Antitrust Advocate Editor:
Danyll Foix represents clients in commercial disputes, with a particular focus on antitrust litigation, investigations, and class actions. His private antitrust litigation experience ranges from investigating potential claims to preparing post-trial appeals for clients. He also has represented individuals and companies in government antitrust investigations. Serving clients in the agriculture and food industries, he also advises on agricultural issues, such as strategies for commodities procurement and marketing practices. Having represented both plaintiffs and defendants in large antitrust and class action cases, Mr. Foix brings a comprehensive perspective to antitrust matters and litigation, providing a valuable understanding of adversaries and helping formulate strategies for his clients. Read more.
Antitrust Advocate Contributors:
Bob Abrams is chair of BakerHostetler’s antitrust group. Mr. Abrams is a Fellow of the American College of Trial Lawyers and has more than 30 years of trial experience in cases involving antitrust, patents, trade secrets, dealer terminations, contract disputes, tortious interference and environmental issues. In recent years, Mr. Abrams has been lead counsel in lengthy jury trials focusing on, among other claims, antitrust, patent misappropriation and conversion and copyright infringement. He was also co-counsel in a class action involving substantial and complex contract issues that was tried and then retried to a jury. Over his career, Mr. Abrams was counsel in one of the largest FTC proceedings ever filed and was lead counsel in numerous other bench and jury trials and in governmental investigations initiated by DOJ, EPA and the California Air Resources Board. In the appellate area, Mr. Abrams has argued in most of the US Courts of Appeal, presenting cases involving distribution and other business practices, the Alien Torts Claims Act and constitutional law issues. Read more.
Lee H. Simowitz, former Attorney Advisor to the Chairman of the Federal Trade Commission and assistant to the Director of the FTC’s Bureau of Consumer Protection, concentrates his practice on antitrust litigation and counseling. He has successfully litigated antitrust cases on behalf of major companies in the automobile industry, a major packaging manufacturer, international airlines, newspapers, a professional sports league, and health care providers. He is the co-author of Foreign Commerce and the Antitrust Laws (Wolters Kluwer 1996 and annual supplements), and author of the antitrust chapter in Mergers and Acquisitions in the United States (Wolters Kluwer 2011 and annual supplements). He is a 1968 graduate of Harvard College, and a 1972 graduate of Yale Law School. Read more.
Carl Hittinger focuses his practice on complex commercial and civil rights litigation with an emphasis on antitrust and unfair competition matters. His more than 35 years of experience handling “bet-the-company” litigation and successfully trying lengthy jury and non-jury cases have honed Carl’s skills in the courtroom and in counseling clients on all aspects of civil and criminal antitrust and unfair competition law. Read more.
Gregory Commins is an established trial lawyer and has successfully represented clients in complex litigation, in multi-week trials and on appeal in both state and federal courts across the country. Mr. Commins focuses on complex litigation matters involving antitrust class action litigation; intellectual property disputes such as trade secret misappropriation, copyright infringement and patent infringement claims; product liability class actions; environmental claims; and other commercial issues such as breach of contract, fraud and tortious interference claims. Most recently, he was counsel in two five-week jury trials involving successful prosecution of breach of contract and trade secret misappropriation and claims involving proper ownership and inventorship of fuel injector patents, as well as a four-week jury trial involving copyright infringement, trade secret misappropriation and breach of contract claims. Mr. Commins also has defended companies investigated by federal and state regulatory agencies and provided antitrust and environmental counseling to his clients. Mr. Commins has been named a 2012 Washington, DC, ‘Super Lawyer’ in the area of antitrust litigation. Mr. Commins is a member of the American Bar Association and has done pro bono work for the Archdiocesan Legal Network. In January 2012, Mr. Commins presented a CLE program to The Cleveland Intellectual Property law Association (CIPLA) entitled, ‘The Intersection of Antitrust and Intellectual Property: Basic Principles, Standard Setting Organizations and Patent Pools’. Read more.
Greg Baker has more than 30 years of experience litigating and trying antitrust and other complex cases. Mr. Baker has litigated cases involving Sherman, Clayton and Robinson-Patman Act claims, as well as related state statutes. Collectively, these cases have included allegations of price-fixing, market allocation, tying, refusals to deal, territorial and customer restraints, exclusive dealing, price discrimination, and monopolization. Mr. Baker has litigated merger cases in federal court and before the FTC and has represented clients in numerous FTC, DOJ and EC investigations. He also regularly counsels clients on a variety of antitrust issues, with a particular emphasis on product distribution issues. Read more.
Edmund W. Searby is a partner with BakerHostetler and a former federal prosecutor. He is an experienced trial lawyer and antitrust attorney. He has served as lead counsel for publicly traded corporations in a number of notable Section One and Two antitrust cases including In Re Rubber Chemicals Antitrust Litigation, In re EPDM Antitrust Litigation, and In Re Plastic Additives Antitrust Litigation. He successfully tried as co-counsel an antitrust conspiracy case to a jury verdict resulting in a thirty-three million dollar judgment for his clients which was later affirmed by the Sixth Circuit of Appeals. He also served as a member of a team of law professors and economists in a World Bank sponsored program to train judges and enforcement officials in Africa on implementing a competition authority. Following this project, Mr. Searby was retained to propose changes to the antitrust laws of an African nation. Read more.
Carey Busen focuses on complex litigation matters including antitrust class actions in multidistrict proceedings. She has been involved in different stages of litigation, including fact discovery, expert discovery, summary judgment and pre-trial filings and preparation. Ms. Busen’s pro bono work includes the representation of a criminal appellant in state court and the representation of an asylum applicant from Burkina Faso in the granting of the applicant’s asylum claim. Read more.
William DeVinney practices complex litigation, with an emphasis on antitrust litigation. Mr. DeVinney has also represented clients in intellectual property, securities, international trade, white collar crime and other commercial litigation. He has worked on several trial teams and has served as first chair in both jury and bench trials. Mr. DeVinney also has argued before appellate courts, administrative law judges and the United States International Trade Commissioners. Read more.