Colorado Bar Association. Webinar with Colorado’s Deputy AG and First Assistant AG, Antitrust, that explored salient matters of public concern relating to state competition, privacy, and consumer protection law. December 2021
• Challenging Mergers: Timing is (Mostly) Everything, Lewis Brisbois Legal Alerts, October 2021
• COVID-19 Response: Combating Price Gouging During the Pandemic and Other Emergencies, Lewis Brisbois Legal Alerts, May 2020
• Co-Presenter, “Bid Rigging and the Ever-Growing Consumer Protection Act,” Colorado Bar Association. Presentation addressed the scope of bid rigging, including non-traditional interpretations of the conduct as well as the 2019 amendments to Colorado’s CPA and the impact of those amendments on consumers and businesses alike. September 2019
• Co-Presenter, “Bid Rigging and Other Threats to Effective Procurement,” Colorado Bar Association. Presentation provided a fresh look at how contractors and procurement officers can find themselves on the wrong end of bid-rigging investigations tied to private party and public projects at both the state and federal level. July 2019
• Antitrust Compliance – Proceed Cautiously When Sharing Information, Lewis Brisbois Legal Alerts, January 2019
• Co-Presenter, “Antitrust Law: Competition Matters,” Colorado Bar Association, Business Law Institute. Presentation covered a range of antitrust matters including merger enforcement; non-solicitation agreements; product importation as it relates to the FTAIA and comity principles; pricing algorithms; and data scraping. September 2018
• U.S. Antitrust Enforcers Actively Targeting Agreements Between Competitors in Employment Markets That Restrict Competition for Employees, Lewis Brisbois Legal Alerts, February 2018
• Third Circuit Imposes Daunting Standard to Prove Oligopolistic Price Fixing Via Circumstantial Evidence, But Manufacturers Must Still Tread Carefully When Setting Their Prices, Lewis Brisbois Legal Alerts, October 2017
• Federal Appeals Court Vacates a $147M Jury Award Based on Comity Principles, Lewis Brisbois Legal Alerts, October 2017
• 15-Month Prison Sentence Reminds That Spoliation Can Be A Crime Resulting in Serious Jail Time, Lewis Brisbois Legal Alerts, April 2017
• Reversal of $340 Million Jury Award Shines Light on Evidentiary Requirements to Establish Anticompetitive Conduct, Lewis Brisbois Legal Alerts, January 2017
• Supreme Court’s Decision Not to Hear Manufacturer’s Appeal of $156 Million Antitrust Award Reinforces that “Refusals to Deal” Can be a Minefield for Manufacturers, Lewis Brisbois Legal Alerts, December 2016
• U.S. Antitrust Authorities Now Characterize Employee Wage-Fixing & No-Poaching Agreements Between Competitors as Criminal Behavior, Lewis Brisbois Legal Alerts, November 2016
• Invitations to Collude Targeted by US and EU Enforcement, Law360, October 2016

Education

College of William & Mary, Marshall-Wythe School of Law

Juris Doctor, Law Foundation Scholar, 1994

Washington & Lee University

Bachelor of Arts, Politics, Phi Beta Kappa, 1990

Representative Matters

• Counsel for officers/members of healthcare company in California state action alleging violations of the state’s antitrust laws (Cartwright Act), civil conspiracy, aiding & abetting, and tortious interference. Litigation pending.
• Counsel for third-party franchisee in federal no poach class action in restaurant industry. Matter pending in the Western District of Kentucky.
• Litigation and settlement counsel for restaurant group in class action data security incident lawsuit brought in California federal court and involving allegations concerning consumer personally identifiable information (PII).  Settlement approval pending.
• Defense counsel for health care provider in data incident / data breach class actions pending in Indiana state court.  Plaintiffs assert statutory and common law claims concerning PII and consumer personal health information (PHI).  Litigation pending.
• Counsel defending national lodging company in federal lawsuit in the Eastern District of Texas. Plaintiffs primarily allege horizontal antitrust conspiracies at multiple levels of the hotel room booking & distribution chain, with client asserting Lanham Act and state/common law infringement and unfair competition counterclaims. “Early out,” favorable settlement with no admission of liability.
• Litigation counsel for transport company defending against consolidated class action in Utah federal court arising from a cyberattack perpetrated against client’s data network.  Litigation pending with consolidated class action to be filed.
• Represent third-party media company in SEC investigation concerning possible violations of the Securities Acts of 1933 and 1934, Sections 17(a) and 10(b), respectively.
• Counsel for behavioral healthcare provider in Colorado data breach class action alleging multiple classes and statutory and common law violations. Motion to dismiss granted on consumer protection and Colorado state class claims. Matter pending.
• Represent automotive aftermarket company in Lanham Act trademark litigation in which statutory antitrust affirmative defense asserted. Litigation pending with issues
  narrowed for trial.
• Antitrust counsel for trade association defendant in federal antitrust litigation in the District of Connecticut alleging Sherman Act violations, including group boycott, price fixing, and monopsony, as well as state law antitrust and common law tort claims, stemming from alleged anticompetitive horizontal dealings surrounding the licensing of public performance rights. Motion to dismiss granted with plaintiff declining to attempt to amend.
• Counsel for realty group and agent in property sale data breach private action alleging violations of the Colorado Consumer Protection Act (CCPA) and various common law wrongs.  Motion to dismiss granted on CCPA and bailment claims, leading to settlement at levels far below plaintiff’s initial demands.
• Antitrust counsel for complainant in ITC Investigation and counterclaimant in District of New Jersey, alleging violations of Section 337 of the Tariff Act and the Sherman Act, respectively, arising from alleged anticompetitive horizontal and vertical conduct associated with respondent’s distribution model and related market practices. Dispute settled.
• Co-counsel for putative class alleging manufacturer/OEM vertical and horizontal conspiracies in violation of sections 1 and 2 of the Sherman Act.
• Counsel for automotive parts manufacturers in Third Circuit litigation. After three years of pre-trial proceedings, prevailed at trial on all counts pertaining to liability, including monopolization and a violation of the Clayton Act. Case settled on the eve of damages trial for $500 million.
• Counsel in California federal court proceeding for nation’s largest irrigation district alleging monopolization and other unfair trade practices against independent service operator (ISO). Settlement pending.
• Defended household goods carrier in class litigation alleging violations of federal antitrust law and carrier regulations. Class claims favorably settled.
• Co-counsel for electronics retailers and mobile telephone providers in direct action litigation alleging Sherman 1 violations, and for certain clients, breaches of contract.
• Represented chemicals company in DOJ criminal investigation pertaining to sales of polychloroprene and ethylene propylene diene monomer, and served as settlement counsel resolving associated federal and state, direct and indirect, class and opt-out litigation.
• Defended construction contractor in criminal investigation and related False Claims Act action alleging bid rigging on international building projects. Matter concluded with no findings of liability or imposition of criminal fine against client.
• Advised client on enhancements to corporate compliance policies regarding Sherman Act and ethics practices, developed associated training program, and presented same to multiple business units.
• Served telecom entity in a series of successful industry acquisitions in which governmental authorities issued HSR second requests.
• Defended polyester staple supplier in criminal antitrust investigation and civil litigation. Matter resolved with U.S. government via negotiation whereby cooperation provided in exchange for corporate leniency/amnesty, and employed “first out” settlements with federal and state class plaintiffs to quickly limit and terminate client exposure.
• Developed and instituted comprehensive records and personnel audit to assess legality of client’s business practices vis-à-vis horizontal competitors, leading to revision and enhancement of corporate ethics/code of conduct protocols.
• Defended client in criminal, “three strikes” felony trial. Jury hung on all counts leading to release for time served.
• Represented international technologies company in backdating SEC investigation involving rogue executive conduct.
• Defended athletic apparel manufacturer in Lanham Act and unfair competition litigation, with case resolved via settlement on the “courthouse steps” days short of trial.
• Counsel for real estate development group alleging contractual breaches and torts arising from commercial property transaction, with favorable settlement obtained after surviving all defendants’ joint motion to dismiss.

Academia – Law School Adjunct Professor