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
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
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
Antitrust Section, American Bar Association
Council, representative for the States, May 2005 to July 2009
Chair, Pricing Conduct Committee, 2011 to present
Editor-In-Chief, State Antitrust Enforcement Handbook (2003)
Member, Antitrust Modernization Commission Task Force, 2004-2007
Chair, State Enforcement Committee, 2001-2004
Vice Chair, Joint Conduct Committee, 2009 - 2011
Antitrust Section, New York State Bar Association
Public Service Award, 2009
Chair 1999-2000, Vice-Chair 1998-1999, Secretary 1997-1998
Executive Committee member, 1990 to present
Editor, Antitrust Law Symposium, 1996 to present
Editor-in-Chief, Antitrust Law in New York State (1995)
Co-Editor-In-Chief, Antitrust Law in New York State (2d ed. 2003)
Co-Editor-In-Chief, New York Antitrust and Consumer Protection Law (3d ed. 2011)
Nominating Committee, 2001-2011
Multistate Antitrust Task Force of the National Association of Attorneys General
Chair, 2005-2009
Marvin Award, June 2004 (service award of NAAG generally)
Chair, Vertical Restraints Working Group, 2007 to present
Member, Joint Enforcement Committee, 2004 to present
Co-chair, Antitrust Modernization Commission Committee, 2004-2007
Best Supreme Court Brief, 2006 Term (NAAG generally)
Chair, Contact Lens Working Group, 1996-2005
Amicus Committee, Chair 2001-2005, Member 2010 to present
Member, Health Care Working Group, 1995-2005