Over the years, as part of its commercial practice, the Firm has litigated a number of cases under the federal antitrust laws. The Firm has both initiated such cases and been asked to join them as co-counsel in order to capitalize on our expertise in federal litigation and trial practice. Clients involved in commercial disputes have also called upon us to conduct antitrust-related investigations and reviews in advance of or in conjunction with ongoing commercial litigation.
- In In re Visa Check/MasterMoney Antitrust Litigation, the Firm joined as co-counsel in one of the largest and most important antitrust litigations in U.S. history. Plaintiffs consisted of over 5 million U.S. merchants who alleged tying and monopolization claims against Visa and MasterCard. The Firm was retained to prepare the case for trial, played the role of defense counsel in a one-week mock trial conducted before 40 "jurors," and assisted in witness preparation and jury selection for trial. The case settled on the eve of trial for $3 billion, the largest antitrust settlement in U.S. history.
- In Kesmai Corp v. America Online, Inc., the Firm served as principal co-counsel for plaintiff Kesmai Corporation, a subsidiary of News Corporation, in a case involving allegations of monopolization and other federal antitrust violations against America Online. We conducted dozens of depositions and prepared several motions in this "fast track" Virginia litigation before the matter settled on the eve of trial.
- In Witherspoon v. Don King, the Firm successfully represented former world heavyweight champion Tim Witherspoon in an antitrust and fraud suit against promoter Don King.