Employment, Education, Admissions, Memberships

EMPLOYMENT

NEW YORK STATE DEPARTMENT OF LAW, N.Y., N.Y.

Assistant Attorney General, Antitrust Bureau, September 1987 to the present

Director of Litigation, Antitrust Bureau, April 2000 to January 2011

Reported decisions include: In re Cardizem CD Antitrust Litigation, 391 F.3d 812 (6th Cir. 2004) (affirming approval of settlement in pay for delay litigation); New York v. Julius Nasso Concrete Corp., 202 F.3d 82 (2d Cir. 2000) (reversing a refusal to award damages for a concrete construction bid rig); New York v. Reebok International Ltd., 96 F.3d 44 (2d Cir. 1996) (affirming approval of settlement in resale price fixing litigation); New York v. St. Francis Hospital, 94 F. Supp. 2d 399 (S.D.N.Y. 2000) (granting the State summary judgment on liability on price fixing and market allocation claims against Poughkeepsie hospitals); New York v. May Department Stores, 881 F. Supp. 860 (W.D.N.Y. 1994) (ordering preliminary injunction against merger of department stores in Rochester, New York); Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 877 (2007) (states' amicus) (5-4 decision rejecting states' argument that minimum resale price fixing should be automatically illegal); X.L.O. Concrete Corp. v. Rivergate Corp., 83 N.Y.2d 513 (1994) (New York amicus) (holding an antitrust violation can operate as a defense to a contract action); State Oil Co. v. Khan, 522 U.S. 3 (1997) (States’ amicus) (decision rejecting states' argument that maximum resale price fixing should be automatically illegal)

Other representative litigations include: In re Electronic Books Antitrust Litigation, Nos. 11-md-02293, 12-cv-03394 (S.D.N.Y.) (DLC);  New York v. Tempur-Pedic International, Inc., Index No. 400837/10 (Sup. Ct. N.Y. County) (sought summary determination against resale price fixing under state law); In re Vitamins Antitrust Litigation, M.D.L. 1285 (D.D.C.) (state liaison counsel seeking remedies for price fixing among vitamins manufacturers); In re Disposable Contact Lens Antitrust Litigation, M.D.L. 1030 (M.D. Fla.) (chair of committee of states challenging restraints on sale and distribution of disposable contact lenses); In re Insurance Antitrust Litigation, M.D.L. 767 (N.D. Calif.) (state challenge to refusals to cover long-tail risks, like pollution); In re Clozapine Antitrust Litigation, M.D.L. 874 (N.D. Ill.) (co-lead counsel for states challenging tie of patient management services to the sale of a drug)

Louis Lefkowitz Award, June 2002

Longevity Award, 25 years of service, December 2012

FORDHAM UNIVERSITY SCHOOL OF LAW, N.Y., N.Y.

Adjunct Associate Professor of Law, Legal Writing, 1986-87 school year

SCHUPAK ROSENFELD FISCHBEIN BERNSTEIN & TANNENHAUSER, N.Y., N.Y.

Attorney, Fall 1983 - Summer 1985

SKADDEN, ARPS, SLATE, MEAGHER & FLOM, N.Y., N.Y.

Attorney, Fall 1981 - Fall 1983, and Summer Associate, Summer 1980

EDUCATION

FORDHAM UNIVERSITY SCHOOL OF LAW, N.Y., N.Y.

J.D., May 1981

Commentary Editor, Fordham Law Review

NEW YORK UNIVERSITY, GRADUATE SCHOOL OF BUSINESS ADMINISTRATION, N.Y., N.Y.

M.B.A., Finance, February 1988

EARLHAM COLLEGE, Richmond, Ind., B.A., double major, Political Science and Spanish, 1976

ADMISSIONS

New York State, Second Department, January 1982

U.S. Supreme Court, October 1997

Second Circuit Court of Appeals, April 1999

Sixth Circuit Court of Appeals, November 2003

Eleventh Circuit Court of Appeals, December 2001

MEMBERSHIPS

Antitrust Section, American Bar Association

Antitrust Section, New York State Bar Association

Multistate Antitrust Task Force of the National Association of Attorneys General