Greenberg Traurig, LLP

  • Established in 1967
  • Firm Size 2079
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    4.8/5.0 (912)
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Antitrust & Trade Regulation

Antitrust laws are a critical concern for companies of all sizes. While some companies want to avoid antitrust problems by getting advice before they occur, others find themselves confronted with government investigations or law suits. Despite the impression that the press may give that government agencies are “soft” on antitrust, there continue to be numerous investigations and lawsuits each year. Further, the vigor with which potential antitrust violations are investigated does not change depending upon which political party is in power. Dramatic changes in the 1980s to the interpretation of certain antitrust laws have been universally endorsed – making antitrust regulation a complicated maze for companies to navigate.

Greenberg Traurig’s Antitrust & Trade Regulation Group advises hundreds of clients every year. We have broad experience in handling Hart-Scott-Rodino pre-merger filings; analyzing and defending mergers, acquisitions and joint ventures; advising on business conduct; defending companies that are investigated by the Federal Trade Commission, Antitrust Division of the Department of Justice or State Attorneys General; and litigating when necessary. Many of our attorneys have worked for the Antitrust Division of the Department of Justice, the Federal Trade Commission or state attorneys general, so they understand various governmental bodies’ approaches to antitrust matters.

As the global economy expands, U.S. companies are faced not only with domestic antitrust concerns, but with the challenge of conforming their activities to comply with other countries’ antitrust laws, which vary widely. GT’s international offices and strategic alliances enable us to draw on the capabilities of international competition attorneys who work closely with our U.S. antitrust attorneys.

Our Practice

  • Mergers and acquisitions
     
  • U.S. and foreign pre-merger filings
     
  • Counseling
     
  • Federal and state civil and criminal investigations
     
  • State and federal advertising laws and FTC trade regulations
     
  • Litigation

M&A and Joint Ventures

GT attorneys each year review hundreds of transactions for antitrust purposes. Our work has involved representing clients in a multitude of industries – including manufacturing, wholesale, retail and services – with products ranging from traditional smoke-stack ones to complicated high-tech services.

GT’s antitrust attorneys have represented companies and advised on transactions of all sizes – from large corporations with billions of dollars of sales to considerably smaller companies and transactions in the billions of dollars, as well as lesser amounts. Additionally, we have experience dealing with acquisitions where one of the parties is in bankruptcy.

Our attorneys have broad experience with the Hart-Scott-Rodino pre-merger law and rules and regulations. We regularly advise clients on whether a transaction meets the filing thresholds or is exempt, as well as make the appropriate filing and follow it through the review process. To help clients avoid full-phase investigations – or “Second Requests,” as they are commonly called – our recommended approach is to:

  • Examine a transaction early in the negotiation process to determine if there are antitrust risks, the extent of the risks, and the likelihood of an investigation
     
  • Formulate a defense well in advance of the Hart-Scott-Rodino filing, so that we will be prepared to make a presentation to the federal government (and state attorneys general) as soon as questions surface about the transaction
     
  • Retain economists to assist in the defense when warranted

Should a Second Request be unavoidable, our attorneys can:

  • Negotiate the scope of the requested information
     
  • Represent parties at investigatory hearings
     
  • Appeal staff recommendations within the government agencies to the FTC Commissioners or to the Assistant Attorney General in charge of the Antitrust Division
     
  • Negotiate consent decrees
     
  • Negotiate with compliance officials at the government agencies on divestitures – representing either buyers or sellers of divested property

In addition, our attorneys regularly:

  • Advise clients on mergers involving horizontal issues, which most commonly raise issues, as well as with transactions concerning vertical or distribution issues
     
  • Counsel clients on the Merger Guidelines which government agencies use in evaluating mergers
     
  • Defend mergers involving every element in the analysis, such as product and geographic market definition, anticompetitive effects, ease of entry and the failing company doctrine
     
  • Represent customers and competitors in opposing certain transactions – which in turn gives us insight into the types of concerns that arise and helps us advise parties to acquisitions about possible opposition
     
  • Assess the applicability of foreign pre-merger and antitrust laws in the European Union, its member states, other individual European countries, Asia and Latin America, for cross-border transactions
     
  • Provide in-depth analysis of major acquisitions, frequently involving novel issues, for clients’ investment purposes.

Counseling

GT advises clients on whether their proposed or actual practices could create antitrust issues and recommends alternative approaches which could eliminate or reduce antitrust risk. Our attorneys:

  • Advise on issues arising in the distribution area, such as resale price maintenance, maximum and minimum price agreements, tying arrangements, minimum advertised pricing policies (known as MAP) and “Colgate” unilateral pricing
     
  • Counsel clients regarding issues that can arise when a seller is also a competitor of its customer (e.g., dual distribution)
     
  • Guide clients in means of terminating distributors to reduce the risk of lawsuits
     
  • Counsel clients regarding price-fixing, customer and territory allocation and alliances of various sorts with competitors
     
  • Conduct antitrust audits to determine compliance with the antitrust laws and to advise clients on any changes that should be made in their business conduct
     
  • Prepare antitrust compliance policies, which are distributed to appropriate employees and may be accompanied by oral compliance sessions
     
  • Advise trade associations and individual members about competitive issues and procedures they should follow to help them avoid antitrust issues

Trade Regulation

Members of our team have previously worked for the FTC and various state attorneys general enforcing consumer protection laws. We use that experience to advise and defend firm clients. Our attorneys:

  • Review client advertisements for compliance with federal and state laws on deceptive advertising
     
  • Advise clients about the application and scope of the FTC’s myriad rules and regulations, which are intended to protect consumers by requiring certain disclosures in advertisements and promotional literature
     
  • Counsel companies on regulations which apply to all companies and those which are limited to specific industries or products, such as insulation, textiles, video equipment, cigarettes, funeral services and credit reporting
     
  • Advise companies on the FTC’s Telemarketing Sales Rule, including the “do not call” provisions (and related state and FCC laws), use of the word “free,” negative option plans and endorsements
     
  • Defend clients in FTC and state attorney general investigations of their literature and practices and, when appropriate, negotiate consent decrees on their behalf

Antitrust Litigation

Greenberg Traurig’s antitrust litigation group includes attorneys with trial experience both with the federal antitrust enforcement agencies and against them. We are currently litigating civil and criminal antitrust cases in the United States and Europe. Our international practice allows us to assemble experienced antitrust litigators to prosecute or defend and try a broad range of antitrust claims. We have experience and depth in virtually every aspect of antitrust litigation. Our lawyers are particularly adept at litigating claims in regulated industries, both in federal court and before administrative agencies.

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4.8/5.0 (912 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Ginger Pigott by a Partner on 05/16/13 in Products Liability

    Ginger is a very experienced litigator. She carefully analyzes and prepares her cases. She is a tough litigator and negotiator. In addition, she has a nice touch with witnesses on both sides of the case. Would recommend her to any client, and I'd... Read more

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    Ginger is a very experienced litigator. She carefully analyzes and prepares her cases. She is a tough litigator and negotiator. In addition, she has a nice touch with witnesses on both sides of the case. Would recommend her to any client, and I'd work with her on any case. Read less

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  • 5.0/5.0 Review for David Freylikhman by a Of Counsel on 09/16/12 in Real Estate

    Mr. Freylikhman is a creative thinker, and his expertise in his practice area increases every day. He is passionate about his work and it phous.

    Mr. Freylikhman is a creative thinker, and his expertise in his practice area increases every day. He is passionate about his work and it phous. Read less

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Diversity

At Greenberg Traurig, we are committed to diversity and inclusion in the workplace. The individual attorneys at Greenberg Traurig are committed to nurturing diversity throughout the firm and creating an environment where differences are embraced and utilized creatively.

For us, diversity is about taking action - opening doors for lawyers.

That commitment is reflected by the fact that overall, 40 percent of Greenberg Traurig's attorneys worldwide are women or minorities as defined by the American Bar Association. As of Dec. 31, 2014, our U.S. employees, including attorneys and staff, who met the definition of minority persons reflected a total of 29 percent of our employment base. Approximately 32 percent of our U.S. attorneys and 52 percent of our U.S. employees are women.

Greenberg Traurig's commitment to diversity and inclusion goes beyond any single committee. Committees cannot nurture; they cannot mentor; they cannot create an environment where differences are embraced and utilized creatively. Committees do not lead. Our diverse attorneys however, can and do.


* We welcome and reflect the communities we represent better than any other major law firm in our markets.

* We do not simply rely on a "committee" to achieve this.

* We do so through a commitment to providing a fair opportunity for each of us to reach our full potential.

* We have the personal dedication of many at Greenberg Traurig who identify and bring into our firm this very special diversity.

* The Minority Law Journal 2014 Diversity Scorecard has recognized us as follows:
o No. 1 Ranking, African American Partners
o No. 1 Ranking, Hispanic American Non-Partners
o No. 2 Ranking, Hispanic American Partners


* The National Law Journal has previously recognized our attorneys as among:
o No. 2 Ranking, Female Partner Numbers, Female Scorecard (2013)
o "The 50 Most Influential Minority Lawyers in America" (Three) (2008)
o "The 50 Most Influential Women Attorneys" (Two) (2007)
o "The 100 Most Influential Attorneys in America"
(Two diverse attorneys; three total) (2006)


Diversity in Action: Fostering Diversity in the Profession and Preserving the Pipeline

Greenberg Traurig's Diversity Leadership Community has initiatives that focus on fostering an environment within the firm that supports and encourages diversity and inclusion, and increasing diversity in the profession by increasing access to a legal education for minority students. Helping today's law students and lawyers become tomorrow's business and legal leaders means a larger, more diverse marketplace and a greater pool of talented professionals. And that means more business opportunities for everyone - our firm, our colleagues and, most importantly, our clients.
 
In this way, our approach to diversity and inclusion mandates a high-level of personal responsibility with regard to the recruitment and retention of diverse attorneys. Attorneys in recruiting, hiring and supervisory roles are continuously made aware of the progress of our efforts. Our personal approach to diversity and inclusion means that Greenberg Traurig lawyers are active at their alma maters and at law schools local to their offices, participating in such programs as career panels; "Meet the Employer" days; and mock interviews, among others.

It has been, and continues to be, our goal to create a well-balanced workforce that contains a significant presence of minorities and women.

Greenberg Traurig creates and supports partner programs with women, minority, gay/lesbian or disability-focused bar associations. We attend and sponsor events at these organizations regularly throughout the United States. The firm works closely with national and local minority bars to address the fostering of diversity and inclusion in the profession on many levels. We support the work of several organizations, including MCCA, NAPABA, NASABA, NBA, NLGBTBA, HRC, HNBA and others.

Additionally, we provide funding through the Holly Skolnick Greenberg Traurig Fellowship Foundation for lawyers and law students to work with public interest groups. Through the Foundation, Greenberg Traurig serves as the largest sponsor of Equal Justice Works Fellowships in the United States and has invested approximately $8 million to support, in whole or in part, almost 127 Equal Justice Works Fellows since 1999.

We invite clients to join us as we work towards:

* Cultivating strategic partnerships with clients and potential clients to leverage our diversity platform to create and deepen relationships and cultivate business opportunities.

* Encouraging our lawyers to facilitate opportunities for our diverse and women lawyers to develop relationships with clients before and after new matters are received.

* Broadening the pipeline of diverse attorneys by expanding relationships with minority bar associations and other legal diversity organizations through our combined support of these networks.

* Focusing on strengthening mentoring programs for female and diverse attorneys at every level.

* Instituting a program that provides a variety of mentoring, rainmaking and training opportunities that can be accessed by a wide range of diverse attorneys across a variety of underserved communities.

* Engaging our Affinity Groups and their allies as a forum for professional development and business development opportunities, as well as for recruiting and retention assistance and as a social exchange to promote inclusion.

Diversity in Action: Employee Resource Networks

Greenberg Traurig's Employee Resource Networks (Affinity Groups) have the goal of addressing the needs of our attorneys and professionals who are diverse. We support Affinity Groups for our attorneys who are African American, Asian American, Hispanic American, LGBT and women, and we continue to gauge opportunities to expand those groups as our needs and demographics dictate.

The firm's Affinity Groups are as follows:

* African American Affinity Group

* Asian Pacific American Affinity Group

* Hispanic American Affinity Group

* Lesbian, Gay, Bisexual and Transgender (LGBT) Affinity Group

* South Asian American Affinity Group

* Women's Initiative

Our goals include:

* Mentoring of junior attorneys within the specific group;

* Recruitment and retention of diverse attorneys;

* Active participation in organizations addressing specific groups; and

* Serving as a forum for group members to discuss and explore issues and opportunities that will add value to client relationships.

Women's Initiative

As an example of our approach, Greenberg Traurig's firm-wide Women's Initiative focuses on retaining and supporting women attorneys through professional development and work/life balance initiatives, as well as through business development training programs and networking opportunities.

We work with like-minded organizations to address these issues on a broader scale in a variety of industries and communities.

Our program targets:

* Attracting and retaining talented women attorneys.

* Supporting business development for women attorneys.

* Serving as industry leaders.

* Impacting the community through leadership and service.

* Maintaining a culture that benefits women attorneys.

Diversity in Action: Suppliers

Greenberg Traurig is committed to the development of Disadvantaged Business Enterprises and Small Business Enterprises (DBE & SBE) suppliers.

As such:

* All business concerns, large and small, majority- or minority-owned, are afforded an equal opportunity to compete.

* A national director of procurement within the firm supports this practice.

* We are committed to diversity with respect to our vendors and suppliers.

* We are amenable to using diverse vendors and suppliers recommended by clients.

Diversity from the Top Down

Cesar L. Alvarez, Co-Chair of Greenberg Traurig, leads our diversity efforts. This is a matter of personal responsibility for him, having entered the U.S. as an immigrant with humble beginnings.

He has previously been honored as follows:

* "Lifetime Achievement Award," Hispanic National Bar Foundation

* "100 Most Influential Lawyers in America," The National Law Journal

* "50 Most Influential Minority Lawyers in America," The National Law Journal

* "Top Most Powerful Hispanics," The Black Book of Poder

* "25 Best Latinos in Business," Hispanic Magazine, The Power Issue

* "President's Award of Merit for Diversity Efforts," The Florida Bar

* "Spirit of Excellence Award," ABA Commission on Racial and Ethnic Diversity in the Profession

* "Lifetime Achievement Award," Chambers USA Awards for Excellence

* "CEO of the Year" award, Multicultural Law Magazine

* "Attorney of the Year Award," Hispanic National Bar Association

 

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