Mr. Wallace is a shareholder in the New Orleans office where he heads the firm's Antitrust and Trade Regulation Practice Group. He also serves on the firm's Executive Board of Directors and as one of the firm's two Hiring Partners. His practice includes a wide variety of business litigation matters, including the prosecution and defense of antitrust and unfair trade practice claims, contractual disputes, professional liability matters, construction claims, and significant tax litigation cases.
He defends major oil companies and other corporate entities against potential antitrust and trade regulation violations, including claims involving price fixing, monopolization, bid rigging, bundled discount arrangements, and other pricing, distribution, and consumer protection allegations. Mr. Wallace serves as antitrust advisory counsel for a number of clients, including various trade associations, and works closely with the firm's business lawyers in obtaining regulatory approval of mergers and acquisitions in compliance with the Hart Scott Rodino Act. His practice also includes the representation of those targeted for prosecution of antitrust and RICO claims by federal and state authorities in a wide variety of industries, including manufacturing, distributing, petrochemical, maritime, health care, insurance, and biotechnology.
Mr. Wallace's practice includes state tax litigation, as he has developed substantial experience in trying cases at the Louisiana Board of Tax Appeals for various business clients. He is also part of the firm's representation of the Federal Deposit Insurance Corporation in actions against directors and officers of failed thrift institutions.
Mr. Wallace has written and lectured on various aspects of antitrust compliance and related trade regulation issues, including the interplay between antitrust and intellectual property laws as well as the antitrust implications of alliances in college football.
Recent representative matters include:
· Obtained early dismissal of state antitrust claims on behalf of a major biotechnology company brought by the Louisiana Attorney General and successfully represented the company on the remaining Average Wholesale Pricing claims (2012).
· Led team in securing full dismissal of federal RICO charges and related ad valorem tax collection and fraud claims brought against a group of clients by the Terrebonne Parish tax assessor (2010).
· Successfully represented a major crude oil offloading company in pursuing antitrust claims against international cartel members in the marine hose industry (2010).
· Obtained early dismissal of state and federal monopolization claims on behalf of an international marine salvage company through a successful 12(b)(6) motion (2009).
· Secured full dismissal of state antitrust claims of price fixing and monopolization on behalf of Motiva Enterprises, LLP that was affirmed by the Louisiana Fourth Circuit Court of Appeal and the Louisiana Supreme Court (2009). Tuban Petroleum, L.L.C. v. SIARC, Inc., 09-0302 (La. App. 4 Cir. 4/15/09), writ denied, 09-0945 (La. 6/5/09), 9 So. 3d 877.
· Obtained key victory on behalf of a major biotechnology company against claims of illegal tying arrangements brought by the Louisiana Attorney General (2008).
· Obtained dismissal on behalf of an international consulting firm against claims of price fixing brought by the Louisiana Attorney General (2008). Louisiana ex rel. Caldwell v. Allstate Ins. Co., 536 F.3d 418 (5th Cir. 2008).
· Successfully defended a major maritime company in a Department of Justice investigation based on allegations of conspiracy to rig bids and fix prices in a series of government contracts (2008).
· Successfully represented a major health care corporation and local hospital in pursuing attempted monopolization claims against competing hospital whereby the competing hospital ceased its attempt to monopolize the relevant clinic market following Hurricane Katrina (2005).
· Assisted in successfully representing the Greater New Orleans Hotel and Lodging Association in opposition to Tax Increment Financing (TIF) of proposed hotel development where the proposed TIF statute was found unconstitutional by the Louisiana Supreme Court. World Trade Center Taxing District v. All Taxpayers, 05-0374 (La. 6/29/05), 908 So. 2d 623.
· Part of the legal team that secured a key victory for a federal banking agency in the United States Court of Appeals for the Fifth Circuit. The class action attacked the insured status of a federally insured banking institution. Heaton v. Monogram Credit Card Bank, 297 F.3d 416 (5th Cir. 2002).
· In a professional liability case for a federal banking agency, part of the legal team that secured an important victory in the United States Fifth Circuit involving the failure of Louisiana's largest thrift institution. FDIC v. Barton, 233 F.3d 859 (5th Cir. 2000).
Honors & Affiliations:
· Martindale-Hubbell AV Preeminent Peer Review Rating
· DRI - Chair-Elect for DRI's Antitrust, Consumer Protection, and Distribution Special Litigation Group
· American Bar Association - Antitrust Section and Business Torts and Civil Rico Committee - Member
· Louisiana State Bar Association - Antitrust, Trade Regulation and Business Tort Law Section - Member
· New Orleans Bar Association - Member
· NOBA Young Lawyers Section - Former Member of Executive Board of Directors
· Louisiana Bar Foundation - fellow
· Named to New Orleans CityBusiness' Leadership in Law Class of 2013
· Featured as Attorney to Watch in inaugural issue of Attorney at Law Magazine
· 2012 DRI Leader Spotlight Award Recipient
· 2010 Recipient of Peter J. Compagno Citizenship Award
· VIA LINK - President and Executive Board of Director Member of United Way Funded Agency
· Lakeview Civic Improvement Association - Former President; Member, Executive Board
· Presenter, The Bench, the Bar, and the Academy Unite to Discuss the Future of Legal Education, Annual Meeting of the Association of American Law Schools, January 2013
· Presenter, Antitrust Law Developments of 2012, DRI Commercial Litigation Committee Presentation, DRI Annual Meeting, October 2012
· Training Seminar on Antitrust and Competition Law Compliance at MSCI Gulf Region Chapter Annual Meeting in Mobile, Alabama, 2011.
· Speaker, The Significance of the Mentor in Developing Professionalism, New Orleans Bar Association, December 2009 and July 2010.
· Panelist, Making the Business Case for Diversity, Conclave on Diversity in the Legal Profession Sponsored by the Louisiana State Bar Association, March 2008.
· Key Note Speaker, Celebrating the Challenge of Diversity, American Association of Law Librarians National Conference - Annual Diversity Symposium, July 2007.
· Training seminar on antitrust and competition law compliance at Ineos Americas National Sales Meeting in Sandestin, Florida, April 2005.
· "Intellectual Property and Antitrust Law," ABA Intellectual Property Deskbook for the Business Lawyer: A Transactions-Based Guide to Intellectual Property Law, Ch. 13 (3d ed.) 2013.
· "The United States Supreme Court Limits the Ability to Invoke Civil RICO for Lost Tax Revenue," Defense Research Institute's The Business Suit, Vol. 13, Issue 10, December 9, 2010
· "Intellectual Property and Antitrust Law," ABA Intellectual Property Deskbook for the Business Lawyer: A Transactions-based guide to Intellectual Property Law, Ch. 13 (2d ed.) 2009.
· Recent Indictments Serve as Reminder That Communication and Collaboration Among Competitors Can Still Lead to Significant Antitrust Risks (2007)
· "Subject Matter Jurisdiction in Antitrust and Business Tort Litigation," ABA Business Torts and Unfair Competition Handbook, Ch. 9 (2d ed.) 2006
· "Class Action Reform Meets Challenge of Combining Fairness with Accessibility," 1 ABA Antitrust Sec. Bus. Torts RICO Rep. 12 (2004)
· "Control Without Restraint - The Interplay of Antitrust and Trademark Laws in the Franchise Relationship,"(with Marie Breaux), Distribution: Franchise and Dealership Committee Journal, A.B.A. Antitrust Sec., Vol. 6 (2002)
· "Elite Domination of College Football: An Analysis of the Antitrust Implications of the Bowl Alliance," 6 Sports Law J. 57 (1999)