Ronald F Wick

Partner, Washington, D.C.

Ronald F Wick

Partner, Washington, D.C.

Ronald F. Wick focuses his practice on litigation concerning trade regulation, antitrust, and commercial disputes. He has represented clients at the Federal Trade Commission, in the courts of Maryland and the District of Columbia, and in federal courts across the country. In addition to his litigation practice, Ron advises clients on antitrust compliance, pricing discrimination, premerger notification issues, and other compliance issues.

Ron’s trade regulation practice encompasses a variety of areas. He has defended clients against allegations of price-fixing and attempted monopolization under the Sherman Act, price discrimination under the Robinson-Patman Act, and unfair competition and false and deceptive advertising under the Federal Trade Commission Act. He regularly advises and represents clients contemplating mergers and acquisitions, including by handling premerger notification filings with the FTC and the Antitrust Division of the Department of Justice under the Hart-Scott-Rodino Act, and by working with both agencies to resolve potential antitrust issues arising out of mergers, acquisitions, and joint ventures.

Ron regularly assists corporate clients in developing antitrust compliance policies, forming joint ventures, and evaluating sales and marketing initiatives for compliance with the antitrust laws. He is also experienced in counseling and representing trade associations.

In addition to his antitrust practice, Ron has litigated a variety of commercial disputes in state and federal courts. His litigation experience includes matters as varied as commercial asset-based lending arrangements, obstetric malpractice, insurance disputes, a challenge to federal higher education regulations, the attempted attachment of assets of a foreign government, and litigation under the False Claims Act. He has litigated cases in a broad range of areas, including intercollegiate athletics, medical equipment, longshore labor, public utilities, international shipping, and aftermarket auto parts.

Prior to joining Cohen & Gresser, Ron was a Partner in Cozen O’Connor’s Washington, D.C. office. Ron received his law degree from the Georgetown University Law Center and earned his Bachelor of Arts degree from Cornell University.

Ron is actively involved in the ABA Antitrust Law Section and currently serves in its leadership. He has been recognized in The Legal 500’s antitrust category and has been named one of Washington, D.C.’s Super Lawyers each year since 2017. Ron has also been recognized by Lawdragon in the publication’s 2023 and 2024 lists of 500 Leading Litigators in America for his work in the antitrust and competition space.

Ronald F. Wick focuses his practice on litigation concerning trade regulation, antitrust, and commercial disputes. He has represented clients at the Federal Trade Commission,…

Education

Georgetown University Law Center (J.D., 1992); Cornell University (A.B., 1986)

Bar Admissions

District of Columbia; State of Maryland; U.S. District Court for the District of Columbia, District of Maryland, Eastern District of Michigan, and Eastern District of Wisconsin; U.S. Court of Appeals for the District of Columbia, Fourth, Eighth, and Ninth Circuits

Activities and Affiliations

Vice Chair, American Bar Association (Antitrust Section, Antitrust and Consumer Protection Law Daily Digest Committee)

Antitrust Litigation

Obtained jury verdict and affirmance on appeal for aftermarket auto parts retailer against allegations that it unlawfully induced discriminatory pricing in violation of the Robinson-Patman Act.

Obtained dismissal of antitrust complaint against a multi-employer collective bargaining association alleging that collective bargaining agreement unlawfully excluded nonsignatories from the market, including dismissal of allegations pending against co-defendant for more than two years before joinder of client.

Obtained summary judgment and affirmance on appeal on behalf of a Puerto Rican newspaper and its subsidiary in a lawsuit that alleged an unlawful tying arrangement involving advertising and commercial printing markets.

Defended airline in an antitrust class action brought by travel agents alleging conspiracy to fix travel agent commissions.

Obtained summary judgment and affirmance on appeal for major auto glass manufacturer against competitor’s allegations of a conspiracy to control the auto glass market and exclude competition.

Represented an asphalt manufacturer in a lawsuit against two competing road paving contractors that alleged bid rigging and unfair competition in violation of California antitrust and unfair competition laws as well as libel, product disparagement, and Lanham Act claims.

Obtained dismissal of trade organization from lawsuit alleging conspiracy to depress demand for aluminum worldwide.

Obtained summary judgment and affirmance on appeal for a Canadian potash producer against allegations of a price fixing conspiracy.

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Antitrust Transactions

Regularly advise clients regarding potential antitrust implications of proposed mergers and acquisitions and have filed dozens of pre-merger notifications with the FTC and DOJ under the Hart-Scott-Rodino Act, including:

  • Represented a leading producer of hybrid seed corn in acquisition by major chemical conglomerate.
  • Represented a leading manufacturer of overhead doors in acquisition by a competitor.
  • Represented a leading paper and packaging manufacturer in a DOJ nvestigation of a joint venture with a competitor.
  • Represented a leading cable television network as a third-party witness in the DOJ’s investigation of AT&T’s acquisition of MediaOne.
  • Represented a regional drugstore chain in FTC investigation of acquisition by national competitor.

Antitrust Counseling

Regularly draft and implement antitrust compliance programs and provide antitrust compliance training for companies.

Regularly provide antitrust advice to a wide variety of clients regarding distributor and resale pricing, price discrimination, bundled and discounted pricing, potential mergers and joint ventures, collaborations and communications with competitors, and other issues with antitrust implications.

Served as outside antitrust counsel and provided antitrust advice to a wide variety of trade associations in industries including vertical lift, metals, household cleaning products, financial services, concrete pavement, and residential construction.

Commercial Litigation

Obtained defense verdict at trial on behalf of a commercial asset-based lending company in a lawsuit brought by another creditor of the same law firm debtor alleging improper debt collection.

Represented an association of trade and vocational schools in a challenge to Department of Education regulations regarding federal funding for career schools.

Obtained defense verdict on behalf of a health insurance company in a lawsuit brought by a policyholder alleging improper failure to pay.

Represented an international manufacturer of transit buses in civil False Claims Act litigation regarding allegations of falsified customs records.

Represented a major metropolitan daily newspaper in a censure proceeding by a leading association of public opinion researchers, persuading it to close its investigation.

Represented industrial goods company in International Trade Commission anti-dumping proceeding regarding forklifts and other heavy industrial materials.

Defended a non-profit corporation in a lawsuit under the Colorado RICO and other state statutes regarding ownership and valuation of a golf resort.

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The Legal 500 United States 2024 edition has recognized Cohen & Gresser’s New York and Washington, D.C. offices for excellence across multiple categories, including Antitrust LitigationCorporate Investigations and White-Collar CrimeCommercial Litigation, and Securities Litigation. Testimonials included in the guide praise the firm for being a “litigation powerhouse” and for its “devotion to the needs of the clients, its creativity, and its perseverance.”

Mark Cohen is once again recognized as a Leading Partner in both Securities Litigation and Corporate Investigations & White-Collar Crime: Advice to Individuals.

The 2024 guide also recognizes Lawrence T. GresserJonathan AbernethyJason BrownS. Gale Dick, Christian EverdellJeffrey Lang, Alisa LuMelissa MaxmanDouglas PepeJohn RobertiDaniel Tabak, and Ronald Wick as recommended lawyers.

This 17th edition of The Legal 500 United States guide, which identifies the “true superstars of the profession,” involved a detailed assessment of various factors, including work conducted by law firms over the past 12 months and historically; experience and depth of teams; and client feedback.

Founded in 2002, Cohen & Gresser’s New York office serves as the firm’s headquarters. Our New York attorneys are particularly strong in complex litigation, investigations, and transactions. The firm’s Washington, D.C. office handles a range of commercial litigation and regulatory enforcement actions, with a focus on domestic and foreign antitrust issues.

Cohen & Gresser's Washington, D.C. lawyers have been recognized in the 2024 Super Lawyers guide.

Each year, Super Lawyers identifies outstanding lawyers nationwide and regionally who have attained a high degree of peer recognition and professional achievement. Only 5 percent of lawyers are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars. This latest guide recognizes 100 percent of our D.C. partners and associates.

The C&G lawyers recognized as Washington, D.C. Super Lawyers are:

The C&G lawyers recognized as Washington, D.C. Rising Stars are:

Cohen & Gresser is pleased to announce that Mark S. Cohen, Melissa H. Maxman, John Roberti, and Ronald F. Wick are included in the 2024 Lawdragon 500 Leading Litigators in America guide. Selection for the guide is based on extensive independent research focused on which lawyers and law practices have had a significant impact, with an emphasis on recent matters handled.

Recognized Lawyers

Mark S. Cohen – Commercial Litigation, including Real Estate, Antitrust, and White Collar

Melissa H. Maxman – Litigation, including White Collar and Antirust

John Roberti – Antitrust & Competition Law, including Litigation

Ronald F. Wick – Antitrust & Competition Litigation

Lawdragon is a legal media company providing news content and editorial features, including guides to the nation’s leading lawyers. This is Lawdragon’s second edition of the guide, assessing America’s top talent among those principally representing corporations and other organizations litigating claims involving antitrust, financial and securities litigation, intellectual property, commercial, M&A, cybersecurity and data privacy, and white collar and investigations.

The Legal 500 United States 2023 edition has recognized Cohen & Gresser’s New York and Washington, D.C. offices for legal excellence in Antitrust Litigation, Corporate Investigations and White-Collar Crime, Commercial Litigation, and Securities Litigation. Partner Mark Cohen received recognition as a Leading Lawyer in Securities Litigation and Corporate Investigations and White-Collar Crime: Advice to Individuals. The 2023 guide also recognized partners Lawrence T. Gresser, Jonathan Abernethy, Jason Brown, S. Gale Dick, Jeffrey Lang, Melissa Maxman, Douglas Pepe, John Roberti, Daniel Tabak, and Ronald Wick as recommended lawyers. This 16th edition of The Legal 500 United States guide involved a detailed assessment of various factors, including work conducted by law firms over the past 12 months and historically; experience and depth of teams; and client feedback. The guide highlights C&G’s “widespread global footprint” as being “crucial on multifaceted disputes work.” It praises the firm’s “ability to handle high-end and top-of-the-line cases” and “strength in bet-the-company litigation, contract disputes, fraud, and the financial services sector.” Founded in 2002, Cohen & Gresser’s New York office serves as the firm’s headquarters. Our New York attorneys are particularly strong in securities litigation and arbitration, international arbitration, regulatory investigations, patent litigation, and M&A transactions. The firm’s Washington, D .C. office handles a range of commercial litigation and regulatory enforcement actions, with a focus on domestic and foreign antitrust issues.
International law firm Cohen & Gresser is pleased to announce that Mark S. Cohen, Melissa H. Maxman, John Roberti, and Ronald F. Wick have been recognized in Lawdragon’s inaugural 500 Leading Litigators in America 2023 guide. Selection for the guide is based on independent research focused on recent cases and verdicts or settlements, as well as attorney excellence in trials.

Recognized Lawyers

Mark S. Cohen – Commercial Litigation, including Real Estate, Antitrust, and White Collar

Melissa H. Maxman – Litigation, including White Collar and Antirust

John Roberti – Antitrust & Competition Law, including Litigation

Ronald F. Wick – Antitrust & Competition Litigation

Lawdragon is a legal media company providing news content and editorial features, including guides to the nation’s leading lawyers. This is Lawdragon’s first guide dedicated to attorneys principally representing corporations and other organizations in litigating claims involving Antitrust, Securities, Financial, M&A, Intellectual Property and Patents, Product Liability, Mass Tort, White Collar, Government Investigations, and Energy disputes.

International law firm Cohen & Gresser is pleased to announce that three Washington D.C.-based lawyers, Melissa Maxman, John Roberti, and Ron Wick, have been named to leadership positions for the American Bar Association’s Antitrust Law Section for 2022-2023. The American Bar Association’s Antitrust Section is the world's leading community of competition, consumer protection, and data privacy professionals.

Melissa Maxman serves as the Co-Chair of the Exemptions and Immunities Committee, which addresses judicially created immunities and serves as a resource for information on the scope of antitrust laws. She also serves as a Vice Chair for the Podcast Programming Committee, where she serves as a frequent host of the ABA’s Antitrust Law Section’s podcast, Our Curious Amalgam.

John Roberti is serving as the Technology Officer for the ABA’s Antitrust Law Section. As one of 15 Section officers, John serves on the Antitrust Section’s cabinet and is responsible for integrating technology solutions into the mission of the Section.

Ron Wick is Vice Chair of the Antitrust-Consumer Protection Law Daily Digest Committee, which publishes a daily compendium of antitrust and consumer protection news from around the world to keep the Section's membership apprised of development and analysis in their field.

About Cohen & Gresser: Cohen & Gresser is an international law firm with offices in New York, Paris, Washington, DC, and London. We have an outstanding record of success in high-stakes and high-profile litigation, investigations, and transactional work for our clients, including major financial institutions and companies across the world. Our attorneys have superb credentials, and are committed to providing the efficiency and personal service of a boutique law firm along with the quality and attention to detail that are the hallmarks of the best firms in the world. The firm has been recognized in a wide range of publications, including Chambers and The Legal 500.

International law firm Cohen & Gresser has been recognized in The Legal 500 United States 2022 guide for “bringing excitement and innovation to the practice of law.” The 2022 guide recognizes more C&G lawyers and practice areas than ever before, including a 58% increase in individual attorney recommendations and new rankings at the practice and “Leading Lawyer” levels.

The guide highlights C&G’s “elite group of practitioners” and use of advanced machine learning techniques and notes that the firm “handle[s] cases that are every bit as complex and challenging as big, national law firms.” Commentators noted that the firm “punches way above its weight” in litigation and investigation matters.

C&G Co-Founder Mark S Cohen is one of only two lawyers in the United States to be recognized as a “Leading Lawyer” in both Securities Litigation: Defense and Corporate Investigations and White-Collar Criminal Defense. Commentary from The Legal 500 recognizes Mark as a “top-tier advocate” who is “at the top of the profession” and “can litigate with the best of them.”

For the first time, C&G’s Antitrust practice has been recognized in Antitrust: Civil Litigation/Class Actions: Defense for its handling of class action cases concerning allegations of cartel behavior, monopolization, and other exclusionary conducts. The Legal 500 cites the leadership of Melissa H Maxman and the addition of “heavyweight” lawyer John Roberti as key reasons for the practice’s recognition.

C&G is again recognized in the Advice to Individuals and Advice to Corporates categories of the Corporate Investigations and White-Collar Criminal Defense section. The Legal 500 commentary notes that the practice is led by “partners with deep experience who obtain excellent results for clients” and is “well placed to handle transatlantic cases” with offices in New York, Paris, and London, and has “particular expertise in financial crime, antitrust enforcement, public corruption, and tax issues.”

The guide has also recognized C&G once again in the General Commercial Disputes category, praising the practice for showing the “discipline and focus necessary to win a case.” Testimonials from the guide highlight the team’s ability to “handle large and complex matters” with “experienced people, good judgment,” and “better use of technology.”

For the 10th consecutive year, C&G has been recognized in the Securities Litigation: Defense category for the firm’s “expertise in the financial services sector” and “recognized trial expertise” in cross-border and domestic securities litigation and enforcement proceedings. The Legal 500 emphasizes the team’s “strong practitioners” and “attentiveness to clients” in the 2022 guide.

Recognized Practices:

  • Antitrust: Civil Litigation/Class Actions: Defense
  • Corporate Investigations and White-Collar Criminal Defense: Advice to Individuals
  • Corporate Investigations and White-Collar Criminal Defense: Advice to Corporates
  • General Commercial Disputes
  • Securities Litigation: Defense
Recognized Individuals:

Antitrust: Civil Litigation/Class Actions: Defense

  • Melissa H Maxman
  • John Roberti
  • Ronald F Wick
Corporate Investigations and White-Collar Criminal Defense

  • Jonathan S Abernethy
  • Jason Brown
  • Mark S Cohen
  • S Gale Dick
  • Jeffrey I Lang
  • Melissa H Maxman
  • Reggie Schafer
General Commercial Disputes

  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
  • Melissa H Maxman
  • Daniel H Tabak
Securities Litigation: Defense

  • Jonathan S Abernethy
  • Mark S Cohen
  • S Gale Dick
  • Lawrence T Gresser
About The Legal 500:

The Legal 500 analyzes the capabilities of law firms across the world. Its rankings “highlight the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel.”

Mergers & Acquisitions magazine announced that its 2022 Deal of the Year is global investment firm Francisco Partners’ acquisition of Trading Screen and Imagine Software within a 14-day period in the spring of 2021. Cohen & Gresser represented Imagine Software, a global portfolio risk management technology company, in the deal.

Francisco Partners, which specializes in partnering with technology and technology-enabled businesses, soon after merged the two acquired entities to create TS Imagine, a dynamic end-to-end trading and portfolio management software platform that is now used by 500 financial institutions worldwide. In awarding the “Deal of the Year” distinction, the magazine praised the deal’s formation of a “singular company poised for growth across both the buy and sell-side.”

The C&G team representing Imagine Software included Lawrence T GresserKwaku AndohKaren H BrombergBonnie J RoeNicholas J KaiserRonald F WickAlexandra K Theobald, and Drew S Dean. Learn more about the deal in Francisco Partners’ press release and C&G’s news alert.

Mergers & Acquisitions, founded in 1965, is the oldest trade brand for the dealmaker community and is where private equity professionals, strategic acquirers and advisors turn for news, analysis, data and community around deals and dealmakers.

International law firm Cohen & Gresser represented Sierra Space Corporation, a commercial space company that is building and delivering the infrastructure and systems required for the future of space travel, in its record-breaking $1.4 billion Series A financing round. The private funding round represents the largest aerospace and defense capital raise in the world in 2021 and the second-largest private capital raise of all time in the aerospace and defense sector. Leading global investors including General Atlantic, Coatue, and Moore Strategic Ventures, along with private equity funds managed by firms including Black Rock and AE Industrial Partners and various family offices, all participated in the transaction. Cohen & Gresser served as counsel to our client Sierra Space on all aspects of the transaction. “We are proud of the opportunity to assist Sierra Space in this groundbreaking transaction to support the future of space travel,” said Jeffrey M. Bronheim, lead partner on the engagement for Cohen & Gresser. The Cohen & Gresser team was led by Jeffrey M. Bronheim, Bonnie J. Roe, and Daniel H. Mathias, with assistance from associates Winnifred A Lewis and Georgia Moorhouse. C&G partners Nicholas J. Kaiser (tax), Ronald F. Wick (antitrust), and David F. Lisner (litigation) provided additional support. Read Sierra Space Corporation’s press release here.
Reuters covered the recent summary judgment by the New York Supreme Court to dismiss allegations brought against Goldman Sachs & Co. LLC and two other Wall Street banks in a case alleging a boycott in violation of the Donnelly Act, New York’s antitrust statute.

Cohen & Gresser is pleased to announce that 37 of the firm's New York and Washington D.C.­based attorneys have been named to the 2021 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.

Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in each state are selected as Super Lawyers, and only 2.5 percent are selected as Rising Stars.

Super Lawyers

Jonathan S Abernethy: Criminal Defense: White Collar

Kwaku Andoh: Mergers & Acquisitions

Elizabeth Bernhardt: Business Litigation

Thomas E Bezanson: Personal Injury – Products: Defense

Colin C Bridge: Criminal Defense: White Collar

Karen H Bromberg: Intellectual Property

Jason Brown: Criminal Defense: White Collar

Joanna K Chan: Securities Litigation

Mark S Cohen: Business Litigation

S Gale Dick: Business Litigation

Christian R Everdell: Criminal Defense: White Collar

Lawrence T Gresser: Business Litigation

Oliver S Haker: Business Litigation

Johannes Jonas: Mergers & Acquisitions

Nicholas J Kaiser: Real Estate

Jeffrey I. Lang: Business Litigation

Melissa H Maxman: Antitrust Litigation

Ellen Paltiel: General Litigation

Nathaniel P T Read: Business Litigation

Bonnie J Roe: Securities & Corporate Finance

Stephen M Sinaiko: Business Litigation

C Evan Stewart: Securities Litigation

Daniel H Tabak: Business Litigation

Scott D Thomson: Business Litigation

Alexandra Wald: Business Litigation

Ronald F Wick: Antitrust Litigation

Rising Stars

Luke Appling: Civil Litigation

Sharon L Barbour: Criminal Defense: White Collar

Drew S Dean: General Litigation

William Kalema: Business Litigation

Sri Kuehnlenz: Civil Litigation

Winnifred A Lewis: Securities Litigation

Marvin J Lowenthal: Criminal Defense: White Collar

Barbara K Luse: Criminal Defense: White Collar

Matthew V Povolny: Business Litigation

Benjamin Zhu: Criminal Defense: White Collar

Cohen & Gresser represented Imagine Software, a leading global portfolio risk management technology company, in its sale to Francisco Partners, a global investment firm that specializes in partnering with technology and technology-enabled businesses. Francisco Partners has announced that it will combine Imagine Software with the recently acquired TradingScreen to form TS Imagine – a new dynamic end-to-end trading and portfolio management software platform that will be one of the most robust SaaS cloud-based software platforms in capital markets and investment management. The combined company will offer integrated and complete front office solutions, complementary product capabilities, best-in-class technology, global geographic coverage, and deep expertise to investment firms and financial institutions around the world. The C&G team representing Imagine Software in its sale to Francisco Partners included Lawrence T Gresser, Kwaku Andoh, Karen H Bromberg, Bonnie J Roe, Nicholas J Kaiser, Ronald F Wick, Alexandra K Theobald, and Drew S Dean. Learn more about the deal in Francisco Partners’ press release.
Cohen & Gresser is pleased to announce that 35 of the firm's New York and Washington D.C.­based attorneys have been named to the 2020 Super Lawyers List across a wide range of practice areas. C&G co-­founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak have also been named to the Super Lawyers list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg has been recognized as one of the top 50 women lawyers in the New York metropolitan area.
A D.C.-based C&G team comprised of Melissa H Maxman, Ronald F Wick, and Erica Lai helped secure a victory in the U.S. Supreme Court’s landmark ruling that all workers are protected under Title VII of the 1964 Civil Rights Act regardless of gender identity or sexual orientation.
We are pleased to announce that 33 of our New York and Washington D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founder Mark S Cohen and partners Jonathan S Abernethy and Daniel H Tabak to its list of the top 100 lawyers in the New York metropolitan area, and partner Karen H Bromberg to its list of the top 50 women lawyers in the New York metropolitan area.
We are pleased to announce that thirty of our New York and Washington, D.C.-based C&G attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also selected C&G co-founders Mark S Cohen and Lawrence T Gresser to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald as two of its top 50 women lawyers in New York. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
Cohen & Gresser helped achieve a precedent-setting ruling in the U.S. Court of Appeals for the Third Circuit in Jerry Reeves v. Fayette SCI, et al. (No. 17-1043), that clears the way for wrongfully convicted defendants to seek federal habeas relief where their trial counsel failed to present credible evidence of their actual innocence. There is a split among federal circuit courts over what type of “new evidence” of actual innocence is required before courts can consider the merits of untimely habeas corpus petitions that allege constitutional violations.  Some circuits consider evidence only if it is newly discovered after trial, while others permit evidence available at the time of the trial that defense counsel failed to present. The Third Circuit had not weighed in on the issue. Cohen & Gresser filed a pro bono amici curiae brief on behalf of the Innocence Network and the Innocence Project of Pennsylvania urging the Third Circuit to adopt the broader newly presented standard, because the narrower newly discovered evidence standard would cut off a pathway to exoneration for innocent individuals whose attorneys failed to present exculpatory evidence at trial. In a precedential decision on July 23, 2018, the Third Circuit agreed, vacating the denial of Mr. Reeves’ habeas petition and instructing the district court on remand to consider his newly presented exculpatory evidence.
Twenty-eight of our New York and Washington D.C.-based Cohen & Gresser attorneys have been recognized by Super Lawyers this year across a wide range of practice areas. Super Lawyers also named C&G co-founding partner Mark S Cohen to its list of the top 100 lawyers in the New York metropolitan area, and partners Karen H Bromberg and Alexandra Wald to its top 50 women lawyers in New York list. Super Lawyers ranks outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Fewer than five percent of all lawyers in the U.S. receive this honor.
The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry consolidation and collusive behavior.

According to the DOJ announcement released on May 9, 2024, the Task Force on Health Care Monopolies and Collusion (“HCMC”) will consider “widespread competition concerns shared by patients, health care professionals, businesses and entrepreneurs.” Issues to be addressed include payer-provider consolidation, serial acquisitions, labor and quality of care, medical billing, health care information technology services, and access to and use of health care data. The task force will include both civil and criminal enforcement attorneys, as well as economists, industry experts, technologists, data scientists, investigators, and policy advisors from across the Antitrust Division’s sections and offices.

The announcement of the HCMC is unsurprising in many respects. The health care industry has long been a major target of antitrust enforcement, and the Biden DOJ has previously signaled its continued focus on health care competition. In December 2022, the Antitrust Division entered into a formal collaboration with the Office of the Inspector General of the Department of Health and Human Services aimed at preventing collusion and promoting competition in health care markets. And just last month, the Antitrust Division launched an online portal for the public to report potentially anticompetitive health care practices.

Moreover, there is precedent for efforts to consolidate antitrust enforcement expertise in complex industries. Last week’s announcement is reminiscent of the Federal Trade Commission’s 2019 formation of a task force focused on competition in technology markets. Notably, like that task force, the HCMC appears to be drawing on the agency’s current resources rather than hiring additional staff, suggesting that the Antitrust Division’s focus is on more efficient, and not necessarily broader, enforcement.

In a National Law Journal article about the HCMC, Melissa H. Maxman, Washington DC Office Managing Partner, was quoted as noting that there are smaller health care companies that will be relieved to be examined under an enforcement approach that is targeted at their specific factual situations. “Task forces sometimes can be inefficient,” she added, “[b]ut if ever there were a need for one, it would be in health care competition.” While the impact of the HCMC remains to be seen, the Antitrust Division’s approach has the potential to facilitate a better informed and more comprehensive analysis of a market that poses unique regulatory and enforcement challenges.

The Cohen & Gresser antitrust team has extensive experience representing businesses in the health care industry, including physicians, pharmacies, and manufacturers. If you have any questions about potential areas of focus for the HCMC, please contact either of the authors of this article.

Last month, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the Agencies) released the 2023 Merger Guidelines. The Guidelines are the latest iteration of a guidance document published by the Agencies since 1968, which has been revised numerous times over the years.

In this C&G Client Alert, Ronald Wick, John Roberti, and Derek Jackson write that the newest Guidelines articulate a more comprehensive and aggressive approach to merger enforcement than contemplated in recent iterations, and explore the most significant changes.

On June 27, the Federal Trade Commission announced that it is proposing changes to its premerger filing requirements under the Hart-Scott-Rodino Act. The proposed changes, which would increase the volume of information required from parties submitting an initial HSR filing, have generated a range of reactions regarding their likely impact. In this client alert, Ronald F. Wick, Melissa Maxman, John Roberti, and Alisa Lu examine the FTC’s proposal and its potential effect on the premerger review process.
The United States Federal Trade Commission and the Department of Justice recently took actions that signal their intent to increase antitrust enforcement, particularly in the private equity sector.

  • Last month, the FTC released a new policy statement noting its broadened view of the scope of its power under Section 5 of the FTC Act, signaling that it may find certain private equity rollups violate its interpretation.
  • The FTC policy statement came on the heels of a DOJ announcement that it would be increasing the enforcement of Section 8 of the Clayton Act.
  • These developments underscore the need for private equity companies to take particular care in observing U.S. competition laws, as there will be greater scrutiny of private equity firms.

In this client alert, Melissa Maxman, Ronald Wick, and Alisa Lu analyze what these actions mean for the future of antitrust enforcement in the private equity sector and provide insight into how PE firms can prepare themselves for continued additional scrutiny.

Twice in the past month, the Federal Trade Commission (FTC) unanimously announced consent decrees that are a strong signal of the current Commission’s intent to investigate private equity transactions aggressively.

  • The consent decrees allow the private equity fund JAB Consumer Partners SCA SICAR's National Veterinary Associates to close two recent deals with some divestitures but also impose a series of strict prior notice requirements that are unprecedented in their breadth.
  • The announcements come a month after the confirmation of a fifth commissioner that gave the Democrats a 3-2 majority on the FTC.
  • As long as Democrats control the majority, private equity firms should be prepared for additional scrutiny and be cognizant of other competition issues that may impact them.
In this client alert, John Roberti, Melissa Maxman, Ronald Wick, David Lisner, and Derek Jackson discuss the potential implications of these rulings for private equity firms and offer insight into how PE firms can be more cognizant of competition and antitrust compliance issues that may pose a potential risk moving forward.  

The Department of Justice’s Antitrust Division is unlikely to be deterred by last week’s trial setbacks.
  • Juries acquitted two sets of defendants of antitrust claims involving labor markets.
  • The Antitrust Division will continue to pursue labor cases and has three more trials pending.
  • The Division is willing to accept some losses in trials as a cost of taking a more aggressive enforcement position.
In this client alert, the authors summarize the recent setbacks, discuss the Division’s labor initiative, and conclude that more aggressive enforcement is on its way.

In this C&G Client Alert, Melissa H Maxman, Ronald F Wick, Erica Lai, and Danielle Morello discuss the U.S. Department of Justice's (DOJ) announcement that it will now consider crediting companies for “robust” compliance programs at the charging stage of criminal antitrust investigations. This signals a reversal of the DOJ’s longstanding policy of allowing substantial penalty reductions only for “early-in” whistleblowers.

Ronald F Wick discusses the implications of the Federal Trade Commission's plan to create a new task force focused on monitoring competition in U.S. technology markets in his latest C&G Client Alert

Melissa H Maxman and Ronald F Wick examine the impact of the Leegin Creative Leather Products Inc. v PSKS Inc. ruling a decade after the decision.

In an upcoming program for Lawline, Melissa H Maxman and Ronald F Wick explore NCAA v. Alston, the first comprehensive case addressing the NCAA's scope of authority in more than 35 years.

In June of 2021, the Supreme Court of the United States unanimously held that the National Collegiate Athletic Association ("NCAA") has violated the Sherman Act with its rules limiting the amount of education-related compensation colleges and universities can provide to student-athletes. However, the Court did not define what constitutes education-related compensation, and the NCAA still has the ability to define the outer boundaries of that term.

This webinar will consider NCAA v. Alston as it relates to the Sherman Act and the implications the Court's decision will have.

Ron Wick moderated this second installment in the Civil Practice & Procedure Committee's Class Action Series, which offered insights into best practices in presenting and rebutting economic evidence, including retaining and working with experts; tactical considerations and evidentiary issues unique to class actions; and the impact of the Supreme Court's most recent class certification decisions on antitrust class actions.