Jeffrey H. Howard graduated in the top 5% of his class at the University of Virginia School of Law, where he served as Antitrust Coordinator for the Virginia Law Review, Editorial Board, and as a Member of the Society of Fellows and Order of Coif. As an undergraduate, he attended the University of Edinburgh in Philosophy pursuant to an English Speaking Union Fellowship.
He has lectured extensively at law schools on antitrust and other topics, including the University of Virginia and Beijing University, Peoples Republic of China.
As an outgrowth of his teaching experience, Jeff has conducted hundreds of client training sessions for senior management, company counsel and field personnel. He has also pioneered C&M's web-based training program which provides access to tailored 60 minute interactive training 24 hours a day, 7 days a week over any laptop PC.
He has practiced antitrust law for more than 30 years and provided counseling on many types of business arrangements from mergers and acquisitions to joint ventures and marketing arrangements. He has also litigated civil antitrust actions in federal courts across the United States.
Jeff has devoted a substantial portion of his practice to the application of the antitrust laws to Intellectual Property rights, licensing and pools, as well as to regulated entities undergoing deregulation, including telecommunications companies, and electric and gas utilities.
He has also devoted substantial time to the antitrust issues faced by newly emerging technologies, such as those involving the Internet, biotechnology, and high-speed broadband. A few litigation and publication highlights include:
· Defending alleged patent infringer with antitrust counterclaims based on fraud on the Patent Office and sham infringement litigation (Goss v. MAN Roland, D.N.H. 2006);
· Arguing one of the key U.S. Supreme Court cases on immunity from the antitrust laws relating to cable television (Community Communications Company v. City of Boulder, 455 U.S. 40 (1982));
· Successfully defended the state agency operating Tampa International Airport from antitrust attack (Commuter Transportation Systems, Inc. v. Hillsborough County Aviation Authority, 801 F.2d 1286 (11th Cir. (1987));
· Successfully defended Pinellas County, Florida, in antitrust litigation relating to resource recovery operations (Windisch v. Acenbrack, (M.D. Fla.));
· Successfully prosecuted a plaintiff's bid rigging action in City of Chattanooga v. McDowell Construction Co., (M.D. Tenn.);
· Successfully defended the National Football League from antitrust attack in Colorado High School Activities Association v. National Football League, 524 F. Supp. 60 (D. Colo. 1982), aff'd., 711 F.2d 943 (10th Cir. 1983) (pooled sales immunity), in Reynolds v. NFL, 584 F.2d 280 (8th Cir. 1978) and in Parrish v. N.Y. Jets (N.D. Fla.);
· Successfully defended antitrust actions against the public utility in Lease Lights, Inc. v. Public Service Company of Oklahoma, 849 F.2d 1330 (10th Cir. 1988), cert. denied, 109 S. Ct. 817 (1989) and Yeager's Fuel, Inc. v. Pennsylvania Power & Light Company, 804 F. Supp. 700 (E.D. Pa. 1992), aff'd, 22 F.3d 1260 (3d Cir. 1994).
· Successfully defended charges that AOL monopolized Internet access and online games in Kesmai v. AOL, (E.D. Va. 1999).
· Successfully defended alleged monopolization of high-speed, broadband Internet access in Covad Communications v. Pacific Bell et al., (N.D. CA 2001).
· Successfully defended SBC Communications in arbitration of complex telecommunications issues (2001).
Publications
· "Will German Products Which Infringe U.S. Patents Be Barred From Continued Sales In The U.S.?," VPP-Rundbrief Nr. 1 (January 2007). Co-Authors: Jeffrey H. Howard, Werner Berg and David Schnorrenberg.
· "Industry Insight: Parlor Tricks," The Deal (November 6, 2006). Co-Authors: Wm. Randolph Smith, Jeffrey H. Howard and Christopher E. Ondeck.
· "Most Action in 50 Years," Global Competition Review (June 2006). Co-Authors: Jeffrey H. Howard, David M. Schnorrenberg and Jeffrey Blumenfeld.
· "The Perils of Marketing: A Stitch in Time Saves Nine," The Electricity Journal (October 1993). Author: Jeffrey H. Howard.
· "The Pain of Gas Attacks: How to Respond to Negative Advertising," EEI Marketing Brochure (1991). Author: Jeffrey H. Howard.
· "Antitrust and Natural Gas: A New Mixture," The 1990 Natural Gas Yearbook (Winter 1990). Author: Jeffrey H. Howard.
· "Proof of Damages in Construction Industry Antitrust Cases," The Antitrust Bulletin (Summer 1989). Author: Jeffrey H. Howard.
· "Applying the Antitrust Laws to Local Governments: Congress Changes the Approach," The Antitrust Bulletin (Winter 1985). Author: Jeffrey H. Howard.
Alerts & Newsletters
· "Supreme Court Decision Raises Standard for Pleading Conspiracy Cases Under Section 1 of the Sherman Act," Antitrust Law Alert (May 22, 2007). Contacts: Jeffrey H. Howard, Kent A. Gardiner.
· "The DOJ And FTC Issue Their Second Report On The Interface Of IP And Antitrust Law," Antitrust Law Alert (April 18, 2007). Contacts: Jeffrey H. Howard, David M. Schnorrenberg, Mark Supko.
· "Supreme Court Brings Law on Predatory Buying into Line with Existing Rule on Predatory Selling," Antitrust Law Alert (February 22, 2007). Contacts: Jeffrey H. Howard, Robert A. Lipstein, Ryan C. Tisch.
· "Compulsory Licensing As An Antitrust Remedy," Antitrust Law Alert (February 20, 2007). Contacts: Jeffrey H. Howard, Mark Supko, Jeffrey Blumenfeld.
· "Hot Bench For Antitrust Cases," Antitrust Law Alert (December 20, 2006). Contacts: Jeffrey H. Howard, Christopher E. Ondeck, Clifton S. Elgarten.
· "Re: KSR International Co. v. Teleflex, Inc.," Antitrust Law Alert (November 30, 2006). Contacts: Jeffrey H. Howard, Wm. Randolph Smith, Michael J. Songer.
· "Re: Oral Argument in Weyerhaeuser Co. v. SS-Simmons Hardwood Lumber Co.," Antitrust Law Alert (November 29, 2006). Contacts: Jeffrey H. Howard, Wm. Randolph Smith.
· "The Oral Argument in Bell Atlantic Corp. v. Twombly," Antitrust Law Alert (November 28, 2006). Contacts: Jeffrey H. Howard, Wm. Randolph Smith.
Speaking Engagements
· Antitrust Lite and Codes of Conduct for Deregulating Industries, (November 2001). Presenter: Jeffrey H. Howard.
· "Antitrust Developments in 2000," GPU Corporate Legal Department (October 2000). Presenter: Jeffrey H. Howard.
· "Antitrust & Intellectual Property," (2000). Presenter: Jeffrey H. Howard.
· "Love In The Time Of Cholera: Electric Industry Competition Offers Rewards And Risks," EEI Legal Committee Presentation (May 1990). Presenter: Jeffrey H. Howard.