Darcy M. Brosky

Practices

• Antitrust, Competition & Distribution
• Business Litigation
• White-Collar Criminal / Internal Investigations

Professional Experience

Darcy is an associate in the Competition, Antitrust & White-Collar Crime practice group. She focuses her practice on litigating unfair competition, intellectual property, trade secret misappropriation, distribution, antitrust matters and white collar criminal litigation and providing advice and guidance to clients concerning distribution and antitrust and unfair competition issues. Darcy has also drafted numerous agreements related to product distribution in the United States and internationally. As a Certified Information Privacy Professional, Darcy regularly counsels clients regarding various privacy issues.

She is admitted to practice in the state courts of Ohio, and before the United States District Court for the Northern District of Ohio and the United States Patent and Trademark Office.

Education

• The University of Chicago Law School, J.D., 2008, with honors
• University of Michigan, B.S.E., 2004, cum laude

A representative sampling of Darcy's experience includes the following:

• Dealer Matters
• Represented manufacturers in actions brought by dealers, and sales representatives alleging violations of the Wisconsin Fair Dealership Law, the Minnesota Heavy and Utility Equipment Manufacturers and Dealers Act and the Texas equipment dealer statute.
• Drafted and advised on the terms of dealer, distributor, sales representative and other product distribution or supply arrangements for clients engaged in the manufacture or supply of welding equipment, outdoor power equipment, and material handling equipment.
• Provided guidance to manufacturing clients on termination or appointment of dealers and distributors in the United States and internationally.
• Advised manufacturing clients on international distribution issues, including compliance with the Foreign Corrupt Practices Act and foreign laws prohibiting bribery and corruption in connection with the sale of goods.
• Advised manufacturing clients on the legality of product distribution restraints under state and federal antitrust laws and European Union competition law.
  
  
• Antitrust Litigation
• Defended a manufacturer of flooring compounds for commercial construction applications against counterclaims alleging secondary-line price discrimination under the Robinson-Patman Act.
• Represented manufacturer of electronic key duplication equipment in action alleging monopolization and attempted monopolization of key duplication equipment in Big Box retail stores.
  
  
• White Collar Crime
• Secured a $3.3 million judgment against a former general manager of a division of a Fortune 500 motion control equipment manufacturer in an intricate employee embezzlement case involving the theft of more than $400,000 in company funds.
• Won jury verdict acquittal of a general manager of an international construction company  in federal corruption prosecution.  Client was the only person acquitted of all charges arising from involvement in the Cuyahoga County corruption scandal
• Defended a mechanical contracting company and its president in a bribery investigation arising from an award of United States Post Office construction contracts and obtained a downward departure from federal sentencing guidelines to a sentence of probation
• Secured immunity under company’s plea for executive suspected of participating in international price fixing conspiracy.
  
  
• Privacy Counseling
• Drafted and reviewed online terms and conditions and privacy policies.
• Advised clients regarding compliance with E-Sign Act, COPPA, FEPR and other privacy legislation.
• Counseled clients seeking to transfer data stored in the EU to locations in the United States.
• Responded to data privacy breaches that involved the compromised data of residents throughout the United States.

• Author/Editor, Antitrust Law Development (Sixth) · 2010 Annual Review, American Bar Association, 2011