Overview

Dan is a skilled antitrust lawyer whose clients appreciate his dedication, creativity, and depth of experience. He handles all the major aspects of the practice, including civil litigation, cartel matters, mergers and acquisitions, and counseling. Based in Washington, D.C., he represents clients before the Federal Trade Commission and the Department of Justice’s Antitrust Division, as well in matters brought by state attorneys general. Dan also handles a diverse range of consumer protection matters, including the evolving area of privacy regulation, and is an experienced litigator in complex general litigation.

Dan’s antitrust litigation experience encompasses a broad range of civil and criminal matters in federal courts, including class actions and multidistrict litigation. He has handled price fixing matters, monopolization civil cases, patent infringement-related antitrust counterclaims, Robinson-Patman Act claims and unfair business practices claims brought under state law. He has represented companies both as defendants' and plaintiffs’ counsel.

An additional focus of Dan’s practice is handling criminal antitrust investigations. He represents companies and individuals responding to grand jury subpoenas and providing testimony to grand juries. He has handled national and international matters, coordinating multijurisdictional investigations. Dan has negotiated pleas and successfully garnered immunity for an individual executive.

With significant experience as an antitrust deal counsel, Dan has represented clients in connection with antitrust investigations of mergers and acquisitions, including over 20 investigated deals, either through the Hart-Scott-Rodino process or post-deal investigations. He also has been involved in the rare merger litigation involving either the Department of Justice or the Federal Trade Commission.

Dan’s antitrust practice encompasses significant matters involving a wide range of industries, including supermarket retailing; soft drinks; coffee; consumer products; energy and energy distribution; publishing; technology, including semiconductors and online sales and payment; electronic goods; telecommunications; pharmaceuticals, biotech and medical devices; and transportation.

In the area of consumer protection, Dan represents clients dealing with all facets of the FTC’s Bureau of Consumer Protection, including investigations and litigation, advertising counseling, rulemakings, policy studies and reports, 6(b) industry-wide investigations, negotiating consent decrees and legislative efforts. Recently, he has advised clients on investigations of telemarketing and telefunding efforts, advertising practices, the evolving regulation of the collection and use of personal information, deceptive health and food advertising, rebate and pricing practices in the retailing industry, financial regulation and credit reporting, and the recent legislative activity regarding privacy. He also defends clients in FTC investigations and enforcement actions and protects their interests in litigation under state consumer protection statutes and the Lanham Act.

Dan also has significant experience in handling complex civil litigation.

From 1994 to 1995, Dan served as a law clerk for the Honorable Jerry E. Smith of the U.S. Court of Appeals for the Fifth Circuit and from 1993 to 1994, he was an extern law clerk for the Honorable James L. Buckley of the U.S. Court of Appeals for the D.C. Circuit.

Experience

A representative sampling of Dan’s experience includes:

Civil Litigation & Criminal Defense Matters

  • Serving as lead trial counsel for book publisher Penguin (USA) Inc. in the eBooks action brought and tried by the U.S. Department of Justice – named by Global Competition Review as the Behavioral Matter of the Year (2013–Americas) – as well as in over 30 cases brought by state attorneys general and private class actions.
  • Serving as lead trial attorney in a competitor-plaintiff antitrust and business torts action in New Jersey federal district court.
  • Representing a state in investigating and preparing a preliminary injunction action related to a corporate acquisition by a global agricultural products and services provider.
  • Representing a global electronics manufacturer in the DRAM grand jury investigation and ultimate plea and related civil litigation.
  • Defending The Coca-Cola Company in PepsiCo v. Coca Cola, a leading monopolization and distribution case brought under Section 2 of the Sherman Act.
  • Representing a transportation company CEO in a cartel investigation.
  • Representing a foreign executive in an auto parts criminal investigation.
  • Representing a global telecommunications company in a long-distance telephone reseller case alleging antitrust and business tort claims.

Antitrust Merger Matters

  • Representing Starbucks in its acquisition of Seattle’s Best Coffee Co.
  • Defending a global provider of 3D printing products and services in Section 7 litigation.
  • Representing a major supermarket retailer who was a key witness in the FTC’s lawsuit against Whole Foods.
  • Representing multiple supermarket retailers in both company-wide and store-by-store acquisitions, including providing pre-deal counseling, advocating deals to the FTC, and negotiating divestures.
  • Representing a major food and agricultural company in investigated mergers and related divestitures.
  • Representing radio and outdoor advertising companies in multiple investigated deals related to series of acquisitions in various advertising markets.

FTC/DOJ Regulatory Matters

  • Representing a client in a post-merger FTC investigation of an alleged non-Hatch-Waxman “reverse payment” case involving FTC scrutiny of the client’s patent portfolio.
  • Defending a major supermarket chain in an FTC slotting fees investigation.
  • Representing clients and clients’ interests in antitrust matters before members of Congress and congressional committees.

FTC Consumer Protection Matters

  • Representing three related movie companies and their principal in potentially precedent-setting telemarketing litigation involving an attack on charitable fundraising activities.
  • Defending a trade association’s public-service advertising campaign with resolution through a consent decree.
  • Negotiating a precedent-setting consent decree on behalf of a data aggregation company in what was the largest privacy civil penalty action in FTC history.
  • Defending an international entertainment and media corporation, a major pharmaceutical company and various direct marketing companies in FTC consumer protection investigations.
Publications
Presentations
  • “Noerr Pennington Doctrine: Understanding the FTC Report,” February 2007
Professional and Civic

Professional Associations

  • American Bar Association Section of Antitrust Law; former senior editor, Antitrust Law Journal
  • Republican National Lawyers Association
  • The Federalist Society

Professional Activities

  • Vice Chair, Agriculture and Food Committee, Antitrust Section, ABA
  • Antitrust Advisor Board, Strafford Publications
News