Cases
Experience: Representative Engagements: Litigation: Defending Essex Property Trust (NYSE: ESS) against antitrust claims relating to alleged conspiracy to fix rental rates for multifamily apartment units. Competitors allegedly carried out the conspiracy using industry software
algorithm provided by RealPage. In re RealPage, Inc. Rental Software Antitrust Litigation (No. II), Case No. 23-3071 (M.D. Tenn.)
Representing Dr. Rol
Chalifoux in his antitrust case against the West Virginia University Health System, alleging monopolistic conduct relating to interventional pain management services in West Virginia. Defendants' motion to dismiss denied. Chalifoux v. Wetzel County Hospital, Inc., Case No. 22-cv-313 (N.D.W.V. Order dated June 22, 2023).
Defending Cyient, Inc. against antitrust claims brought by a putative class of aerospace engineers alleging a 'no-poach' conspiracy between employers not to hire from each other from 2011 to the present. Borozny et al. v. Raytheon Technologies Corporation, Pratt & Whitney Division, et al., Case No 3:21-cv-01657 (D. Conn.).
Defending Hartford HealthCare Corporation against monopolization claims brought by competitor Saint Francis Hospital
Medical Center in federal court,
also against related class action brought by a putative class of individuals enrolled in commercial health plans. Saint Francis Hospital
Medical Center, Inc. v. Hartford Healthcare Corporation, Case No. 3:22-cv-00050-AVC (D. Conn.)
John Brown et al. v. Hartford HealthCare Corp., Case No. HHD-CV22-6152239-S (Superior Court of the Judicial District of Hartford).
Defending honey importer Export Packers Company Limited dba Odem International against an antitrust
RICO class action brought by a putative class of U.S. domestic beekeepers, relating to a purported conspiracy to sell foreign fake honey. All claims dismissed. Henry's Bullfrog Bees v. Sunl
Trading, Inc., Case No. 2:21-CV-00582-TLN-CKD (E.D. Cal. Order dated Feb. 23, 2022).
Defending The Reynolds
Reynolds Company against state
federal antitrust claims relating to data management system access. Monopolization
attempted monopolization claims dismissed at pleading stage. Motor Vehicle Software Corporation v. CDK Global, Inc., Case No. 17-896 (C.D. Cal. Order dated Oct. 2, 2017). Motion for summary judgment on conspiracy claims partially granted, eliminating majority of remaining potential liability. In re Dealer Management Systems Antitrust Litigation, Case No. 18-864 (N.D. Ill. Order dated Jun. 29, 2023).
Defending JRK Residential Group, Inc. against putative class action alleging price gouging of apartment rental rates in California following wildfire emergencies. Felker v. JRK Residential Group, Inc., Case No. SCV-267587 (Sonoma County Superior Court).
Representing cement producer CalPortl
Company in antitrust case against four major railroads accused of allegedly price-fixing rate-based rail fuel surcharges. CalPortl
Company v. BNSF Railway Company, Case No. 2:20-cv-03659 (C.D. Cal.).
Co-lead trial counsel for defendants in two-month antitrust trial in 2019 before Judge Edward Davila in case involving alleged price-fixing
market allocation claims relating to telescopes. Successfully obtained summary judgment on below-cost pricing
refusal to deal issues prior to trial. Optronic Technologies Inc. v. Ningbo Sunny Electronic Co. Ltd. et al., Case No. 5:16-cv-06370 (N.D. Cal. Order dated Sept. 20, 2019).
Defended CalPortl
Company against False Claims Act claims premised on alleged conspiracy to fix prices
allocate markets relating to cement, concrete
asphalt. All claims dismissed
affirmed by Ninth Circuit. S. ex rel. Rune Kraft v. CalPortl
Construction, Case No. 16-4479 (C.D. Cal. order dated Mar. 9, 2018), aff'd, Case No. 18-55594 (9th Cir. opinion dated Apr. 7, 2020).
Defended Save Mart against putative class action alleging price gouging of eggs in California. Plaintiff asserted a single claim under California's Unfair Competition Law, Cal. Bus. & Prof. Code section 17200, predicated upon an alleged violation of California Penal Code section 396, which prohibits price gouging. Claim against Save Mart was voluntarily dismissed after Save Mart filed a motion to dismiss. Fraser v. Cal-Maine Foods, Inc., Case No. 20-2733 (N.D. Cal.).
Defended Amerifoods against putative class action alleging price gouging of eggs in California. Plaintiff asserted claims under California's Unfair Competition Law, Cal. Bus. & Prof. Code section 17200, predicated upon an alleged violation of California Penal Code section 396, which prohibits price gouging. Claims against Amerifoods voluntarily dismissed. El
er v. Rose Acre Farms, Inc., Case No. 20STCV33673 (Los Angeles County Superior Court).
Merger Review: 2015-2023: Represented CalPortl
Company in connection with multiple acquisitions involving cement plants, cement terminals,
ready-mix concrete plants, including Second Request response.
2022: Represented Bellami in its acquisition by Beauty Industry Group, combining two leading providers of hair extensions. Beauty Industry Group Announces Acquisition of BELLAMI Hair - BeautyIndustryGroup
2020: Represented Lakin Tire in its acquisition by Liberty Tire Recycling, combining two leading providers of tire recycling services. Sheppard Mullin Represents Lakin Tire in Acquisition By Liberty Tire: Sheppard Mullin
2020: Represented OverDrive in its acquisition by KKR, combining two leading digital reading platforms used by libraries
schools. KKR Completes Acquisition of OverDrive - OverDrive
2018: Represented Interior Specialists, Inc., in its combination with Interior Logic Group, Inc., combining two leading interior finish services companies. Interior Logic Group, Inc.
Interior Specialists, Inc. Announce Merger Closing Business Wire
Conduct Investigations: 2022: Representing client in connection with confidential investigation by Washington attorney general relating to alleged antitrust conspiracy.
2022: Representing third parties in connection with federal antitrust investigations concerning alleged anticompetitive conduct by technology companies.
2022: Represented Smart & Final Stores, LLC
favorably resolved California attorney general investigation relating to alleged price gouging of eggs. People v. Smart & Final Stores, LLC, Case No. 22CIV01378 (Superior Court of the State of California, County of San Mateo). https://www.law360.com/articles/1481365/grocery-chain-pays-175k-in-calif-s-covid-price-gouge-suit
2020-2021: Represented several grocery store chains
favorably resolved confidential investigations by CA, NV, OR,
WA attorneys general, as well as local district attorneys, relating to alleged price gouging of eggs, water, toilet paper,
other food
grocery items.
