EMPLOYMENT
NEW YORK STATE DEPARTMENT OF LAW, N.Y., N.Y.
Assistant Attorney General, Antitrust Bureau, September 1987 to the presentDirector 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: New York v. Tempur-Pedic International, Inc., Index No. 400837/10 (Sup. Ct. N.Y. County) (seeking summary determination against resale price fixing under state law) (currently on appeal); In re Vitamins Antitrust Litigation, M.D.L. 1285 (D.D.C.) (liaison counsel for states 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
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
EDUCATIONFORDHAM 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 1988EARLHAM COLLEGE, Richmond, Ind., B.A. 1976
ADMISSIONSNew 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
- State Representative on the Council, May 2005 to July 2009
- Member, Antitrust Modernization Commission Task Force, 2004-2007
- Chair, State Enforcement Committee, 2001-2004
- Vice Chair, Joint Conduct Committee, 2009 - 2011
- Chair, Pricing Conduct Committee, 2011 to the present
Antitrust Section, New York State Bar Association
- Chair 1999-2000, Vice-Chair 1998-1999, Secretary 1997-1998
- Executive Committee member, 1990 to the present
- Public Service Award, 2009
Multistate Antitrust Task Force of the National Association of Attorneys General
- Chair, 2005-2009
- Chair, Vertical Restraints Working Group, 2007 to present
- Co-chair, Antitrust Modernization Commission Committee, 2004-2007
- Marvin Award, June 2004
- Best Supreme Court Brief, 2006 Term
- Chair, 1996-2005, Contact Lens Working Group
- Convener, 2001-2005, Antitrust Amicus Committee
- Member, 2004-present, Joint Enforcement Committee
- Member, 1995-2005, Health Care Working Group
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