REPRESENTATIVE EXPERIENCE
Derek A. Sutton
ANTITRUST – CLASS ACTION & PRIVATE LITIGATION
Defending software companies in multidistrict litigation alleging unlawful conspiracy to implement minimum advertised price policies in the archery industry.
Defending an international containerboard manufacturer in price-fixing class action.
Defending a leading healthcare provider in labor market class action challenging hiring practices for pharmacy residents.
Successfully obtained complete dismissal of attempted monopolization counterclaims asserted in wide-ranging IP litigation between biopharmaceutical companies.
Defending a revenue management software provider in multiple nationwide antitrust class actions involving allegations of algorithmic price-fixing in the hotel industry.
Representing a Seattle-based property developer, owner, and operator in consolidated nationwide class actions alleging algorithmic price-fixing and information sharing conspiracies.
Represented a Japanese electronic components manufacturer and its US subsidiary in multidistrict litigation alleging a global price-fixing cartel.
Defended a contact lens manufacturer in multidistrict litigation involving allegedly unlawful resale price maintenance policies.
ANTITRUST – GOVERNMENT ENFORCEMENT
Represented a global trading company and its US affiliate in parens patriae action brought by state attorney general alleging anticompetitive manipulation of spot market for gasoline in California.
Represented an investment firm in response to a DOJ grand jury subpoena concerning anticompetitive “no-poach” agreements.
Represented a leading specialty metals company in responding to Civil Investigative Demand issued by FTC.
Represented a cellular technology company, through trial and on appeal, in action brought by FTC alleging anticompetitive practices involving standard essential patent (SEP) licensing and sales of chips used in mobile devices.
ANTITRUST – MERGER CLEARANCE
Represented a medical technology company in Second Request, successfully securing FTC's clearance of its US$3 billion+ sale to a global medical device manufacturer.
Represented a global supplier of infrastructure equipment in its US$400+ million acquisition of electrical heating solutions business.
Represented a leading global EdTech and workforce solutions provider in its US$190 million acquisition of workforce assessment service provider.
COMMERCIAL LITIGATION
Representing a court-appointed receiver in trial court and appellate proceedings in connection with multibillion-dollar insolvency of portfolio of insurance companies.
Represented a senior living community in contract dispute in the North Carolina Business Court regarding a complex series of financing transactions. The case settled favorably before discovery.
Represented a consumer products company in US$40 billion merger appraisal litigation in the North Carolina Business Court. The case involved the first judicial appraisal of a public company merger tried to decision outside of Delaware. The Business Court's favorable verdict was subsequently affirmed by the North Carolina Supreme Court, in its first decision interpreting North Carolina's appraisal statute.
Represented a cellular technology company in wide-ranging antitrust, contract, tortious interference, and patent licensing dispute with the world's largest smartphone maker. The case settled favorably on the first day of trial.
Represented a global chemical manufacturer in a week-long ICC arbitration regarding various disputes stemming from a multibillion-dollar merger.
