Bingham

Bingham

Frank M. Hinman

Partner

Frank Hinman co-chairs Bingham’s Antitrust, Competition and Trade Regulation Practice Group.

Chambers USA has described Frank as a “thoughtful heavy-lifter” and a “talented antitrust attorney who provides excellent advice to clients.” He has been practicing antitrust law for more than 20 years and represents clients in all aspects of public and private enforcement, including international cartel cases, class actions, merger clearances and civil conduct investigations. He also provides day-to-day counseling on competition issues‚ with an emphasis on distribution and acquisition strategies.

Frank is a past vice-chair of the ABA Antitrust Section’s Trade, Sports and Professional Associations Committee, speaks regularly on antitrust issues, and has contributed to many Section publications, including the recent Sports and Antitrust Law handbook.

Frank has won approximately $170 million in appellate reversals in state and federal appellate courts across the country. He regularly advises trial counsel on appellate strategy and error preservation, and has been recognized as a leading Bay Area appellate practitioner.

Frank has been honored for his pro bono work by, among others, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area and California Lawyer magazine. He sits on the firm’s Diversity Executive Committee.

Experience

  • In re Intel Corporation Microprocessor Antitrust Litigation — Defeated class certification in putative nationwide class actions challenging Intel’s core sales and marketing practices
  • CollegeNET v. The Common Application — Defending a leading provider of college application processing services against Section 1 and 2 claims
  • Caitlin Y. v. Oakland Raiders — Representing the National Football League in defense of Cartwright Act claim
  • Representing premium consumer goods manufacturers in establishing North American and worldwide distribution system
  • Oracle Corp. v. CedarCrestone — Obtained dismissal on the pleadings of antitrust aftermarket counterclaims in IP dispute
  • State of New York v. Intel Corp. — Obtained dismissal of most claims in action brought on behalf of New York public and private entities under New York and federal antitrust laws
  • Persuaded the FTC to close investigation of consumer goods client related to vertical price restraints
  • In re Flash Memory Antitrust Litigation — Defeated class certification in putative direct and indirect purchaser price-fixing class actions; see 2010 U.S. Dist. Lexis 59491 (N.D. Cal.)
  • In re Walk-Ons Antitrust Litigation — Defeated class certification of Sherman Act case challenging scholarship limits; see 2006 U.S. Dist. LEXIS 28824 (W.D. Wash.)
  • Tanaka v. Univ. of Southern California — Won dismissal on the pleadings and affirmance for Pac-10 Conference in Section 1 case for failure to allege relevant antitrust markets; affirmed, 252 F.3d 1059 (9th Cir. 2001)
  • Vinci v. Waste Management Corp. — Won dismissal on the pleadings and affirmance in Section 1 case for lack of antitrust standing; affirmed, 80 F.3d 1372 (9th Cir. 1996); 36 Cal. App. 4th 1811 (1996)

Events

  • Vertical ‘Hardcore’ Restrictions of Competition: An International Roundup, ABA Section of International Law Antitrust Law Committee Teleconference (2014)
  • The Antitrust-Labor Interface: Not Just for Pro Athletes, ABA Antitrust Section Spring Meeting (2012)
  • “Strange Bedfellows” — Ethical Considerations with Joint Defense Agreements in Civil & Criminal Antitrust Cases, ABA Antitrust Section Spring Meeting (2010)
  • Antitrust Developments: Some Observations and Predictions, Silicon Valley Association of General Counsel All Hands Meeting (2006)
  • A Merger Presentation to the Agencies: A Case Study, NERA Antitrust and Trade Regulation Seminar (2005)
  • U.S. v. First Data Corporation and Concord EFS, Inc., ABA Antitrust Section Spring Meeting (2004)

Publications

Memberships

  • American Bar Association, Section of Antitrust Law
  • Vice-chair, Trade, Sports and Professional Associations Committee of the ABA Section of Antitrust Law (2010-2012)
  • Associate editor, Antitrust (2002–2006), published by the ABA Section of Antitrust Law
  • State Bar of California, Antitrust and Unfair Competition Law Section
  • Bar Association of San Francisco

Awards & Honors

  • Chambers USA, Antitrust (California) (2011–present)
  • Best Lawyers, Antitrust Law (2010–present)
  • Super Lawyers, Antitrust (Northern California) (2011–present)
  • Super Lawyers, Appellate (Northern California) (2004–2006)
  • California Lawyer, Angel Award for pro bono representation
  • Keta Taylor Colby Pro Bono Award, Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
  • Phi Beta Kappa
  • Omicron Delta Epsilon (Economics Honor Society)

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