Michael Wasdon Scarborough is a lawyer practicing antitrust and competition, antitrust counseling and compliance, california antitrust and unfair competition law and 17 other areas of law. Michael received a B.A. degree from University of Virginia, and has been licensed for 27 years. Michael practices in San Francisco, CA.
About Michael Wasdon Scarborough
Awards
Reviews for Michael
Services
Areas of Law
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Litigation
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Intellectual Property
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Other 18
- Antitrust and Competition
- Antitrust Counseling and Compliance
- California Antitrust and Unfair Competition Law
- Cartel Investigations and Litigation
- Consumer Protection
- Government Merger and Civil Conduct Investigations
- Intellectual Property / Antitrust
- Private Civil Antitrust Litigation
- International Reach
- Korea
- China
- Japan
- Class Action Defense
- Financial Services Litigation
- False Advertising, Lanham Act and Unfair Competition
- White Collar Defense and Corporate Investigations
- Privacy and Cybersecurity
- Blockchain and Fintech
Practice Details
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Firm InformationPositionPartner
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Representative Cases & TransactionsCasesExperience: Representative Matters: Lead antitrust counsel for automotive component supplier as plaintiff seeking declaratory relief
determination
imposition of FRAND licensing terms in action challenging monopolization
concerted refusal to license alleged st
ard essential patents relevant to cellular st
ards on FRAND terms
conditions. Continental Automotive Systems, Inc. v. Avanci, LLC, Case No. 19-cv-2933-M (N.D. Tex.)
Fifth Circuit Appeal No. 20-11032.
Secured complete dismissal of all claims against Samsung Electronics in boycott
monopsonization case relating to smartphone patent licensing, based on lack of antitrust st
ing
failure to allege a plausible conspiracy. Obtained affirmance of defense judgment on appeal to the Ninth Circuit Court of Appeals. Cascades v. RPX Corp., Case No. 4:12-cv-1143 YGR (N.D. Cal.)
Ninth Circuit Appeal No. 16-15782, F. App'x 553, 555 (9th Cir. Dec. 11, 2017).
Represented leading global electronics manufacturer in patent
st
ards-related antitrust governmental proceedings
private antitrust actions involving major technology companies including Qualcomm
Apple.
On behalf of leading international provider of cybersecurity products, obtained complete dismissal of antitrust boycott
refusal to deal claims regarding testing st
ards development, as well as closure of related Department of Justice Antitrust Division investigation without action. NSS Labs v. Crowdstrike, Inc., Case No. 5:18-cv-5711 BLF (N.D. Cal.).
As lead trial counsel, defended telescope manufacturer against price-fixing, market allocation, attempted monopolization,
related state law claims, including through six-week jury trial. Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd., Case No. 5:16-cv-6370 EJD (N.D. Cal.).
Represented leading automotive parts manufacturing company against antitrust boycott claims. O.E.M. Glass Network, Inc. v. Mygrant, Case No. 1:19-cv-0742 NGG (E.D.N.Y.).
As national counsel, defended industry-leading global electronics companies in criminal
civil price-fixing actions regarding lithium ion rechargeable battery products. In re Lithium Ion Batteries Antitrust Litig., MDL No. 2420.
Defended information technology services company
top executive with respect to criminal Sherman Act bid-rigging charges
related false claims
unfair competition civil action by California Attorney General.
As national counsel, represented multinational electronics companies in federal
state government enforcement
civil price-fixing class
opt-out actions regarding cathode ray tube products. In re Cathode Ray Tube (CRT) Antitrust Litig., MDL No. 1917.
Defended leading global payments & technology company in coordinated class actions
related appeals concerning alleged payment card tying
network exclusionary practices. In re Credit/Debit Card Tying Cases, Cal. Jud. Council Coord. Proc. No. 4335.
Represented international electronics companies in criminal
civil price-fixing actions concerning thin film transistor liquid crystal display products. In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827.
For MediaNews Group
California Newspapers Partnership, blocked private antitrust challenge to acquisition of Contra Costa Times
San Jose Mercury News.
Secured dismissal of putative class action against leading global payments & technology company under California consumer privacy laws regarding highly publicized third party processor data security breach.
As national counsel, defended civil price-fixing
government enforcement actions against leading international electronics companies regarding dynamic r
om access memory chip products. In re DRAM Antitrust Litig., MDL No. 1486.
Represented Mastercard in series of actions challenging foreign currency conversion practices under California Unfair Competition Law, including five-month trial
successful defense appeal of judgment in Schwartz v. Visa International Service Association, et al. (2005) 132 Cal.App.4th 1452 (rev. granted 2005
rev. dismissed 2007).
Represented largest independent publisher of yellow pages phone directories in California as plaintiff in below cost pricing, loss leader
secret rebate action under California Unfair Practices Act, favorably settling for a confidential amount. AGI Publishing, Inc. v. YP Western Directory, Fresno Superior Court, Case No. 14 CE CG 00656.
Obtained complete dismissal of sham litigation, predatory pricing
state unfair competition counterclaims in patent infringement action concerning electric grid voltage optimization technology. RGA Varentec, Inc. v. GridCo, Inc., Case No. 16-217-RGA-MPT (D. Del.).
Defended international electronics companies in civil price-fixing class actions regarding static r
om access memory chip products. In re SRAM Antitrust Litig., MDL No. 1819.
In numerous separate actions, defended
obtained favorable settlements for international electronics distribution
marketing companies against claims of false
misleading advertising of inkjet printers, MP3 players
hard disk drives, respectively, under California's Unfair Competition Law, False Advertising Law
Consumers Legal Remedies Act.
Obtained dismissal for leading global payments & technology company in representative action challenging payment card chargeback practices under California Unfair Competition Law.
Participated in successful trial defense of The Hearst Corporation in private antitrust action challenging acquisition of the San Francisco Chronicle. See Reilly v. The Hearst Corporation, et al. (N.D. Cal. 2000) 107 F.Supp.2d 1192, 2000-2 Trade Cas. (CCH) 72,992.
Experience
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Bar Admission & MembershipsAdmissions1999, California
U.S. Courts of Appeals for the Fifth, Seventh, Ninth and Federal Circuits
U.S. District Courts for the Northern, Central, Eastern and Southern Districts of California
MembershipsMemberships
•American Bar Association, Antitrust Section
•California Lawyers Association - Antitrust, UCL and Privacy Section
•Executive Committee, Antitrust and Business Regulation Section of the Bar Association of San Francisco -
Education & CertificationsLaw SchoolUniversity of California, Berkeley
Class of 1999
J.D.
Other EducationUniversity of Virginia
B.A.
with distinction
University of Virginia
B.A.
1993 Phi Beta Kappa