Hot Topics in Antitrust

Wesley R. Powell is a partner in the Litigation Department and a member of the Antitrust Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Powell’s practice focuses on complex civil antitrust and securities litigation and legal issues impacting the financial services industry. His antitrust experience includes litigations, mergers, investigations and counseling clients, and he regularly appears in federal court and before the antitrust enforcement agencies in connection with those matters. He also counsels clients on payments industry regulation in the U.S. and abroad.  In addition, Mr. Powell’s practice includes global regulatory advocacy and counseling on competition, trade regulation and other commercial matters.

Chambers USA (2007-2014) ranks Mr. Powell among the leading individuals practicing Antitrust Law in New York. He is also recognized in The Legal 500 United States: Volume III Litigation and New York Super Lawyers (2010).

Selected Professional and Business Activities

Mr. Powell is a member of the New York State Bar Association (Antitrust Section Executive Committee), and the American Bar Association (Antitrust Section).

Mr. Powell has served as lead pro bono counsel in a habeas corpus action by a group of detainees challenging detention at Camp Delta, Guantanamo Bay, Cuba.

Prior Experience

Prior to joining Willkie, Mr. Powell was a partner at Hunton & Williams and was also previously with Clifford Chance.

Selected Significant Matters

Antitrust Litigation

• Defended MasterCard against price-fixing, tying, and exclusive dealing class-action claims and related state and federal regulatory proceedings (see In Re Swipe Fee Litigation, American Lawyer "Big Suits" column, 10/2012). Representing MasterCard in appeals and related follow-on litigation.

• Currently representing a private equity firm in an antitrust challenge to alleged joint bidding for acquisition of public companies

• Recently advised financial trading firm on antitrust issues in United Healthcare Services/Psychiatric Solutions merger

• Represented major broker-dealer in an antitrust challenge to alleged trading practices on the New York Stock Exchange

• Represented defense contractor against exclusive dealing and related antitrust claims brought by competitor

• Represented MasterCard in In re Visa Check/MasterMoney Antitrust Litigation

• Represented MasterCard in governance, boycott and tying investigations brought by the Department of Justice

• Represented a seed manufacturer in Genetically Modified Seeds Antitrust Litigation, which resulted in denial of class action status to a group of farmers alleging price fixing in the genetically modified seeds industry

   

Financial Services Regulation

• Currently advises firm client on payments industry regulatory matters globally

• Represented Mexican Bankers' Association in connection with payments industry regulatory matters in Mexico

   

Securities and other Litigation

• Represented a publicly traded investment management company in connection with regulatory investigations concerning alleged market timing in mutual funds and related multidistrict civil litigation

• Represented an investment management firm in an action challenging suitability of the firm's investments for a pension fund

• Represented a former senior executive of a mutual fund distribution company in an action by the Securities and Exchange Commission concerning alleged mutual fund market timing activity

• Represented major financial institution as first lien secured creditor and true party in interest in adversary proceeding in U.S. Bankruptcy Court to enjoin termination of debtor’s most critical contract; obtained permanent injunction and declaratory relief

   

Selected Publications and Lectures

Publications

• "Supreme Court Extends ‘Rigorous Analysis’ Standard for Class Actions to Damages Claims in Comcast Corp. v. Behrend," WFG Client Memorandum, April 10, 2013

• "US Anti-Trust Laws: Reach Expanded?" CNBC-India television interview (aired August 10, 2012) and published on MoneyControl.com (August 13, 2012) (Click here to view interview)

• "Following Wal-Mart v. Dukes, District Court in Ninth Circuit Requires ‘Rigorous Analysis’ in Antitrust Class Certification Decisions," 9 THE ANTITRUST PRAC. 11 (2012)

• "The Roberts Court on Antitrust," The Corporate Counselor, Volume 22, Number 6 (November 2007, co-author)

• "Antitrust Disputes Nixed: SEC Governs IPO Underwritings," New York Law Journal (August 23, 2007, co-author)

• "Considering Credit Suisse," The Daily Deal (July 9, 2007, co-author)

• "Abbott Laboratories v. Teva Pharmaceuticals USA, Inc.,"Sherman Section One Newsletter (American Bar Association, Section of Antitrust Law) (Winter 2007, co-author)

   

• "Settlement Class Certification: Application of a More Flexible Certification Standard Since Amchem," 4 The Antitrust Prac. 6 (July 2006, co-author)

• "Update on Patent Settlement Cases," Sherman Section One Newsletter (American Bar Association, Section of Antitrust Law) (Spring 2006, author)

• "Be Careful What You Waive: Giving Up Attorney-Client and Work-Product Privileged Material To Investigators Could Affect Private Litigation Later," Daily Journal Securities Law Update (April 28, 2004 co-author)

• "Publication of Non-Profit Media Watch-Dog Group Deemed Commercial Speech," Libel Defense Resource Center Libel Letter (August 2001, co-author)

• "Publishing Without Borders: Internet Jurisdictional Issues," Practicing Law Institute (May 2001, co-author)

• "Defining Commercial Speech: The Search for Clarity in a Clash of Values," Libel Defense Resource Center Bulletin (April 2001, co-author)

• "Libel Defense Resource Center 50-State Survey" (Media, Privacy and Related Law), Second Circuit Chapter (2001-2002, co-author)

   

SPEAKING ENGAGEMENTS

• Panelist, "Back To The Future: Revisiting Class Certification in In re: Visa Check/MasterMoney Antitrust Litigation Under The Standards Enunciated in In re: Initial Public Offering Securities Litigation" (NYSBA, Antitrust Section, Annual Meeting, January 2012)

• "Defending (and not defending) the Defense of Marriage Act" (May 24, 2011, sponsored by LeGaL and New York County Lawyers’ Association)

• Co-chair, Panel on "International Cartel Enforcement in the Digital Age: Collection and Use of Evidence Beyond Borders" (NYSBA, Antitrust Section, Annual Meeting, January 2011)

• Moderator, Panel on "Privilege in the Age of Globalization," (NYSBA, Antitrust Section, Annual Meeting, January 2009)

Matthew Freimuth is a partner in the Litigation Department and a member of the Antitrust Practice Group of Willkie Farr & Gallagher LLP in New York. Mr. Freimuth focuses on complex litigation with an emphasis on antitrust matters. Mr. Freimuth’s antitrust practice focuses on class action litigation, regulatory investigations, mergers, compliance, and client counseling. He regularly appears in federal court and before the DOJ, FTC, and several state attorneys general on enforcement matters. In addition, Mr. Freimuth’s practice includes global regulatory advocacy and counseling on competition, trade regulation and other commercial matters.

Selected Professional and Business Activities

Mr. Freimuth is a member of the American Bar Association (Antitrust Section) and the New York State Bar Association.

Prior Experience

Prior to joining Willkie, Mr. Freimuth was with Hunton & Williams (2005-2009) and Dewey Ballantine LLP(2001-2005).

Selected Significant Matters

• Defended MasterCard against price-fixing, tying, and exclusive dealing class-action claims and related state and federal regulatory proceedings (see In Re Swipe Fee Litigation, American Lawyer "Big Suits" column, 10/2012). Currently representing MasterCard in appeals and related follow-on litigation.
• Currently defending major private equity firm in nationwide class action alleging joint bidding for public companies.
• Regularly advises pharmaceutical clients on antitrust issues related to so-called "reverse payment" patent settlements within the Hatch-Waxman regulatory framework. Defended a global pharmaceutical company in a nationwide class action asserting antitrust claims related to the settlement of a patent dispute
• Represented a regional food distributor in a price discrimination action under the Robinson-Patman Act
• Represented a global spirits manufacturer in a governmental investigation into potential violations of state and federal antitrust laws
• Represents clients in a variety of other commercial litigation matters, including: representation of a loan servicer in two lender liability actions; representation of a state agency in action for fraud, conversion and breach of fiduciary duties against directors and officers of an insolvent insurance company; and representation of an audit committee of a software company under investigation for alleged accounting and reporting irregularities

   

Selected Publications and Lectures

• "In re Text Messaging Antitrust Litigation," Antitrust Practitioner (May 2011)
• "Review Of 2009 Antitrust Case Law," Competition Law360 (January 15, 2010)
• "Sotomayor’s Approach To Antitrust," Competition Law360 (July 9, 2009)
• "Life After ‘Twombly’," New York Law Journal (June 16, 2008)
• "Antitrust Disputes Nixed: SEC Governs IPO Underwritings," New York Law Journal (August 23, 2007)
• "Settlement Class Certification: Application of a More Flexible Certification Standard Since AmChem," Antitrust Practitioner (July 2006)

Heather M. Schneider is an associate in the Intellectual Property Department. Heather’s practice focuses on patent litigation, as well as antitrust issues involving intellectual property. Her litigation experience encompasses an array of technologies, including pharmaceuticals, computer software, medical devices, and chemical products. Her practice also includes client counseling on patent issues, as well as intellectual property issues associated with transactional work including licensing, mergers, and bankruptcy.

Selected Professional and Business Activities

• Heather is a member of the New York Intellectual Property Law Association where she has served on the Programs, Amicus Brief and William C. Conner Writing Competition Committees
• Heather is a member of the ABA Section of Antitrust Law and co-author of Frequently Asked Antitrust Questions, Ch. VI, Antitrust & Intellectual Property (ABA 2d Ed. 2013).
• Prior to attending law school, Heather worked as a Senior Technical Consultant for Hewlett-Packard.

Education

Columbia University School of Law, J.D., 2012

Hamilton College, B.A., 2009

Bar Admissions

New York, 2013

New Jersey, 2012

Court Admissions

United States District Court, Eastern District of New York, 2014

United States District Court, Southern District of New York, 2014