The players are lined up and ready for action in the Federal Trade Commission's monopolization lawsuit against Intel Corp.
Administrative Law Judge D. Michael Chappell issued a scheduling order on Jan. 14 (published yesterday on the FTC's website), setting a trial date of Sept. 15, 2010 - and listing lawyers working on the case.
The FTC on Dec. 16 charged Intel with using its dominant market position to illegally stifle competition in violation of Section 5 of the FTC Act.
According to the order, Intel has retained lawyers from Wilmer Cutler Pickering Hale and Dorr; Gibson, Dunn & Crutcher; and Howrey. Both the Gibson Dunn and Howrey lawyers represented Intel in the antitrust suit filed in 2005 by Advanced Micro Devices, but the Wilmer team is a new addition.
Listed first as counsel for Intel is Wilmer partner James Burling. Based in Boston but a frequent presence in Washington, he’s served as chair of Hale and Dorr’s (pre-merger) executive committee, litigation department and antitrust group. According to his firm bio, he “concentrates in antitrust litigation and merger clearance for high technology clients.”
D.C. partner Eric Mahr is also on the team. He worked in the firm’s Belgium office from 1999 to 2003, and while his focus is on antitrust and competition, he’s handled a wide variety of civil litigation. Prior to joining the firm in 1999, he spent five years as a trial attorney in the Justice Department’s Civil Division.
Wilmer counsel Wendy Terry is working on the case as well.
Wilmer partner Leon Greenfield has also filed documents with the FTC on behalf of Intel.
At Gibson Dunn & Crutcher, Los Angeles-based partner Robert Cooper continues to represent Intel. He was counsel for Intel in the AMD case, which settled on November 12, 2009 when Intel agreed to pay AMD $1.25 billion.
Antitrust partner Joseph Kattan, who is based in Washington, represented Intel the first time the FTC brought charges against the company in 1998. The FTC charged that Intel violated Section 5 of the FTC Act (sound familiar?) by engaging in unlawful monopolization. The case settled in 1999.
Kattan recently represented Intel in its flash memory joint venture with STMicroelectronics and also worked on the AMD case.
In addition, Daniel Floyd, who co-chairs the firm’s litigation department in Los Angeles, has been retained by Intel. He too was part of the team in the AMD case.
Intel has also hired Howrey partner Darren Bernard, another AMD veteran. Bernard’s practice focuses on advising clients on antitrust matters including alleged conspiracies, vertical restraints, exclusive dealing arrangements, and monopolization.
Howrey partner Thomas Dillickrath is also representing Intel after his work on the AMD case. He specializes in antitrust litigation involving high-tech and telecommunications industries.
Heading the FTC’s team is J. Robert (“Robbie”) Robertson, a former partner at Kirkland & Ellis who joined the FTC in 2008 as chief trial counsel.
Since then, he’s worked on the Whole Foods/ Wild Oats merger case and won a district court injunction blocking the merger of CCC Holdings Inc. and Mitchell International.
Before he went to law school (JD 1990, University of Chicago), Robertson spent 10 years as an officer in the U.S. Marine Corps.
Also on the FTC team are lawyers Kyle Andeer, Thomas Brock, Melanie Sabo, and Teresa Martin.
In addition, notices of appearance were filed by the FTC's Sean Dillon, Peggy Bayer-Femenella, Priya Viswanath, Albert Kim, Brendan McNamara, Kent Cox, and J. Alexander Ansaldo.