Patterson Belknap Webb & Tyler LLP

Patterson Belknap represents clients in antitrust litigation and counseling matters, including those related to pricing, marketing, distribution, franchising, and mergers and acquisitions. The firm has particular experience in antitrust litigation involving product distribution and pricing, safety codes and other standard-setting activities, and IP/antitrust issues such as alleged misuse of patents.

Our group authors AntitrustUpdateBlog.com, a source of insights, information and analysis on both criminal and civil antitrust and competition-related issues, including the legal developments, trends and changing regulation that impact businesses.

Our team includes William F. Cavanaugh, Jr., who returned to the firm after serving as Deputy Assistant Attorney General of the United States for Civil Enforcement in the Antitrust Division of the Department of Justice. During his time in Washington, Mr. Cavanaugh directly supervised the Division’s work on a number of high-profile matters, including the Google Book Search settlement agreement and the Ticketmaster and Live Nation merger. Prior to his term in Washington, he served as national and trial counsel in several large multiparty antitrust and fraud litigations in federal and state courts across the United States, representing major pharmaceutical, medical device, and financial services companies.

Our team also includes Deirdre A. McEvoy, who most recently served as Chief of the New York Field Office of the U.S. Department of Justice’s Antitrust Division. Ms. McEvoy managed the Office’s first trials in close to a decade and, under her supervision, the Office secured several important convictions. During her tenure, the group handled primarily criminal antitrust enforcement matters, with a focus on cartel and other fraudulent conduct in financial markets. Prior to heading the Antitrust Division’s New York Field Office, Ms. McEvoy served for ten years in the U.S. Attorney’s Office for the Southern District of New York, where she spent three years as Deputy Chief of the Criminal Division.

We have defended large corporations and professional associations in a number of major antitrust cases, including two argued in the United States Supreme Court. In addition, Patterson Belknap has represented clients before the Department of Justice, Federal Trade Commission and various other federal and state administrative agencies. The firm is also active in civil antitrust litigation in federal and state courts. In antitrust counseling, as in other areas, Patterson Belknap stresses efficient staffing and cost-effective legal representation.

Some significant cases include:

• Successfully secured summary judgment on behalf of the largest producer of quality chocolate in North America as lead trial counsel in a multidistrict antitrust litigation in the Middle District of Pennsylvania. The plaintiffs are direct purchasers (wholesalers and chain stores) that alleged that our client conspired with other major chocolate manufacturers to fix the price of chocolate singles and “kings” in the U.S. between 2002 and 2007. The district court concluded that the record evidence led to the conclusion that “plaintiffs have adduced no evidence tending to exclude the possibility that defendants acted independently.”
   
• Successfully secured the dismissal of a multi-million dollar federal antitrust lawsuit against our client, a major pharmaceutical manufacturer. The Third Circuit Court of Appeals dismissed all antitrust claims against our client on the grounds that the plaintiff did not have the antitrust injury that is necessary for antitrust standing under Sections 1 and 2 of the Sherman Act.
   
• Defended one of the major financial guaranty insurance companies in a series of antitrust claims brought by municipal bond issuers. In two separate groups of cases, the municipalities alleged wide-ranging conspiracies among insurers and others in both the sale of bond insurance and in the sale of municipal bond derivatives.
   
• Representing a major financial institution in an antitrust lawsuit brought by another financial services company. In this follow-on suit to a Department of Justice case, the plaintiff sought damages for injuries allegedly suffered as a result of certain credit card rules. The plaintiff also joined numerous banks, including our client, alleging that they conspired to exclude the plaintiff from the bank-issuing card market. The case subsequently settled.
   
• Advising a publisher in defense of a government investigation into licensing practices in the delivery of financial data.
   
• Defended a major pharmaceutical company in federal multidistrict class and individual actions, and state class actions, arising from allegedly anti-competitive pricing in the brand name prescription pharmaceutical market.
   
• Defended the nation's largest publisher of magazines in a nationwide class action alleging a conspiracy among publishers to restrain discounting of magazine subscriptions.
   
• Defended a major pharmaceutical company against claims by generic drug manufacturers and classes of consumers alleging illegal exclusion of generic competition through abuse of patent rights.
   
• Defended before the FTC a health care company's right to acquire a contraceptive business in the face of antitrust objections.
   
• Handled an antitrust appeal before United States Supreme Court in the Sharp Electronics case on vertical restraint issues relating to the marketing of electronic equipment.
   
• Represented a professional society in the United States Supreme Court and lower court against charges of antitrust violations, which stemmed from allegedly anti-competitive manipulation of its safety code program.
   
• Represented a consumer products company in challenging as a restraint of trade an agreement restricting its use of a famous trademark.
   
• Defended an antitrust suit against a health care concern that acquired a medical device, allegedly to drive the acquiree out of business.
   
• Represented a joint venture of two major media companies seeking to prohibit a competitor on antitrust grounds from acquiring a cable network.
   
• Advising corporate clients on the antitrust implications of grants of distribution rights, relations between manufacturers and their distributors, tie-ins and consumer, wholesale pricing.

OUR COMMITMENT TO DIVERSITY

 

Promoting diversity within the firm and the legal profession has been central to our mission for years.

 

Over 20 years ago, Patterson Belknap was one of the first major firms to elect a woman as its Managing Partner.  We work to continue that tradition where women and minority lawyers thrive and succeed.

 

• In 2012, Patterson Belknap scored a 100% rating in the Human Rights Campaign Foundation’s Corporate Equality Index.
• Women In Law Empowerment Forum, accorded Patterson Belknap its Gold Standard Certification for demonstrating a meaningful presence and integration of women into our highest leadership positions.
• In 2011, Patterson Belknap was recognized as one of the top companies in America for gay, lesbian and transgender attorneys by Work Life Magazine.  

 

As Co-Chair of the Firm and Managing Partner Bob LoBue has said, "For far too long, the door to practicing in the top ranks of our profession was open only to a privileged few.  That is changing for the better, and Patterson Belknap is both a beneficiary and a strong supporter of diversity.  We will continue to cultivate an atmosphere of civility, dignity and mutual respect in which all of our attorneys and staff are welcome and can flourish."

 

RECRUITING & OUR DIVERSITY FELLOWSHIP

 

Our commitment to a diverse workplace begins by actively recruiting women and minority law school students. Accordingly, we partner with a wide range of student affinity groups at various law schools to present informative programs about opportunities both at Patterson Belknap and in the legal profession more broadly and engage in open conversation with interested law school students who are thinking about working in a law firm environment. We also strongly encourage applications from lateral associates of color and other diverse backgrounds.

 

As a part of our recruiting efforts, we constantly seek candidates who not only distinguish themselves through their accomplishments, but who have interesting life and work experiences. We welcome you to take the time to ask questions and to get to know us. At Patterson Belknap, we make every effort to retain and promote people who will contribute their myriad talents and backgrounds to create a successful firm of which we can be proud.

 

To learn more about Recruiting and working at Patterson Belknap, please visit our Careers section by clicking here.

 

 

 

THE PATTERSON BELKNAP WEBB & TYLER LLP DIVERSITY FELLOWSHIP

 

Patterson Belknap Webb & Tyler LLP believes that a workforce made up of people from diverse social, racial, economic and cultural backgrounds results in a dynamic and supportive workplace for our attorneys and staff and enhances our ability to provide the highest-quality representation for and service to our clients. As part of our ongoing commitment to recruiting, retaining and promoting attorneys who contribute to the diversity of our firm and our profession, we are pleased to offer the Patterson Belknap Webb & Tyler LLP Diversity Fellowship.

 

The Fellowship Program

 

The Fellowship, which includes an award of up to $15,000, will be offered to an exceptional rising second-year law student who shows the promise both of becoming an outstanding attorney and of contributing meaningfully to the diversity of Patterson Belknap and the legal community. The Fellowship will be awarded in the course of the regular fall recruiting season for summer associate positions and the Fellow will participate in the regular summer associate program at the Firm in the year after the Fellowship is awarded.

 

In addition to a paid position as a 2L summer associate, the Fellow will receive $5,000 on the first day as a 2L summer associate, $5,000 upon acceptance of an offered position as an associate at Patterson Belknap and $5,000 on the first day of joining the firm as an associate.

 

Eligibility

 

The recipient of the Fellowship must demonstrate academic excellence and leadership abilities, together with personal and professional accomplishments and a commitment to community service. The recipient should demonstrate the potential to be successful in the legal profession and to be a meaningful contributor to the diversity of our firm and the legal community. All applicants must be entering their second year in good standing pursuing a Juris Doctor degree at an ABA accredited law school.

 

We will accept applications for the 2013 Fellowship until July 20, 2012. We encourage you to submit an application as soon as possible. You may send your first-year law school transcript after you receive it. Applications must include:

 

 

1.     Cover letter stating that you are applying for the Patterson Belknap Webb & Tyler LLP Diversity Fellowship;

2.     Resume;

3.     Official or unofficial transcript (photocopy and/or online version) of law school grades;

4.     A personal statement of no more than 500 words describing your interest in the Patterson Belknap Webb & Tyler LLP Diversity Fellowship and how you would contribute to the diversity of our firm and the legal profession, including any past contributions that you have made to the legal community; and

5.     A writing sample.

 

All materials should be sent by email and/or regular mail to the attention of:

 

Ms. Robin Klum

Director of Professional Development

Patterson Belknap Webb & Tyler LLP

1133 Avenue of the Americas

New York, NY 10036

Email: [email protected]

Phone: (212) 336-2733

 

 

INCREASING DIVERSITY IN THE LEGAL PROFESSION

 

Patterson Belknap also believes that it has a role to play in increasing the diversity of the legal profession as a whole. Hence, the Firm has engaged in a number of “pipeline” endeavors to increase the number of minorities pursuing careers in the law by mentoring and encouraging minority students with an interest in law beginning at an early age.

 

 

·         For a number of years, the Firm has partnered with Legal Outreach, an organization which prepares urban youth from underserved communities in New York City to compete at high academic levels by using intensive legal and educational programs. The firm is a key supporter of Legal Outreach’s “College to Law School Pipeline Diversity Program”, “Summer Law Institutes” and “Summer Internship Program” which are designed to mentor minority junior high and high school students who have an interest in pursuing a legal education. Through these programs, numerous Patterson Belknap attorneys have coached Legal Outreach students in mock trials and oral argument programs, delivered workshops to introduce students to different aspects of the law and served as individual mentors to students.

 

·         One of our partners serves as a board member of PALS - Practicing Attorneys for Law Students - an organization dedicated to increasing diversity in the legal profession. We have also co-hosted panel discussions and events with PALS to support young minority attorneys in their career development.

 

·         For a number of years, Patterson Belknap has mentored students from Flushing High School in the annual Metropolitan Mentor Moot Court and NYSBA Statewide Mock Trial competitions. Patterson Belknap attorneys meet weekly with the students in the Fall (for moot court) and Spring (for mock trial) to coach them on all aspects of preparing for the competition – from brainstorming the issues presented in the fact pattern, to drafting examination questions and oral arguments. The students gain confidence in their public speaking skills, and meaningful, fun exposure to litigation.

 

 

OUT AT PATTERSON

 

Mission

 

Out at Patterson is an affinity group for Lesbian, Gay, Bisexual and Transgender (LGBT) attorneys at Patterson Belknap. We meet on a monthly basis to discuss issues of common interest, to foster a sense of community, to socialize as colleagues, and to assist in the firm's efforts to recruit, retain and promote qualified LGBT attorneys.

          

Message from the Chair of Out at Patterson

 

"I have found Patterson Belknap to be very welcoming of its LGBT attorneys and staff since my arrival in 1985. In addition to my involvement with Out at Patterson, I also chair our Benefits Committee, where we strive, in all our employee benefit arrangements, to recognize the needs of our LGBT employees. As an employee benefits lawyer, I have been grateful to be able to work to design programs intended to provide for the fairest available treatment of same-sex spouses, domestic partners and their children, and to work toward changes in the law to benefit LGBT families."

 -- David M. Glaser

Partner and Co-Chair, Employee Benefits & Executive Compensation Group

Chair, Out at Patterson

 

Our Pro Bono Service and Scholarship

 

Patterson Belknap has a strong record of pro bono service and scholarship on behalf of LGBT clients and related concerns. Our work has included:

 

·                 Numerous successful representations of LGBT refugees in the United States seeking asylum because of persecution in their home countries.

 

·                 Preparation of comprehensive analyses of disparate tax treatment of same sex spouses in light of the Federal Defense of Marriage Act.

 

·                 Numerous articles published by Patterson Belknap attorneys regarding treatment of same sex spouses and partners, and related presentations.

 

Our Leadership

 

 "Patterson Belknap fosters an inclusive and affirming work environment for lawyers, staff and their families. The support of our LGBT colleagues is reflected in our work, our policies and our firm culture. We believe this diversity broadens our understanding of clients' needs and enables us to deliver superior service."

-- Richard R. Upton, Partner

Co-Chair, Tax Group

Co-Chair, Diversity Committee

 

Our Community

 

 "Patterson Belknap takes a comprehensive approach to LGBT issues that goes well beyond the implementation of policies important to LGBT attorneys and staff. The firm strives to ensure that an atmosphere of inclusiveness permeates all aspects of firm life and that diversity is celebrated, not merely tolerated. By its commitment to recruiting and promoting LGBT attorneys, and to advocating on behalf of LGBT clients and issues important to our community, Patterson Belknap shows a true dedication to fully incorporating LGBT attorneys and staff into the firm's culture."

-- Matthew Shepherd, Counsel

 

"Patterson Belknap's inclusive atmosphere, which has always warmly welcomed my partner and me, is why I'm here. I believe genuine progress on LGBT issues takes more than just policies. In my experience, Patterson Belknap strives to take these extra steps."

--  Karen R. Berry, Counsel

 

"Patterson Belknap is inclusive and conscientious in all the ways that matter to LGBT attorneys. That's just one of the reasons the firm is a terrific place to practice."

-- Travis J. Tu, Partner

 

 

PATTERSON ATTORNEYS OF COLOR

 

About PAC

 

Patterson Belknap is committed to employing a diverse workforce of attorneys and staff. We consider a diverse workforce to include people of all social, racial, economic and cultural backgrounds. The firm also believes that a diverse group of legal talent provides the most substantial, thorough and comprehensive representation for any client.

 

PAC is one of the firm's resources for cultivating an environment that enables attorneys of color to develop skills and grow as lawyers. PAC was formed in 2001 in part to help enhance the sense of community among attorneys of color, and provide an important way for them to connect with each other and the world outside the firm.

 

 PAC attorneys meet formally once a month to discuss issues of common interest, to foster a sense of community and to socialize as colleagues. In addition, PAC assists the firm with the recruitment, retention and promotion of attorneys of color to enhance workplace diversity. Its members participate in on-site recruiting events at law schools and sit on both the hiring and diversity committees.

 

Our Community

 

 

“I am continuously impressed by Patterson's commitment to the growth of its associates and the firm; growth in diversity, growth in character, and growth in skill and professionalism."

-- Lia Marie Brooks

Class of 2008

 

"I feel fortunate to be at Patterson Belknap, where I am surrounded by a community of colleagues who are not only inspiring, but also a pleasure to work with. 'Collegiality' is not just a buzzword here—the firm is truly dedicated to making Patterson a rewarding place to work for people of all backgrounds."

-- Jean L. Tom

Class of 2002

 

"What makes Patterson an especially pleasant environment to work at is the firm's recognition that our different backgrounds allow us to make unique contributions to the practice of law and add to the character of the firm."

-- Muhammad Faridi

Class of 2007

 

 "The firm's commitment to diversity stems naturally from its commitment to excellence. Patterson understands that each lawyer's individual background and experiences add significant value not only to the environment of the firm but the quality of its work product."

-- Solmaz F. Firoz

Class of 2010

 

"Patterson's commitment to excellence is rivaled only by its commitment to seeing that each and every new lawyer succeeds. In large part, success at Patterson is measured by how much you are truly enjoying the practice of law."

-- Travis J. Tu

Class of 2003

 

 "I am grateful to be part of a law firm that combines excellence in the practice of law with a strong commitment to diversity and a culture of collegiality. Patterson is simply a wonderful place to work."

-- Nishka Chandrasoma

Class of 2006

 

"Diversity is more than a catch-phrase at Patterson; it's an integral part of the Firm's culture.  Patterson recognizes that every attorney at the firm - from the most senior partner to the most junior associate - brings something unique and valuable to the table.  It's a fundamental part of Patterson's ability to provide the highest level of service to its clients as well as create an atmosphere that fosters collegiality and attorney growth and development."

-- Herman H. Yue

Class of 2007

 

WOMEN LAWYERS AT PATTERSON

 

About WLAP

 

Women Lawyers at Patterson (WLAP) was created in the Spring of 2006, following a discussion at a monthly Associates Committee meeting about the need for women lawyers at the firm to have a forum and affinity group to address issues of professional development, internal and external networking, and firm issues that might resonate particularly with women lawyers. The idea was met with uniform enthusiasm from partners and associates. Shelly Korman, the then managing partner of the firm, convened a few women partners, associates and counsel for the first meeting, and WLAP was born.

 

WLAP organizes bi-monthly gatherings for the women of the firm. The agenda for each gathering is set by a shifting group of volunteer WLAP steering committee members. Each volunteer planning group serves for 3-4 meetings and then the responsibility is rotated to a new group. Laura Butzel acts as the partner chair. Since 2006, WLAP gatherings have included:

 

·                 Informal dinners and get-togethers at partners' homes;

 

·                 Practical workshops on communication and business development for women lawyers;

 

·                 Panels of women partners and counsel discussing their career decisions and trajectories; and

 

·                 A group conversation with the woman President of the City Bar Association.

 

 Each year, WLAP also schedules at least one informal, social event and one substantive gathering to include summer associates.

 

 "As a young woman entering the legal profession, I was fortunate to find some wonderful mentors, both female and male, at Patterson. They took a sincere interest in my career development and have supported my endeavors even after I moved on to other things."

-- Kim Sweet, Executive Director, Advocates for Children

 

"WLAP has promoted an open conversation among women lawyers about many issues, ranging from discussions about different career paths taken by women lawyers, to the importance of mentoring and support networks. Most importantly, WLAP has encouraged the point of view that there are countless paths for women lawyers to take as professionals, and that time spent listening to and learning from one another enriches all of our professional lives."

-- Lisa E. Cleary, Partner

 

OUR DIVERSITY COMMITTEE

 

Our Diversity Committee consists of partners, counsel and associates, our Managing Partner, and the Co-Chair of the firm's Hiring Committee. The Committee meets regularly to discuss ways to continue to enhance diversity at Patterson Belknap, retain minority and women associates and increase diversity at the partner level.

 

Committee members attend external CLE classes and programs to help generate innovative ideas for accomplishing our goal of an increasingly diverse workplace. The Committee works hand-in-hand with the firm's Management Committee to implement diversity training for partners, associates and staff. It has also undertaken a diversity assessment as a basis for future diversity initiatives. Members also participate in the New York City Bar's Diversity Working Sessions and sit on its Committee for Improving Diversity in the Profession.

 

 

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