James C Egan

Florida

The Florida Bar

ID Number: 136836

Since 1971

Partner

Weil, Gotshal & Manges LLP

Current

Current

Citibank, N.A. In re ATM Fee Antitrust Litigation Representing Citibank, N.A. in a series of federal antitrust class actions. Plaintiffs allege that Citibank, along with a number of other major banks and financial institutions, illegally fixed the price of ATM interchange fees on the STAR ATM network, and seek to recover treble damages on behalf of a nationwide class of ATM users. The U.S. District Court for the Northern District of California recently granted partial summary judgment of plaintiffs' per se antitrust claims against Citibank and other defendants. The Court stated it would certify its decision for appeal to the Ninth Circuit if plaintiffs so request.

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

Shell Oil Company Oil Industry Salary Exchange Litigation Lead counsel for Shell Oil Company in multi-district putative class action against major oil companies that alleges the defendants exchanged information relating to salaries paid to employees with the effect of lowering salaries in violation of the Sherman Act. Two separate motions for class certification have been defeated. The litigation continues on an individual case basis.

Current

Hoffmann-La Roche In re Brand Name Prescription Drug actions Lead counsel for Hoffmann-La Roche Inc. in what remains of a series of federal and state cases known as the Brand Name Prescription Drug actions, in which Hoffmann-La Roche Inc., along with 25 other pharmaceutical manufacturers, were accused of conspiring to deny discounts for brand name prescription drugs to retail pharmacies in violation of the Sherman Act and of engaging in price discrimination in violation of the Robinson Patman Act. Over the course of several years these cases involved a full range of discovery and motion practice including successful oppositions to motions for class certification in a number of states which allow standing to "indirect purchasers." All cases and claims have now been either dismissed or favorably settled with the exception of Robinson-Patman Act claims brought by certain retail pharmacies that opted out of the federal class action. A motion by certain defendants for summary judgment on those claims is currently awaiting decision.

Current

Providence Equity Partners, Inc. Private Equity Antitrust Litigation Lead counsel for Providence Equity in connection with private nationwide antitrust class action litigation asserting broad ranging antitrust conspiracy claims against Providence and other private equity companies. Successfully negotiated voluntary dismissal from plaintiffs.

St. John's University School of Law

J.D.

1971

University of South Florida

B.A.

1966

Florida State Bar  # 136836

Member

1971 - Current