David R. Garcia: Lawyer with Sheppard, Mullin, Richter & Hampton LLP

David R. Garcia

Phone310.228.3747

Peer Rating
 5.0/5.0
AV® Preeminent

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Practice Areas

  • Antitrust
  • Competition
  • Entertainment
  • Technology
  • and Advertising
  • Healthcare
  • Healthcare
  • International Practice
  • Korea
  • Litigation
  • Class Action Defense
  • Securities Litigation
  • Entertainment
 
University Harvard University, B.A., cum laude, 1976
 
Law SchoolGeorgetown University, J.D., 1979
 
AdmittedCalifornia; New York; Washington, D.C.; U.S. Court of Appeals, Second, Sixth, Ninth, and District of Columbia Circuits; U.S. District Court, Northern and Central Districts of California; U.S. District Court, Southern and Eastern Districts of New York; U.S. District Court, District of Columbia; Florida
 
Biography

David Garcia is a partner in Sheppard, Mullin, Richter & Hampton LLP's Century City office, where he is also the Office Managing Partner. He is a litigator with a broad background in complex civil litigation for major U.S. companies, including extensive class action and multidistrict litigation experience. His practice focuses principally on antitrust litigation and counseling with particular emphasis on the entertainment industry, provider side healthcare mergers and the intersection between antitrust and intellectual property in litigation and joint ventures.

Areas of Practice

Mr. Garcia's antitrust litigation experience includes price fixing cartel defense, patent related monopolization claims and representation of clients in connection with civil and criminal investigations by the Federal Trade Commission and the antitrust division of the U.S. Department of Justice. He counsels extensively on joint ventures, mergers and acquisitions and competitor collaborations in healthcare, for a broad range of hospitals and doctor groups throughout the U.S. including second requests and divestiture negotiations with both the FTC and DoJ. His broad ranging antitrust litigation background also includes major matters involving standard setting, state action immunity, and contested mergers. He also counsels and litigates in a variety of vertical distribution situations, including dealer termination, vertical pricing restrictions, franchise termination disputes and counseling and litigation involving multilevel marketing organizations. Finally he counsels joint ventures in the formation stage and through ongoing antitrust monitoring.

Clients for whom he has worked include: Arcadian Medicare Advantage Insurance, a broad variety of physician groups and for profit and non profit hospital systems throughout the U.S., The Secure Content Storage Association LLC, The Digital Cinema Initiative, LLC, Lending Tree, Samsung, Epson America, China Mobile, Sprint, Carrier Airconditioning, Herbalife, Amgen, Barnes & Noble, Warner Home Video, The Digital Cinema Initiative, LLC, and Playboy Enterprises, Inc.

Mr. Garcia has also handled wide-ranging securities litigation, first in New York and later in California, that has included class action defense, the defense of derivative litigation on behalf of both individuals and companies, litigation arising out of mergers and acquisitions, and internal corporate investigations. He has also had extensive experience representing companies and individuals in investigations commenced by the Securities and Exchange Commission.

Companies for whom he has worked in the securities area include: Credit Suisse; First Boston; The Special Committee of the Board of Diamond Multimedia, Inc.; BT Securities; Montgomery Securities; Bank of America; the outside directors of FarWest Financial Savings & Loan.

Honors

•Southern California Super Lawyer, Super Lawyers, 2014, 2015
Legal 500, 2012, 2013, 2015

Experience

DoJ Antitrust Division's investigation concerning Samsung's assertion of standard essential patents against Apple in response to Apple's claimed infringement of its design and utility patents

Represented Arcadian Insurance in the FTC investigation of its acquisition by Humana, Inc., and negotiation of eventual consent decree

Represented Lending Tree in exclusive dealing litigation involving exclusive internet affiliation agreements

Represented Samsung in horizontal boycott litigation involving Rambus, and price fixing class action litigation

Providing antitrust counseling to Carrier Airconditioning in distributorship restriction in the western United States

Representing Herbalife in a variety of vertical distributorship issues

Represented Amgen in potential antitrust litigation against a competitor arising out of a prior patent infringement settlement

Providing antitrust and general outside advice and counseling to the Digital Cinema Initiative, a joint venture of the seven major movie studios created to establish performance and digital security specifications for the transmission and exhibition of digital cinema, and to explore business models for encouraging digital cinema implementation

Defended Warner Home Video in a nationwide class action and related federal and state cases brought by independent video rental retailers claiming a group boycott and price fixing in connection with contracts entered into between movie studios, including Warner Home Video, and a national home video rental chain

Assisted in defense of California state court antitrust and certain competition claims against Samsung by competitor

Represented the Digital Cinema Committee of Motion Picture Association of America in connection with antitrust issues relating to digital cinema transmission, security and exhibition issues

Part of team defending The Gator Corporation in multidistrict nationwide direct and class action attacks on Gator's targeted internet advertising business model under the Copyright Act, the Lanham Act and state unfair competition law

Represented entertainment companies in multidistrict antitrust litigation involving alleged antitrust violations by internet service providers allegedly tying ISP and cable television services

Represented internet companies, including search engine operators and sellers of internet advertising, in multidistrict antitrust litigation arising out of patent claims, and antitrust advice and counseling relating to distribution of advertising through affiliation agreements

Provided continuing antitrust advice to multiple studios concerning vertical competition issues, such as exclusive dealing and differential pricing in various market segments, including E-commerce, theatrical distribution, and consumer product marketing

Represented Barnes & Noble in Robinson Patman multidistrict litigation brought by the American Booksellers Association and various individually owned bookstores throughout the United States, including trial of that action which settled during the plaintiffs' case

Represented the directors of Primadonna Resorts in class and derivative litigation arising out of the sale of the Primadonna Resorts to MGM Grand Incorporated

Represented Advance Micro Devices in a class action litigation relating to disclosures concerning microprocessor development

Represented medical products device manufacturers in connection with class action litigation concerning the timing of announcements concerning FDA approval of new medical devices

Represented major commercial banks and savings and loans in connection with loan loss reserve and revenue recognition litigation

Publications & News

Articles

•There Is Potential Federal Inconsistency Over ACOs
Law360, June 16, 2015
•Supplier Beware of California's Equipment Dealers Act Before Deciding on Termination of Dealers
Bloomberg BNA, December 5, 2014
•Calif. On Board As Health Care Antitrust Enforcer
Law360, September 27, 2012
•No Mandatory Antitrust Review For ACOs
The Recorder, November 10, 2011
•Levels of antitrust scrutiny for ACOs
The Recorder, April 18, 2011
•Health Care Reform May Prompt Antitrust Violations
The Recorder, February 21, 2011
•Law is in Flux Over Internal Governance of Foreign Firms
Daily Journal, March 31, 2006

Antitrust Law Blog Posts

• State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State Antitrust Enforcement, May 20, 2015
• Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power, April 22, 2015
• In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke's Violated Section 7 And Casts Serious Doubt on Viability of Efficiencies Defense, February 18, 2015
• CMS' Proposed Regulations Include Significant Antitrust Implications For Entities Interested In Forming ACOs, January 5, 2015
• Supplier Beware Before Terminating Dealers: California's Equipment Dealers Act, November 18, 2014
Dang v. San Francisco Forty Niners - Consumers can challenge Reebok's exclusive NFL apparel deal based just on a market of garments bearing NFL team logos, August 7, 2013
American Express Co. v. Italian Colors Restaurant: A class action waiver in an arbitration agreement will be strictly enforced under the Federal Arbitration Act, June 25, 2013
• Challenge To Alleged Restraints On Baseball And Hockey Programming Survive Motion To Dismiss And Advance To The Next Round Of Litigation, December 19, 2012
• Supreme Court Will Now Hear Two Appeals Concerning Class Arbitration, December 14, 2012
• Large General Acute-Care Hospital Abandons Acquisition Of 15-Bed Surgical Specialty Center As A Result Of FTC Challenge, November 26, 2012
• Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again, November 19, 2012
In re American Express Merchants' Litigation - Plaintiffs Survive Three Rounds In The Second Circuit, But Can They Survive The Supreme Court? February 7, 2012

Healthcare Law Blog Posts

• State Oversight of Anticompetitive Activity in Healthcare: Is a New Wave Ahead? April 28, 2015
• District Court Weighs in on Level of Integration Required to Shield Health Care Collaborations from Section 1 Scrutiny, November 14, 2014
• California AG Becomes the Latest Antitrust Enforcer to Investigate Hospital/Doctor Group Combinations, September 21, 2012

Speaking Engagements

•Lecturer, 2015 Healthcare Forecast Conference, U.C. Irvine
•Lecturer, LACBA Healthcare/Antitrust Program: Trends in Government Enforcement
•Lecturer, ABA Class Action Section, Antitrust Panel
•Lecturer, California State Bar, Antitrust Section

Events

•Trust Us, It's Complicated
Antitrust Issues Facing Healthcare in the Affordable Care Act Environment
May 1, 2014

Clerkships

Law clerk to the Honorable Constance Baker Motley, U.S. District Judge, Southern District of New York, 1981-82

 
ISLN907205294
 

Documents by this lawyer on Martindale.com

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In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And Casts Serious Doubt on Viability of Efficiencies Defense
Helen Cho Eckert,David R. Garcia, February 24, 2015
On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health care and antitrust, affirming the lower court’s finding that a hospital-physician group merger completed nearly three years ago violated Section 7 of the Clayton Act. St. Alphonsus...

CMS’ Proposed Regulations Include Significant Antitrust Implications For Entities Interested In Forming ACOs
Helen Cho Eckert,David R. Garcia, January 30, 2015
The Centers for Medicare & Medicaid Services (CMS) released proposed regulations to clarify and build on current regulatory requirements for Accountable Care Organizations (ACOs) that participate in the Medicare Shared Savings Program (MSSP). Among the changes is one addressing when an ACO must...

Supplier Beware Before Terminating Dealers: California’s Equipment Dealers Act
Helen Cho Eckert,David R. Garcia, January 6, 2015
Developments in modern antitrust law have made it increasingly difficult for termination of vertical relationships between a supplier and a dealer to be actionable under the antitrust laws, particularly under a per se theory of liability. Suppliers contemplating termination of dealer agreements,...



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Office Information

David R. Garcia

1901 Avenue of the Stars, Suite 1600
Los AngelesCA 90067




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