Representative
Merger & Acquisition Investigations
Jones Walker
has guided many clients through federal antitrust reviews of proposed
acquisitions and mergers under the Hart-Scott-Rodino Antitrust Improvements
Act:
- CenturyLink Inc. acquisition of
Qwest Communications (2010)
- Cal Dive
International, Inc. acquisition of marine assets from
Superior Offshore (2008)
- Horizon Offshore,
Inc.
acquisition by Cal Dive International (2007)
- Moncla Well
Service, Inc. acquisition by Key Energy Services, Inc. (2007)
- Gulf Island
Fabrication
acquisition of Gulf Marine Fabrication (2005–2006)
- Red Simpson, Inc. acquisition by
Pike Electric (2004)
- Tidewater, Inc. acquisition of
marine assets from Ensco Marine (2003)
Representative
Criminal and Civil Investigations
Jones Walker
has guided many clients through federal and state antitrust criminal and civil
investigations.
Jones Walker
served as lead counsel for Petroleum
Helicopters, Inc. in connection with a federal grand jury
subpoena and investigation of the Gulf of Mexico helicopter services industry
by the Antitrust Division of the United States Department of Justice.
Jones Walker
served as designated trial counsel for Xactware
Solutions, Inc. and Insurance Services Organization, Inc. in connection with an
investigation by the Louisiana Attorney General into alleged price fixing among
insurance companies in the adjustment of home owner claims.
Jones Walker
served as lead counsel for Yusen
Air and Sea Logistics Co. in connection with an investigation
of the freight forwarders market by the Antitrust Division of the United States
Department of Justice, Japanese Fair Trade Commission, and European Commission.
Jones Walker
was lead counsel for Stewart
Enterprises, Inc. in a civil antitrust investigations conducted
by several state attorneys general, including Maryland, Florida, and
Connecticut. The investigations were closed in 2009 without any action taken.
Representative
Litigation
Jones Walker
is lead counsel for PHI,
Inc., in a purported class action against the three largest
providers of offshore helicopter services in the Gulf of Mexico. Superior Offshore International, Inc. v.
Bristow Group Inc., et al., No. 1:09-cv-438 (D.Del., filed
6/12/09). The plaintiff alleges price fixing of offshore helicopter services in
violation of federal antitrust law.
Jones Walker
is lead counsel for Cal
Dive International, Inc. and
Helix Energy
Solutions Group, Inc. in a purported class action by former
employees of oil and gas service companies in the Gulf of Mexico. Cunningham v. Offshore Specialty
Fabricators, Inc., No. 04-CV-282. The putative class alleged a
conspiracy to hire illegal aliens to depress worker wages in violation of
anti-racketeering laws. The district court granted summary judgment on these
claims in favor of Cal Dive and Helix.
Jones Walker
is lead counsel for Stewart
Enterprises, Inc., in a purported nationwide consumer class
action against the three largest providers of funeral home services in the
United States and the largest casket manufacturer. Funeral Consumers Alliance Inc. v. Service Corp.
International, et al., No. 4:05-CV-3394 (S.D.Tx.). Originally filed
in the Northern District of California, the suit alleges that the defendants
acted jointly to reduce competition from casket discounters and to fix casket
prices in violation of the federal antitrust laws and the California Business
and Professions Code. Plaintiffs' expert submitted a report indicating that
damages sought from all defendants would be in the range of approximately $950
million to $1.5 billion, before trebling. After a four-day evidentiary hearing,
the court denied plaintiffs' motion for class certification on March 26, 2009.
The Fifth Circuit denied plaintiffs' petition for permission to appeal on June
19, 2009, and denied plaintiffs' motion for reconsideration on July 29, 2009.
Jones Walker
was lead counsel for Stewart
Enterprises, Inc., in Pioneer
Valley Casket Co., Inc. v. Service Corp. International, et al, No.
H-05-3399 (S.D. Tx.). Making allegations similar to those in the case above and
seeking damages of $99 million, before trebling, several retail casket stores
sought to represent a nationwide class of casket retailers. Soon after the
district court denied their motion for class certification, the plaintiffs
dismissed their claims.
Jones Walker
was designated trial counsel for Xactware
Solutions, Inc. in a series of consumer class actions filed by
private plaintiffs. The court denied the motion for class certification and
granted a motion to dismiss the antitrust claims against Xactware. Schafer v. State Farm Fire &
Casualty Co., 507 F.Supp.2d 587 (E.D. La. 2007).
Jones Walker was lead
counsel for
BellSouth
Telecommunications, Inc. in a commercial arbitration under CPR
Rules held in Atlanta brought by a local exchange carrier operating primarily
in Southern Florida. The claimant alleged that BellSouth had violated federal
antitrust law. While the arbitration was pending, the claimant filed for
bankruptcy protection in Miami. Jones Walker joined a team of three law firms
representing BellSouth in the bankruptcy proceedings. Acting upon BellSouth's motion
for the appointment of a Chapter 11 Trustee, the bankruptcy court ruled that if
the debtor's CEO "remains CEO of the Debtor and in control of the Debtor's
Board of Directors, he is sufficiently implicated in problematic transactions
to justify the appointment of a Chapter 11 Trustee."
In re Supra Telecommunications,
No. 02-41250-BKC-RAM (U.S. Bankruptcy Court. S.D.Fla. 12/19/2003).
