Newsletter 03.25.24
Cartel Enforcement Trends and Developments
Monitoring and updating recent key announcements, cases and other developments involving antitrust cartel enforcement (Vol. 1, No. 1)
Drew Lanphere is a trial lawyer known for handling high-stakes litigation, focusing on antitrust, unfair competition, health care and real property matters.
Drew represents clients in state and federal court at the trial and appellate levels, and also regularly arbitrates complex matters. In addition to antitrust, unfair competition and information privacy/data breach actions, Drew handles finance and banking, health care, real estate, securities, intellectual property, insurance and reinsurance disputes. Drew has successfully tried cases in various judicial and arbitral settings, often resolving cases prior to trial through dispositive motions or favorable settlements.
Representative Experience
- At the conclusion of a two-week jury trial in a breach of contract dispute, the jury deliberated less than 30 minutes before returning a verdict in favor of our client.
- Won complete victory at trial and on appeal in case alleging below-cost and loss leader sales at gasoline stations operated by a major grocery chain.
- Defended a leading electronics company against claims that it participated in a cartel to fix prices of liquid crystal displays used in televisions, computers and mobile devices.
View More
- Antitrust, Unfair Competition and Consumer Class Actions
-
Defended a major grocery chain at trial and on appeal against claims under the Cartwright Act and Unfair Practices Act concerning fuel pricing and associated discounts based on grocery purchases.
-
Defended a major grocery chain against class action concerning alleged false advertising brought pursuant to the Consumer Legal Remedies Act.
-
Defended a leading electronics manufacturer against Sherman Act and Cartwright Act claims arising out of an alleged price-fixing cartel with respect to LCD panels.
-
Defended energy trading and shipping company in class action alleging a natural gas pipeline and shipping companies engaged in a cartel to allocate pipeline shipping capacity in violation of the Sherman Act.
-
Defended a leading retailer against Sherman Act and Cartwright Act claims arising out of an alleged group boycott with respect to power tools.
-
Defended a major telecommunications company against class action alleging violations of the Consumer Legal Remedies Act and California Unfair Competition Law.
-
Represented manufacturer in investigation by California Attorney General’s Office regarding alleged resale price maintenance in violation of Cartwright Act.
-
Represented health plan in litigation concerning alleged group boycott in violation of the Cartwright Act and California Unfair Competition Law.
-
- Privacy/Data Breaches
- Represented health care provider in class action concerning alleged unauthorized disclosure of patient health information.
- Represented health care providers in enforcement matters concerning alleged unauthorized disclosures of patient health information.
- Financial Services and Banking
- Represented a senior executive in compliance investigation by the Federal Deposit Insurance Corporation.
- Represented major financial institution and its affiliated broker-dealer in investigation by the Securities & Exchange Commission.
- Securities Litigation
- Representing numerous major underwriters against securities fraud claims arising out of sale of mortgage-backed securities.
- Obtained dismissal of securities claims against bank holding company and its chairman. See Rubke v. Capitol Bancorp Ltd. 551 F.3d 1156 (9th Cir. 2009).
- Represented individual investor in prosecuting claims for securities fraud under the California Corporations Code and related claims arising out of private-company investment.
- Real Estate/Environmental
- Represented Southern California municipality in a CERCLA recovery action for a six-mile plume of perchlorate affecting the municipality’s water supply. See City of Colton v, American Promotional Events, Inc. 824 F.Supp. 2d 1015 (C.D. Ca. 2011).
- Represented landowner in Sonoma County Superior Court in water rights dispute between adjoining landowners.
- Represented title insurer in Fresno County Superior Court in case involving allegations of identity theft and resulting fraudulent real estate transactions.
- Insurance
-
Obtained summary judgment and permanent injunction in favor of life insurer and against California State Controller, precluding the controller from continuing to enforce illegally-adopted underground regulations relating to escheatment of unclaimed life insurance policy proceeds.
- Obtained summary judgment on behalf of policy-holder in Pennsylvania trial court. The court ordered the reformation of a trade credit insurance policy to cover over $3.4 million in losses arising out of a Latin American computer hardware distribution agreement.
- Represented title insurer in numerous coverage disputes.
- Represented insurer/reinsurer in series of disputes regarding reinsurance of workers’ compensation insurance.
-
- Intellectual Property
- Obtained summary judgment for university in case alleging misappropriation of intellectual property by university and professor.
- Represented major semiconductor company in prosecuting and defending against claims of trade secret misappropriation.
Professional Highlights
- Recognized by The Legal 500 U.S. for Antitrust – Cartel (2015) and Antitrust – Civil Litigation/Class Actions (2015, 2019).
- Recipient of the San Francisco Bar Association’s 2014 “Outstanding Volunteer in Public Service Award” for his pro bono efforts in the Bay Area.
View More
- External Publications
- Co-Author of Privacy and California’s Antitrust Laws, Chapter in California State Antitrust and Unfair Competition Law (California Lawyers’ Association, 2019).
- A Developing Circuit Split Over Vertical Restraints?, Law360, Author: Andrew D. Lanphere, 07/19/13.
Education
-
J.D., University of California, Hastings College of the Law, 1997
cum laudeB.A., Brown University, 1993
Admissions
-
California
Courts
-
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Northern District of California
U.S. District Court for the Central District of California
U.S. District Court for the Southern District of California