Antitrust & Competition

Cases

• Successfully negotiated a class settlement—for 2.5% of the claimed damages—for a major utility provider and its subsidiary in a 15-year-old putative antitrust class action in Colorado federal court.
• On the eve of trial, obtained settlement for a leading nationwide insurer facing a novel antitrust challenge to its method of handling property damage claims.
• Obtained favorable settlement for a nation-leading cable operator in a high-stakes and high-profile antitrust dispute brought by a regional content provider.
• Successfully represented one of the nation's largest grocery and foodservice distributors as a direct action plaintiff in antitrust litigation concerning broiler chickens.
• Won a preliminary injunction for a national fitness franchisor against three competing fitness and nutrition studios that had stolen our client's trade secrets, infringed on its trademarks, committed fraud, and breached non-compete obligations.
• Serving as lead trial counsel for a natural gas company in a certified antitrust class action alleging wholesale price manipulation and seeking more than $2 billion in damages.
• Represented a nonprofit film society as a plaintiff in a circuit-dealing monopoly case against the nation's largest exhibitor of specialty films.
• Successfully defended a leading technology distributor against claims of civil conspiracy and trade secret misappropriation brought by former competitors, who sought tens of millions of dollars in damages. Following full discovery and a Daubert hearing, plaintiffs dismissed all claims on the eve of trial without any settlement or payment from WTO's client.
• Successfully represented multiple defendants in a $2 billion federal antitrust and labor class action challenging the au pair exchange program administered by the Department of State. After four years of litigation, and just two months before trial, WTO helped to negotiate settlement for the defense group, resulting in defendants paying only 3% of the demand.
• Won WTO's motion to dismiss a federal antitrust action for a New Mexico healthcare trade association accused of conspiring to exclude healthcare providers from market.
• Won motions to dismiss all antitrust claims against our client, a leading technology distributor, in multiple related antitrust conspiracy lawsuits brought by former distributors.
• Won a jury verdict for Armstrong Steel against claims of false advertising and defamation in a two-week trial in federal court in Colorado. A competitor of Armstrong sought millions of dollars.
• Represented Denver International Airport in high-profile claims involving alleged bid rigging and unfair competition relating to a $50 million terminal concessions contract.
• Won a directed verdict in a trade secrets trial for an oil and gas company. The plaintiff claimed theft of its technical geological data that allegedly had allowed the defendant to improperly acquire several hundred thousand acres of oil and gas leases in northeastern Nevada. The plaintiff's expert opined that the misappropriation of the trade secrets had caused more than $1 billion dollars in damages.
• Won reversal of a TRO that had been issued ex parte at the close of business on a Friday, effectively shutting down operations for a major manufacturing and distribution client, and subsequently won rejection of the injunction against WTO's client.
• Successfully represented a healthcare trade association in an $80 million federal antitrust lawsuit alleging conspiracy among the trade association, health systems, and health insurance companies.
• Won Fifth Circuit affirmance of a trial court's summary judgment for Michelin in a case alleging that Michelin and General Motors conspired to prevent the plaintiff from obtaining Michelin racing tires for use in the American Le Mans racing series. The original complaint included antitrust claims, which were dismissed, and unfair competition claims that survived until discovery, when no evidence supporting such claims was produced and the trial court granted summary judgment.
• Represented a leading telecommunications company as a third-party respondent in discovery relating to a lawsuit involving claims that an executive violated the terms of a noncompete agreement and misappropriated proprietary information from his prior employer. The case eventually settled, absolving WTO's client of its role in the litigation.
• Won summary judgment from trial court and successfully defended that order before the Tenth Circuit in a federal antitrust lawsuit alleging conspiracy to monopolize fixed-base operations at an airport.
• Successfully represented employers in noncompete and trade secret litigation, including obtaining injunctive relief against a former employee of a solar power plant developer for violation of noncompete and nondisclosure agreements.
• Obtained a preliminary injunction following a full-day evidentiary hearing in a Colorado district court for a large Ohio-based commercial painting company in a case involving trade secrets and a noncompete agreement.
• Successfully defended a government contractor in a federal antitrust class action and obtained early dismissal of tying and monopolization claims asserted by franchisee plaintiffs.
• Won Fifth Circuit affirmation of the lower court's granting of summary judgment in a case alleging unfair monopolization against FMC Corporation and involving the company's aircraft boarding bridges.
• Settled trademark/antitrust litigation regarding nationwide market for distribution of greeting cards.
• Successfully defended a health system against antitrust claims and state law claims in multiple lawsuits brought by physicians relating to failed joint ventures.
• Obtained a defense verdict for ARCO/Thunder Basin Coal Company in an antitrust case involving real estate development incident to a client's coal mining operations in Campbell County, Wyoming.
• Obtained a temporary restraining order to stop the former employee of a healthcare third party administrator (TPA) and his new employer from contacting the TPA's customers. WTO also obtained a declaratory judgment that the TPA's noncompete agreement was enforceable under Colorado law.