Practice Areas & Industries: Holland & Knight LLP

Practice/Industry Group Overview

No well-run business can afford to implement a competitive strategy that does not take into account the laws regulating competition. This is particularly true for industry leaders, who are most at risk of being sued by less successful competitors and most at risk of being subjected to governmental scrutiny. Recognizing this, we have formed a dedicated practice group of more than 30 lawyers who have experience in handling the full range of issues facing business competitors today.

Industry Knowledge

The most effective legal advice and representation comes from lawyers who have a firm grasp of the antitrust laws, who understand the practical application of antitrust law to a particular industry, and who are familiar with other laws that may regulate that industry. Sophisticated and useful legal advice can never be provided in a vacuum, without a solid practical understanding of the marketplace in which the client operates.

In some industries, technological advances can change markets virtually overnight. In others, subtle regulatory changes can have a huge competitive impact. As one of the largest law firms in the U.S., Holland & Knight has industry knowledge and real-world experience in dozens of industries -- agriculture, aviation, beverage, computer, construction, consumer electronics, energy, entertainment, financial institutions, franchising, gaming, government contracts, health care, hotels and resorts, housing, insurance, licensing and distribution, maritime, media, pharmaceutical and biotechnology, public utilities, securities, semiconductors, sports, telecommunications and all modes of transportation.

We bring this knowledge to bear immediately, efficiently and effectively without encountering any initial "learning curve."

Services Available

Dealing with Evolving Ground Rules for Competition in the Marketplace

Today's legal landscape includes the federal and state antitrust laws and an increasing variety of other state and federal laws dealing with unfair competition, trade secrets, interference with contract or prospective economic advantage, trade libel, enforcement of intellectual property rights, non-competition covenants, marketing practices, licensing, franchising and distributorship agreements and many other subjects.

Whenever one company gains market share at the expense of another, the question can be raised as to whether this was the result of "unfair" competition or undue market power. Companies that anticipate and proactively develop an aggressive strategy for addressing such issues will be in a better position than those that simply react to the actions of others. We can help you develop this proactive approach.

Government Enforcement

At best, a protracted government investigation which concludes in a determination of innocence can debilitate a company by distracting employees and managers from day-to-day responsibilities and undermining customer relationships. At worst, a company can face millions of dollars in criminal penalties, potential jail time for top managers, civil class actions, tens of millions of dollars in treble damages and weeks of bad publicity.

What do you do first when the subpoenas or lawsuits hit? What can you do to get control of the investigation or litigation and minimize the impact? How do you give your employees assurances?

The antitrust laws are over 100 years old, but every year businesses are unnecessarily convicted and fined, pay hundreds of millions in fines and damages, and face the nearly inevitable civil class action lawsuits because they did not have solid compliance programs in place or did not have adequate counseling.

Compliance Programs

Having a solid antitrust compliance program is a sound business practice and a practical legal strategy. Antitrust training and auditing will help prevent questionable practices from developing in your company that may lead to exposure or will catch those problems before they become too big.

As rapidly as changes occur in today's markets, the application of antitrust and competition laws is evolving just as fast. Because we have experience in virtually every industry, we can provide antitrust training and auditing that is tailored to address key issues within your industry. In addition, we have lawyers throughout the firm who know your industry and who assist the Antitrust Team in analyzing your company, thus providing better, more focused legal advice.

Competence

Our Antitrust, Trade Regulation and Competition Team includes lawyers who have worked inside the United States Department of Justice and offices of state attorneys general. They know how cases are prosecuted, and are experienced trial attorneys who know how to defend against class actions and actions by competitors.

We have counseled scores of Fortune 500 companies through complex antitrust, RICO and consumer fraud investigations and litigation as well as through large mergers and acquisitions. Whether it is a government investigation, a merger review, a lawsuit filed by a competitor, a class action, an antitrust compliance audit or counseling, we have the specific experience and insight to give you sound advice, to limit your exposure and to terminate the investigation or litigation as quickly as possible.

Client Service

Our Antitrust, Trade Regulation and Competition Team provides a broad range of legal services, including:

• compliance programs and advice to educate employees
• legal audits to spot potential problems
• counseling to establish appropriate business strategies and to evaluate mergers and acquisitions
• Hart-Scott-Rodino filings
• quick response to investigative inquiries from state and federal enforcement agencies
• investigative services
• experienced litigation teams