Representative Transactions
- Representation of Hart-Scott-Rodino, including merger and acquisition counseling, government investigations, and preparation and filing of premerger notification forms.
- Representation of a leading warehouse club retailer in its successful efforts to end Washington State's monopoly on the sale of liquor, including issues related to drafting and qualifying for ballot two statewide initiative, and successfully defending Initiative 1183 against lawsuits challenging its constitutionality.
- Representation of Korean-based flat panel display manufacturer in price fixing claims brought by Washington State Attorney General's Office. Argued successful motion to dismiss claim for lack of personal jurisdiction, which is now being appealed by the State.
- Represented leading Yakima cardiac hospital in litigation with its cross-town rival over angioplasty services, including summary judgment dismissal of certificate of need litigation and of federal court claim challenging constitutionality of state regulations under dormant commerce clause.
- Investigation by Washington State Attorney General’s Office into allegations of price fixing by Seattle convention hotels, resulting in a consent decree settlement.
- Investigation by U.S. Justice Department’s Antitrust Division and Washington State Attorney General’s Office into multibillion dollar merger of two Japanese fishing companies resulting in consent decree benefiting local fishing companies.
- Representation of world’s largest door and window manufacturer on national and international competition issues, including: (a) acquisition of Europe’s largest door company; (b) challenge to vertical merger of two leading competitors; (c) criminal grand jury investigation by the Antitrust Division of price fixing in residential door industry; (d) defense against civil class action lawsuits alleging price fixing in residential door industry; (e) leniency pleas to European Commission and French Competition Council for cartel activity by foreign subsidiary resulting in first grant of antitrust leniency under French law; (f) civil price fixing litigation against world-wide glass cartel resulting in significant settlement for client.
- Investigation by FTC’s Seattle Regional Office of proposed merger of world’s two leading abrasive waterjet manufacturers resulting in a consent decree allowing transaction to proceed.
- Representation of a leading Seattle-based investor and related entities on mergers and other issues, including: several dozen acquisitions (from small startups to billion dollar cable companies); structure acquisitions to avoid or minimize antitrust challenges.
- Special Counsel to Antitrust Division and State Attorneys General to establish Technical Committee required by the Federal Court to oversee the Microsoft Consent Decree.
Representative Transactions - Health Care
- A national for profit hospital system in acquisition of hospitals in Yakima and Toppenish. This was the first transaction reviewed under the Hospital Conversion Statute, and attracted national attention, and opposition, from groups such as Consumers Union.
- A national for profit hospital system on antitrust and other issues related to separation of a joined medical staff.
- A Seattle-area medical Center in certificate of need application for construction of new hospital tower, the largest capital project in the history of the hospital system. Successfully defended the Department of Health’s decision against appeal from a coalition of union groups.
- Issues related to the purchase of Deaconess and Valley hospitals by Community Health Systems.
- Two Washington hospitals on certificate of need appeals.
- A leading West Coast hospital system in a challenge brought by SEIU to financing before Hospital Facilities Authority.