Cases
Experience: Class Action: Currently representing a multifamily rental housing property manager in an MDL comprised of antitrust cases pending in over 20 states relating to claims that property managers around the country have fixed or artificially increased rental rates through the use of algorithmic pricing software.
Currently representing the nation's largest natural
organic grocery store chain in a class action in the District of Columbia involving non-payment of bonuses. As part of this claim, Greg has argued before the District of Columbia Circuit that the Supreme Court's recent constitutional ruling in Bristol Myers Squibb Superior Court applies to nationwide class actions.
Represents a natural
organic food grocery chain in multiple pending class actions. Cases involve alleged overpricing of pre-packaged foods, improper labeling, wrongful termination claims, securities claims,
ERISA violations. Secured dismissals in cases involving securities litigation
ERISA violations, which have both been affirmed by the Fifth Circuit. Markman v. Whole Foods Market, Inc., 269 F. Supp.3d 779 (W.D. Tex. 2017) aff'd 905 F.3d 892 (5th 2018)
Martone v. Robb, 2017 WL 3326966 (W.D. Tex. Aug. 2, 2017) aff'd 902 F.3d 519 (5th Cir. 2018). Recently obtained summary judgment in client's favor in an alleged over pricing class action, pending in the Southern District of New York. In re Whole Foods Market Group, Inc. Overcharging Litig., 2019 WL 3219690 (S.D.N.Y. July 17, 2019).
Represented a reseller of residential-mortgage-backed securities in putative class action filed in Travis County, Texas by state-affiliated investor.
Defended a 'super-major' oil
gas company in a class action brought in Latin America by all purchasers of retail gasoline against 'super-major' oil companies.
Antitrust
Trade Regulation: Currently representing one of the largest food distributors in the Southwestern United States in an antitrust claim in federal court in Illinois. The client alleges that the largest chicken producers in the United States have engaged in a multi-year conspiracy to fix prices
coordinate supply of broiler chickens. This case is part of a larger series of cases involving class actions
multiple district litigation among various direct purchasers.
Currently representing a midwestern multiple listing service in an antitrust case in California regarding terms
conditions for listing properties on multiple platforms
listing services. Plaintiff alleges that the multiple listing services across the country have entered into an illegal agreement to limit or prohibit private or pocket listings of residential real estate for sale.
Regularly counseling companies regarding the use of AI
other algorithmic software in order to limit antitrust risks that may arise in real estate, manufacturing,
retail industries.
Counseling companies with regard to ESG initiatives in relation to allegations that participating in initiatives are alleged violations of state
federal antitrust
competition laws.
In the health care area represented the Texas subsidiary of a multi-state payor in an antitrust case alleging an illegal boycott under the Sherman Act. Plaintiffs alleged that the client conspired with other payors to prevent Plaintiffs from providing home treatment options in the allergy testing
treatment market in Texas.
Currently representing a company in the market for environmental risk assessment data for property assessments in bringing a claim under Section 2 of the Sherman Act against the market leader. The case involves claims of sham litigation, copyright infringement, improper product bundling,
business disparagement. The case is pending in federal court in the Southern District of New York.
Represented Chinese steel manufacturer in ITC proceeding alleging trade claims
antitrust violations arising from various manufacturers' export of steel into the United States.
Represented an agency of eastern European country in MDL proceedings in Chicago involving antitrust claims related to sale of certain commodities.
Represented an association of physicians in a suit alleging violations of Section 1 of the Sherman Act as well as common law torts such as tortious interference
business disparagement.
Counsel health care providers
hospitals about antitrust issues arising out of l
-use restrictions, joint venture formation
negotiations with payors.
Represented a medical equipment rental company in antitrust action. Claims alleged arose under Sections 1
2 of the Sherman Act
Common Law Tort.
Represent key entity responsible for negotiating pricing programs
establishing distribution solution under HRSA's Prime Vendor Program in a suit alleging violations of Section 1 of the Sherman Act, the Robinson-Patman Act,
Common Law Tort.
Provided counseling
represented domestic
international clients regarding Hart-Scott-Rodino filings
related Second Requests before the U.S. Department of Justice
Federal Trade Commissions. Industries involved included agriculture
gasoline, natural gas transmission, gasoline
crude oil transmission
refining, health care, hotels,
financial services.
Commercial: Represented retailer in real estate dispute with joint venture partner over distribution of proceeds from sale of l
to the U.S. government. The matter involved both state court litigation
AAA arbitration.
Represented Houston-based hedge fund in suit arising out of a failed investment in a film finance company. The fund asserted claims for fraud
negligent misrepresentation.
Coordinating Counsel for a national natural
organic foods grocery chain in various disputes in New Jersey, New York, Connecticut, Arizona, Florida, Texas, California
Illinois.
International: Represented Japanese technology company in case in federal court in Houston regarding an alleged infringement of copyrighted
trademarked materials of a U.S. company on products being developed
marketed in Japan.
Represented Chinese-based designer
fabricator of semiconductors in claims against competitors related to financing
building a new fabrication plant in China.
Energy
Natural Resources: Currently representing Texas electric co-op in federal court in East Texas in contract dispute with regional supplier related to a right of participation in future development of traditional
renewable generation facilities.
Represented Caribbean oil
gas producer in arbitration before the International Chamber of Commerce (ICC) regarding taxes from the purchase of offshore oil
gas leases.
Represented West African nation in disputes involving the development
sale of that country's natural resources in proceeding before the ICC
ICSID, including representation of the country in the first ever Conciliation under ICSID's Additional Facility Rules.
Published Opinions: John v. Whole Foods Market Group, Inc., No. 19-2528-cv (2d Cir. Aug. 25, 2020)
Molock v. Whole Foods Market Inc., 317 F. Supp.3d 1 (D.D.C. 2018).
Markman v. Whole Foods Market, Inc., 269 F. Supp.3d 779 (W.D. TX 2017) aff'd 905 F.3d 892 (5th Cir. 2018).
Martone v. Robb, 2017 WL 3326966 (W.D. Tex. Aug. 2, 2017) aff'd 902 F.3d 519 (5th Cir. 2018).
In re Whole Foods Market Group, Inc. Overcharging Litig., 2019 WL 3219690 (S.D.N.Y. July 17, 2019).
Academy Allergy & Asthma in Primary Care v. Superior HealthPlan, Inc., 2018 WL 43434441 (W.D. Tex. July 23, 2018).
In re Deutsche Bank Securities, Inc., 2014 WL 6045153 (Tex. App.-Austin, Nov. 25, 2014).
Beneplace Inc. v. Pitney Bowes, Inc., 2016 WL 11582932 (W.D. Tex. April 29, 2016).
Schnake ex. rel. Trincan Oil Ltd. V. Coast to Coast Energy, 2009 WL 2633699 (S.D. Tex. Aug. 23, 2009).
