Antitrust Matters

• Cumberland Truck Equipment Co. v. Detroit Diesel Corporation — Represented Detroit Diesel in two class actions alleging that Detroit Diesel conspired with its distributors in violation of Section 1 of the Sherman Act. The case was settled.
• In re New Motor Vehicles Canadian Export Litigation — Represented BMW of North America, LLC and BMW Canada, Inc. in MDL and related state litigation concerning an alleged conspiracy and group boycott designed to restrain the export of new motor vehicles from Canada to the United States. After a series of dismissals on the merits in a number of state court proceedings and dismissals of BMW Canada on personal jurisdiction grounds, voluntary dismissals were secured of all remaining federal and state claims.
• In re New Motor Vehicles Canadian Export Antitrust Litigation — Defended Nissan North America, Inc., Nissan Canada, Inc. and Nissan Motor Co., Ltd. in the series of related federal and state antitrust cases concerning Canadian new motor vehicles exports. Secured judgments in three state proceedings after which the claims in the remaining states were voluntarily dismissed.
• State of Connecticut v. Marsh and McLennan Companies, Inc., et al — Defended reinsurance broker against a lawsuit by the Connecticut attorney general alleging that the reinsurance broker engaged in decades-long antitrust conspiracy involving the sale of reinsurance through reinsurance facilities and other reinsurance marketing practices. The case was settled.
• Representation of executives and corporations in various grand jury antitrust investigations of international cartel activities and parallel or related class action litigation
• Representation of clients being investigated by the Department of Justice, the Federal Trade Commission and state antitrust enforcement agencies
• Representation of parties in merger and acquisitions, joint ventures, joint bidding arrangements and other transactions

White Collar Defense and Government Enforcement Matters

• Defended corporation in grand jury investigation of false claims act violations related to “Big Dig” construction project. The investigation terminated with no charges being filed.
• Defense of numerous healthcare providers and individuals with respect to Medicare and Medicaid false claims action violations. Resolved matters civilly or secured closure of investigations with no civil or criminal liability
• Defense of numerous corporations with respect to state attorneys general investigations involving consumer protection, deceptive advertising, Internet advertising practices, pricing and antitrust matters
• Represented corporate executive in investigation of environmental crimes at unpermitted demolition site. The investigation terminated with no charges being brought against the executive.
• Represented healthcare providers in drug diversion investigations and litigation.
• Conducted internal investigations related to business practices and financial reporting.
• Representation of clients in audits of Bank Secrecy Act and anti-money laundering compliance audit and investigation

Commercial Litigation Matters

• The Great Atlantic and Pacific Tea Company v. The Stop & Shop Supermarket Company, LLC, et al — Representation of major supermarket in Lanham Act litigation in challenge to its comparative advertising campaign highlighting clients’ lower pricing. Injunction denied.
• Representation of retailers in class action litigation challenging promotions and advertising practices
• Representation of major insurance broker in investigations and individual litigation matters
• Defense of financial and securities firms in arbitration matters relating to financial products and marketing practices
• National Ass’n of Chain Drug Stores, et al, v. New Eng. Carpenters Health Benefits Fund, 582 F.3d 30 (1st Cir. 2009) — Representation of leading healthcare trade associations in District Court and appellate challenges to efforts, through a class action settlement, to alter the reported pharmaceutical average wholesale price (AWP)