Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Attorneys in the Antitrust and White Collar Crime Group limit client exposure in government and internal investigations of employee wrongdoing and defend companies and executives in parallel proceedings involving agency litigation, civil lawsuits and criminal prosecutions.

Led by a former Department of Justice Attorney and Assistant Section Chief in the Antitrust Division, this Group assists clients in responding to subpoenas, monitoring grand juries, negotiating immunities, pleas, settlements and corporate integrity agreements, and handles trials and sentencing, including post-conviction relief. Recent cases have involved antitrust divestitures, price fixing allegations, and/or class actions in chemical, pharmaceutical, bromine, vitamin, door, roofing, glass and catfish industries.

Representative Matters

• Represented gasoline retailer in criminal price-fixing investigation and trial in which corporate CEO was acquitted. The jury hung as to a verdict against the corporation and a subsequent nolo contendere plea was accepted over Antitrust Division opposition.
• Represented and obtained immunity for corporate executives in investigation of alleged criminal contempt for violation of consent decree, in grand jury investigations of price-fixing in flat glass, residential door and roofing industries, and alleged international market allocation in chemical industry.
• Won dismissal of environmental qui tam civil False Claims Act litigation in Boston, Massachusetts, against contractor on restoration of Old Colony Railroad corridor for commuter trains.
• Represented foreign manufacturer of food additive in class action alleging violation of state antitrust and consumer protection laws and obtained dismissal of action for lack of personal jurisdiction.
• Negotiated settlement of class action alleging price-fixing by catfish processors and avoided indictment in criminal investigation by Antitrust Division.
• Represented foreign and domestic manufacturers of vitamins and pharmaceuticals in multiple class actions alleging violations of state antitrust and consumer protection laws.
• Counseled manufacturer on non-compete and territorial provisions in settlement of patent litigation.

Services Available