Howard Mark Ullman

Attorney, private practice. I handle civil litigation and also advise and counsel primarily in the areas below.

Litigation

* I represent clients (both defendants and corporate plaintiffs) in antitrust litigation. On the defense side, I have represented clients in private suits, class action litigation, class action opt-out litigation, and government actions.
* I routinely work on claims involving pricing, price fixing, below-cost pricing, information exchanges, monopolization, attempted monopolization, and unfair competition.
* I often work on cases at the intersection of antitrust and competition law and intellectual property (“IP”) law -- particularly on cases involving patents.
* I have worked on the responses to numerous government subpoenas (including grand jury subpoenas), civil investigative demands (“CIDs”), and Hart-Scott-Rodino (“HSR”) second requests.
* I work on cases at all levels of the judicial system, from trial courts to appellate courts.

Counseling

I provide counseling on, among other things:

* Exclusive dealing
* Joint ventures
* Information exchange issues
* Product tying
* Intellectual property (“IP”) licensing
* Distributor or supplier terminations
* Price discrimination, resale price maintenance, minimum advertised price programs, and below-cost pricing
* Distribution system structure
* Market concentration and market definition
* The application of state unfair antitrust and competition laws
* Other related issues

Specialties
Antitrust, unfair competition, intellectual property (“IP”) law, complex litigation

?My industry sector experience includes computer hardware and software, pharmaceuticals, medical devices, health care, energy, banking, and retail.

• Antitrust and Competition
• Antitrust and Compliance Counseling
• Commercial Litigation
• High Stakes Litigation
• International Antitrust

California

Since 2000

Ohio

Since 1992

Of Counsel

Orrick, Herrington & Sutcliffe LLP

Current

Harvard Law School

J.D.

1992

magna cum laude

University of Chicago

B.A. (1989)

1985 - 1989

Instructor

1998 - 1999

Activities: Taught trial practice.

Taft, Stettinius & Hollister LLP

Attorney

1993 - 1999

Activities: Litigation and business law.

United States Court of Appeals for the Sixth Circuit

Law Clerk

1992 - 1993

Activities: Law Clerk to the Honorable David Nelson.

UCL Claims May See a Surge: Recent Decisions Have Lowered the Pleading Hurdle for Plaintiffs Alleging They Were Misled by Product Labeling

The Recorder

September, 2011