Senior Counsel
CurrentRepresent business clients in all stages of litigation, from pre-suit counseling and compliance through to trial and appeal. Far-reaching practice focuses significantly on contract disputes, class actions, and antitrust suits, including:• Secured judgment for pharmacy benefit manager in contract dispute over termination of network pharmacy. Successfully transferred action from New York to Missouri; persuaded Missouri court that core of dispute was parties’ contract, not pharmacy’s antitrust and business tort claims; and demonstrated on summary judgment that pharmacy’s breaches gave client right to terminate pharmacy.• Defeated motion for preliminary injunction sought by building products distributor against client competitor and former executives who joined client. Plaintiff failed to demonstrate likelihood of success on merits of trade secret misappropriation and employment claims.• Prevailed on appeal in antirust-connected subpoena enforcement action involving separate proceedings against competing pharmacy benefit managers. Ninth Circuit Court of Appeals held, on matter of first impression, that Federal Arbitration Act (FAA) does not grant arbitrators power to compel production of documents from nonparties outside context of hearing.• Won summary judgment for healthcare client in putative class action under Telephone Consumer Protection Act (TCPA), concerning informational employee benefit faxes medical provider received from client, and successfully defended judgment before Sixth Circuit Court of Appeals.
