Professional Experience
Consultant
Current
Current
NYMEX Holdings Inc. Unconditional antitrust clearance obtained for merger with CME Group Obtained unconditional antitrust clearance from the U.S. Department of Justice for NYMEX in connection with its multi-billion merger with CME Group. DOJ gave it's consent after a detailed and thorough review of the transaction. Clearance was secured on June 16, 2008 and the companies expect to close in the last quarter of 2008.
Current
Reuters Group plc Secured antitrust clearance for Reuters in its $17.2 billion combination with The Thomson Corporation Weil Gotshal attorneys secured antitrust clearances for Reuters Group PLC in its $17.2 billion combination with The Thomson Corporation. Regulatory clearance was successfully obtained from the Antitrust Division of the U.S. Department of Justice after the parties agreed to sell copies of certain databases. Thomson Reuters is the world’s leading provider of news and data for professional markets.
Current
Daimler, Chrysler, Mercedes-Benz In re New Motor Vehicles Canadian Export Antitrust Litigation Weil, Gotshal & Manges, LLP won a major appellate victory for various U.S. and Canadian Chrysler entities and Mercedes-Benz USA, LLC before the First Circuit Court of Appeals, which dismissed federal injunctive claims and vacated and remanded certification of a damages class consisting of millions of consumers who purchased new motor vehicles. Plaintiffs filed over 100 lawsuits in various state and federal courts beginning in 2003 against number automobile companies alleging that many of the major automobile manufacturers illegally conspired to prevent new vehicles destined for the Canadian market from entering the United States, with the alleged effect of raising new motor vehicle prices in the U.S. This ongoing action is one the largest antitrust class actions in the U.S. with alleged damages of approximately $3 billion. The federal claims were consolidated by the Multi-District Litigation Panel before Judge D. Brock Hornby of the United States District of Maine. In 2006, Judge Hornby certified an injunctive class of new motor vehicle purchasers under the federal Clayton Act. At the same time, Judge Hornby also certified a damages class of new motor vehicle purchasers under the state laws of 23 states, after Weil Gotshal had successfully argued for the dismissal of federal damages claims in 2004. Upon interlocutory appeal of class certification, the First Circuit Court of Appeals found no continuing basis for the injunctive claim and dismissed it, consequently calling into the question the federal court’s subject matter jurisdiction over the remaining state law claims and its personal jurisdiction over the Canadian entities. The First Circuit went on to vacate the certified state damages class, and remanded it to the district court for a more thorough inquiry into the plaintiffs’ theory of antitrust impact, assuming the district court finds a jurisdictional basis by which to keep the remaining claims before it.
Current
Staples, Inc. Staples' bid to acquire Corporate Express Representing Staples, Inc. and Staples Acquisition B.V., in the US and EU, in connection with its unsolicited multi-billion dollar cash bid to acquire Corporate Express N.V. Weil Gotshal is also coordinating the worldwide antitrust clearance process. Antitrust clearance for the transaction was obtained in the United States in the first half of 2008 and it is anticipated that clearance in the European Union will be granted in the near future.
Current
Bausch & Lomb Acquisition of Bausch & Lomb by Warburg Pincus Provided antitrust advice to Bausch & Lomb in its acquisition by the global private equity firm Warburg Pincus. The acquisition was valued at approximately $4.5 billion.
Current
Eastman Kodak Company Acquisition of Creo Inc Secured antitrust clearance from DOJ for Eastman Kodak Company's $980 million acquisition of Creo Inc., a major and expanding competitor. Obtained early termination without divestitures despite the issuance of a Second Request and despite the presence of significant product overlaps. Also obtained competition clearance in five foreign jurisdictions including the EU. Transaction involved two of the leading manufacturers of pre-press equipment and consumables.
Current
Florida Rock Industries, Inc. Acquisition by Vulcan Materials Company Secured antitrust clearance from the DOJ for the $4.2 billion acquisition of Florida Rock Industries, Inc. by Vulcan Materials Company. Florida Rock, a leading producer of construction aggregates, cement, concrete and concrete products, operated in the Southeast and Mid-Atlantic states. Vulcan Materials Co. is the nation’s foremost producer of construction aggregates and a major producer of other construction materials. We were able to successfully negotiate settlement that required divestiture of a limited number of aggregates quarries.
Current
Johnson & Johnson Obtained clearance for Johnson & Johnson's attempted acquisition of Guidant Obtained clearance under both the US HSR Act and the EU merger control regulation for Johnson & Johnson in its attempted $20+ billion acquisition of Guidant Corporation
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Kinder Morgan Management Group Management Buyout of Kinder Morgan Inc. Advised Kinder Morgan's CEO and senior management in the $22 billion buyout of Kinder Morgan Inc. by our clients and several investment funds, including funds managed by Goldman Sachs, AIG, The Carlyle Group, and Riverstone Holdings. The transaction presented cutting edge antitrust issues because a joint venture between Carlyle and Riverstone had preexisting minority investments in energy companies that may compete with Kinder Morgan. We reached a unique governance-related solution that allowed the transaction to be consummated without any divestitures.
Current
Shell Oil Company Shell Oil Company's acquisition of Pennzoil-Quaker State Company Represented Shell Oil Company in its $1.8 billion acquisition of Pennzoil-Quaker State Company. Antitrust clearance was obtained by negotiating a settlement with the FTC on terms favorable to Shell.
Current
The Sherwin-Williams Company The Sherwin-Williams Company Acquisition of Duron, Paint Sundry Brands and M.A. Bruder & Sons Obtained FTC clearance for Sherwin-Williams, a leading paint manufacturer, regarding two acquisitions of competitors, together valued at $625 million. Sherwin-Williams, acquired Duron, a significant regional paint manufacturer, after a “quick look” response to a Second Request. Legal advocacy and economic data secured antitrust clearance. Sherwin-Williams also acquired Paint Sundry Brands, the manufacturer of Purdy paint brushes, the premier brand among painting contractors. Also gained FTC approval for the company's acquisition of M.A. Bruder & Sons, a leading manufacturer and distributor of paints and coatings in the eastern and southeastern regions of the United States.
Current
Vivendi Universal, S.A. Vivendi Universal's $14 billion joint venture with NBC Represented Vivendi Universal in its $14 billion joint venture with NBC, a subsidiary of General Electric. NBC Universal combines the companies’ industry leading entertainment assets, including Universal’s film and television studios, cable networks and theme parks and NBC’s broadcast and cable networks.
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