Industry experts gather to discuss the role of technology and emerging trends in antitrust litigation.
Part two of this video series highlights issues and strategies around reducing time and cost when responding to antitrust requests.
Experts explore their most pressing challenges related to time and cost as well as discuss ways to manage these within their antitrust practice.
The role of technology
Time and cost
Evolving for the future
Closing remarks
Christian Mahoney’s practice focuses on ediscovery, artificial intelligence, data analytics, and information governance.
As senior attorney, Christian leads the Discovery and Litigation Technology group in the Washington office. He advises clients on defensible data retention, preservation, collection, review, and production processes for antitrust, securities enforcement, and litigation matters. He also trains Cleary attorneys and co-counsel on discovery-related issues with a focus on both information governance and artificial intelligence, including predictive coding, and speaks externally on these issues.
In this role, Christian develops policies for clients on retention of data, negotiates discovery procedures and utilization of advanced technology with government regulators and opposing counsel, prepares clients for and defends 30(b)(6) depositions on data preservation and discovery issues, revises client collection processes, and implements sophisticated technology processes, including customized usage of predictive coding, for identification of data for review and production.
Prior to joining the firm, Christian worked at Xerox Litigation Services, where he consulted with clients on usage of advanced technology and processes in response to discovery requests.
Gorav Jindal is a skilled antitrust lawyer with hands-on knowledge of agency practice, procedure, and personnel. He combines the quantitative analysis of a background in engineering and economics with the persuasive skills of a litigator and nationally ranked intercollegiate debater. He guides clients past antitrust obstacles, providing creative and innovative antitrust analyses, whether in defense of a potential or consummated transaction or as a counselor on the full range of business practices. His work led to his appointment as co-chair of the firm’s Innovation Committee.
Gorav’s practice combines government and private sector experience on behalf of clients in a variety of industries. He handles all phases of merger investigations conducted by the U.S. Department of Justice (DOJ) and the FTC. He has navigated clients through the antitrust aspects of transformative transactions and antitrust litigation, and was a vital member of the team that won Global Competition Review’s antitrust “Matter of the Year” award in 2014.
He focuses in particular on the pharmaceutical and energy industries and has represented large and small pharmaceutical companies under investigation by the FTC for price-fixing, improperly listing patents in the Orange Book, and entering into illegal patent settlements, as well as allegations of business practices designed to unfairly lengthen the life-cycle of branded drugs under the Hatch-Waxman Act. In 2017, Legal 500 US noted his “particular expertise in antitrust issues connected with the pharmaceuticals sector.”
Gorav also has experience in handling antitrust litigation matters. He has assisted in the development of litigation strategy for preliminary injunction hearings and complex commercial litigation. He represents clients that have been targeted in criminal antitrust proceedings, focusing on the plausibility of criminal theories and assessing the likelihood of indictments and convictions.
Prior to joining private practice, Gorav served in the FTC’s Bureau of Competition. He investigated a number of highly publicized transactions, including mergers in the publishing, computer hardware and chemical industries.
Kenneth S. Reinker’s practice focuses on all aspects of antitrust law, including litigation, government investigations, and merger review. Ken’s practice spans all industries, including extensive experience in pharmaceuticals, medical devices, and health care; high-technology industries; media; and financial institutions.
Ken has particular experience in the application of economics to legal matters and in working with economic experts. After law school and prior to joining the firm, he worked as an antitrust economist consulting on monopolization litigation as executive director of Legal Economics LLC.
In addition to appearing before U.S. courts and regulators, he has had in-depth involvement with China’s Ministry of Commerce (MOFCOM) and other global regulators.
Ken joined the firm in 2010 and became a partner in 2017.
Corey Roush represents clients in federal antitrust, consumer protection, and qui tam investigations and litigation in district and appellate courts around the country. He has represented clients before the FTC, the Antitrust Division of the U.S. Department of Justice (DOJ) and various attorneys general around the country. He has litigated multiple merger trials against the government, including both the FTC and DOJ. Most recently, he led the trial team in 2018 against the FTC in its challenge to the global merger of two marine chemical providers. The Chambers USA 2018 Antitrust rankings note that clients recognize Corey as being “measured and very smart – he does a tremendous job and has a cool demeanor.”
Corey also counsels clients in various industries on compliance with federal and state laws and regulations, including the Sherman Act, the FTC Act, the Anti-Kickback Statute and the False Claims Act. He has represented clients in federal, state and congressional investigations regarding:
Additionally, Corey provides compliance counseling on related marketing and pricing laws, agency regulations and industry guidelines. He has represented clients before almost all of the divisions of the FTC’s Bureau of Consumer Protection.
Corey has won several dismissals of cases at the motion to dismiss and summary judgment stages, as well as assisted in procuring favorable settlements of federal antitrust and consumer protection claims and false claims and anti-kickback cases in various industries, including technology, retail, health care, defense, aeronautics and medical devices. He has developed a particular niche in representing clients in the life sciences, retail, and direct selling industries.
Corey is also experienced in a wide range of issues related to mergers, acquisitions and joint ventures, and he has litigated against the FTC and the DOJ to preserve proposed and consummated mergers. Recently, Corey concurrently led teams responding to two publicly announced Second Requests and a third non-public Second Request before three different merger shops at the FTC. For each deal, he developed a tailored and sophisticated strategy influenced by whether he represented the buyer or seller, by his clients’ primary objectives (speed versus no divestiture), by the industry and by the group of antitrust enforcers with whom he was working.
His work also extends to conducting internal investigations related to his areas of experience as well as responding to administrative subpoenas, civil investigative demands and other government requests for information.
Larry Malm’s practice focuses on antitrust litigation. Larry has represented clients on a number of high stakes civil cases involving all aspects of antitrust law, including complex monopolization, restraint of trade, and price-fixing issues. He has advised domestic and international clients in a range of industries on every stage of a complex antitrust litigation, including preliminary injunctions, motions to dismiss, discovery, summary judgment, class certification, pre-trial motions, trial, post-trial motions, appeal, and settlement.
During law school he worked full-time at a prominent Washington think tank on U.S. foreign policy issues. Larry joined the firm in 2010 and became counsel in 2019.
Haidee Schwartz focuses on guiding her clients’ transactions through U.S. and international antitrust agency reviews. She represents entities in conduct investigations and provides counsel regarding business operations and planning in relation to U.S. and global competition laws and policy development.
From July 2017 to March 2019, Haidee served as Acting Deputy Director of the Bureau of Competition at the FTC. In this position, she oversaw the enforcement of the U.S. antitrust laws and managed investigations across multiple merger divisions in the FTC’s Bureau of Competition as well as the FTC’s Health Care division and Northeast Regional Office. She has directed investigation and litigation teams focused on transactions in various industries, including pharmaceuticals, medical devices, chemicals, energy, technology, health care, consumer goods, and retail.
Prior to that position, she served as an Attorney Adviser to then-Acting Chairman and previously Commissioner Maureen K. Ohlhausen. In her roles at the FTC, she represented the agency and spoke on a range of competition issues, including big data, technology, and overall Commission practices. Her unique experience of having worked with all of the current FTC Commissioners gives her important insight into how the Commissioners consider and evaluate matters before them.
Haidee also draws upon eight years of experience in private practice at a large international law firm, where she represented clients subject to FTC and DOJ merger and conduct investigations as well as DOJ criminal investigations, and defendants in private antitrust class actions. She also provided strategic advice to companies on a wide range of antitrust matters.
Haidee previously worked as an executive at a global public affairs firm, directing public policy and communications strategies for corporate clients. Her work involved developing communication strategies to guide mergers and acquisitions through congressional scrutiny and regulatory reviews involving the DOJ, the FTC, the Committee on Foreign Investment in the United States, the Federal Communications Commission and the Department of Transportation. She also handled crisis communications.
Bill Mariano is an attorney and Vice President at Lighthouse. In his role, Bill works with Fortune 500 corporations and AmLaw 100 law firms throughout the United States, Europe, and Asia Pacific to help clients improve their strategies for handling complex discovery matters while creating greater cost and control efficiencies throughout the discovery process.
Prior to his start in the ediscovery industry over 12 years ago, Bill was a litigator for 5 years, as well as a guest trial advocacy instructor at Seton Hall University where he taught students how to leverage technology in practice. He is also a frequent presenter and author on a variety of topics including: How to Develop an Electronic Discovery Action Plan; The FRCP Amendments: Dealing with Electronic Discovery; Emerging Case Law in Electronic Discovery; and Leveraging Technology to Reduce Discovery Costs.
Bill earned his J.D. from Seton Hall University School of Law.
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