G. Michael (Mike) Halfenger

G. Michael (Mike) Halfenger

 

G. Michael Halfenger is a partner with Foley & Lardner LLP, where he is a member of the Antitrust, Appellate and Distribution & Franchise Practices. He is also a member of the firm's Life Sciences Industry Team. He has litigated a wide spectrum of complex matters, including antitrust, RICO, Lanham Act, trade secret, unfair trade practices, and misrepresentation claims. He has also handled contractual and UCC disputes, civil rights actions, and class actions.

As a member of the Antitrust Practice Group, Mr. Halfenger also advises clients on a wide range of antitrust and competition law matters. These include intellectual property licensing, antitrust compliance, pricing issues, refusals to deal, monopolization, tying, and non-price vertical restraints. He has published and spoken on these topics as well. Clients come from a range of industries, including consumer products, health care, paper products, automotive, internet distribution, and sports.

A founding member of the firm's Appellate Practice Group, Mr. Halfenger has litigated and advised clients regarding matters before the United States Supreme Court, eight United States Courts of Appeals, and the appellate courts of several states, including the Wisconsin Supreme Court, the Wisconsin Court of Appeals, the Illinois Court of Appeals, and the Nebraska Supreme Court. His appellate practice is diverse in subject matter and has included constitutional and civil rights, antitrust, banking, insurance, tax, intellectual property, products liability, and a variety of contractual and UCC issues. He has substantial experience counseling clients in connection with requests for discretionary review, including petitions for certiorari, petitions for review, and petitions for interlocutory review. He has also authored a number of amicus briefs on clients' behalf.

Before joining Foley in 1994, Mr. Halfenger was a judicial clerk to the Honorable Frank H. Easterbrook, Circuit Judge, United States Court of Appeals for the Seventh Circuit, and was an associate in the Antitrust and Complex Litigation Group of Sidley & Austin in Chicago.

He is a graduate of the University of Chicago Law School (J.D., with honors), where he was an associate comment editor on the University of Chicago Law Review and was elected to membership in the Order of the Coif. He received his undergraduate degree from Lawrence University (B.A., summa cum laude), and was elected to membership in Phi Beta Kappa.

Mr. Halfenger is actively involved in a number of national, state, and local bar organizations. In 2003, he was appointed to serve on the Wisconsin Supreme Court's Appointment Selection Committee. He is also a Wisconsin representative to the Seventh Circuit Bar's Board of Governors, and has chaired that organization's Rules and Practice Committee. He is on the board of directors of the Eastern District of Wisconsin Bar. He is also a member of the Milwaukee Bar Association's Court of Appeals Bench/Bar Committee and serves as that committee's liaison to the Wisconsin Bar Association's Appellate Section.

Mr. Halfenger is admitted to practice in Wisconsin and Illinois, as well as before a number of federal courts. He is also admitted to the Northern District of Illinois trial bar.

Publications:

· "Avoiding Potential Antitrust Pitfalls in Patent Royalty Terms," 46 The Practical Lawyer 23 (March 2000) (with J. McKeown), republished in ALI-ABA's Practical Checklist Manual on Advising Business Clients III: Checklists, Forms, and Advice from The Practical Lawyer, 373 (2004)

· "A Little Help from a Friend: Using Amicus Briefs to Optimal Advantage," Corporate Counsel, December 2003

· "Throwing the 'Yellow Flag': Antitrust Law Enforces the Rules of the Game for Competition Involving Intellectual Property," Corporate Counsel, May 2003 (with J. McKeown)

· "The Attorney Misconduct Exception to the Work Product Doctrine," 58 U. Chi. L. Rev. 1079 (1991)

Newsletters:

· "Supreme Court Hangs Up on a Call to Use Antitrust Law to Compel Competitors to Aid Their Rivals," Foley & Lardner LegalNews, January 2004 (available at www.foley.com )

· "D.C. Circuit Forges New Ground on the Issue of How Far U.S. Antitrust Law Applies to Conduct Occurring Abroad," Foley & Lardner LegalNews, February 2003 (available at www.foley.com )

· "Midwest Gas Services: 7th Cir. Reinstates Antitrust Conspiracy Claims Against Natural Gas Utility," Foley & Lardner LegalNews, January 2003 (available at www.foley.com)Contributing Author:

· ABA Antitrust Section publications:

- Antitrust Developments (Fifth)

- Annual Review of 1999 Antitrust Law Developments

- Annual Review of 1998 Antitrust Law Developments

· Foley & Lardner, Product Distribution Law Guide (CCH 1999) (Chapter 9, Antitrust Issues) (with others)

Selected presentations:

· "Exclusive Dealing and Duties to Aid Competitors (Recent Antitrust Developments)," The 13th Annual Law of Product Distribution & Franchise Seminar, May 12, 2004

· "Ethical Citation: The Duty to Advocate Zealously v. The Duty of Candor," State Bar of Wisconsin, Appellate Practice Section, 2004 Annual Convention Program, May 6, 2004 (presentation written with Todd G. Smith)

· "Appeals in Federal Civil Practice" (with Anne B. Kearney), Practicing Effectively Before the Seventh Circuit: What it Takes, sponsored by the Eastern District of Wisconsin Bar Association, Seventh Circuit Bar Association, and Western District Bar Association, March 30, 2004

· "We're Category Captain; Can't We Sink Our Competitors?" The 12th Annual Law of Product Distribution & Franchise Seminar, May 13, 2003

Reported cases:

· Kestrel Coal Pty. Ltd. v. Joy Global, Inc., 362 F.3d 401 (7th Cir. 2004)

· Major League Baseball v. Crist, 331 F.3d 1177 (11th Cir. 2003)

· Bridenbaugh v. Freeman-Wilson, 227 F.3d 848 (7th Cir. 2000)

· Conley Pub. Group, Ltd. v. Journal Communications, Inc., 265 Wis. 2d 128, 665 N.W.2d 879, 2003-2 Trade Cases P 74,088, 2003 WI 119 (2003)

· Fireman's Fund Ins. Co. of Wis. v. Bradley Corp., 261 Wis. 2d 4, 660 N.W.2d 666, 2003 WI 33 (2003)

· Hoffmann v. Wisconsin Elec. Power Co., 262 Wis. 2d 264, 664 N.W.2d 55, 2003 WI 64 (2003)

· ABKA Ltd. Partnership v. Wisconsin Dept. of Natural Resources, 255 Wis. 2d 486, 648 N.W.2d 854, 2002 WI 106 (2002)

· Servais v. Kraft Foods, Inc., 252 Wis. 2d 145, 643 N.W.2d 92, 2002 WI 42 (2002); and Servais v. Kraft Foods, Inc., 246 Wis. 2d 920, 631 N.W.2d 629, 2001-2 Trade Cases P 73,327, 2001 WI App 165 (Ct. App. 2001)

· National Operating, L.P. v. Mutual Life Ins. Co. of New York, 244 Wis. 2d 839, 630 N.W.2d 116, 2001 WI 87 (2001)

· Sopha v. Owens-Corning Fiberglas Corp., 230 Wis. 2d 212, 601 N.W.2d 627 (1999)

· Ness v. Digital Dial Communications, Inc., 227 Wis. 2d 592, 596 N.W.2d 365 (1999)

· Controlled Environments Const., Inc. v. Key Industrial Refrigeration Co., 266 Neb. 927, 670 N.W.2d 771, 51 UCC Rep. Serv. 2d 1079 (2003)

· Phillips Getschow Co. v. Green Bay Brown County Professional Football Stadium Dist., 270 F. Supp. 2d 1043, 2003-2 Trade Cases P 74,167 (E.D. Wis. 2003)

· Firstar Bank Sioux City, N.A. v. Beemer Enterprises, Inc., 976 F. Supp. 1233, RICO Bus. Disp. Guide 9601 (N.D. Iowa 1997)

· Gossen Corp. v. Marley Mouldings, Inc., 977 F. Supp. 1346 (E.D. Wis. 1997)

· Security State Bank, Sheldon, Iowa v. Firstar Bank Milwaukee, N.A., 965 F. Supp. 1237, 35 UCC Rep. Serv. 2d 691 (N.D. Iowa 1997)

· DeWit v. Firstar Corp., 904 F. Supp. 1476, Fed. Sec. L. Rep. P 99,028 (N.D. Iowa 1995)