Practices

The core of our practice is antitrust litigation. 

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Since the firm's inception, our attorneys have been engaged in:​

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• In re Google Play Store Antitrust Litigation - Brendan, Michael, and Buddy served as Special Assistant Attorneys General for the Antitrust & Data Privacy Section of the Utah Attorney General's Office in the multistate antitrust suit against Google challenging its Play Store practices, Utah v. Google. Attorneys of the firm took all or part of 21 fact and expert depositions. Brendan briefed the opposition to Google's Daubert motion of the States' economist, Dr. Marc Rysman. In its jury trial victory against Google, Epic Games played Michael's remote deposition of a Spotify executive in its case-in-chief and played portions of Buddy's cross-examination of an OCV executive.

 

At their prior firms, our attorneys were part of teams involved in the following matters: 

 

• Represented a video game developer in obtaining partial temporary and preliminary injunctive relief in an antitrust suit against Apple in the Northern District of California. The matter is pending.

• Represented a medical devices company in multiple rounds of motion to dismiss briefing in the Central District of California. The matter is pending.

• FTC v. Qualcomm - Part of the multi-firm trial and appellate team that successfully represented Qualcomm in its complete defense victory in the Ninth Circuit following a bench trial in the Northern District of California. 

• Apple v. Qualcomm - Part of the multi-firm team that represented Qualcomm in multiple actions against Apple involving antitrust claims, including in:

  • Securing an Initial Determination at the International Trade Commission recommending an injunction barring the importation and sale of certain iPhones found to infringe on Qualcomm patents following a bench trial​ in 2018; and

  • A jury trial in the Southern District of California in 2019 that settled after opening statements as part of a global resolution that involved a payment from Apple to Qualcomm.

• Successfully obtained dismissal of state and federal consumer protection and antitrust claims on behalf of a pharmaceutical company regarding drug pricing.

• Represented an auto-parts manufacturer in successfully opposing class certification in multi-district antitrust litigation, which led to a favorable settlement. 

• Represented an online booking company in its successful defense against litigation challenging pricing practices.​

• Siegel v. Delta Airlines, Inc. - Represented the American Antitrust Institute as amicus curiae supporting plaintiffs-appellees in the Eleventh Circuit. 

• Visa Inc. v. Osborn - Represented the American Antitrust Institute as amicus curiae supporting respondents in the U.S. Supreme Court.

• Valspar Corp. v. E.I. du Pont de Nemours & Co. - Represented the American Antitrust Institute as amicus curiae supporting plaintiffs-appellants in the Third Circuit. 

• Successfully represented plaintiff medical company in obtaining a preliminary injunction and on appeal from the same in a federal action alleging exclusionary cartel conduct.  The appeal was withdrawn and the matter settled on favorable terms.  

• Teladoc, Inc. v. Texas Medical Board - Represented the American Antitrust Institute as amicus curiae in support of neither party in the Fifth Circuit.