Major League Baseball Players Association • Google Inc. • Visa Inc • American Honda Company • Electronic Arts
Keker, Van Nest & Peters’s antitrust practice is well-versed in the sensitive issues affecting civil and criminal matters. On the civil side, we defend against and prosecute individual and class action antitrust claims in federal and state court, administrative proceedings and investigations by government authorities. On the criminal side, we represent individuals and corporations facing federal and state investigations.
The city of San Jose sued our client, Major League Baseball, alleging antitrust violations and various state law claims related to the Oakland Athletics possible relocation to San Jose. The lawsuit claimed that Major League Baseball and its commissioner violated state and federal laws regarding unfair business practices and anticompetitive conduct. It also challenged the exemption to antitrust laws that the U.S. Supreme Court first upheld for Major League Baseball in 1922. We successfully moved to dismiss plaintiffs’ antitrust claims, the Ninth Circuit Court of Appeals affirmed that ruling, and we convinced the Supreme Court of the United States to decline a petition for certiorari.
We helped Google reach a settlement in this antitrust class action brought on behalf of employees of Adobe, Apple, Google, Lucasfilm, and Pixar. The case stemmed from a United States DOJ antitrust action and a civil class action of 64,000 workers against the Silicon Valley companies for alleged "no cold call” agreements which restrained the recruitment of high-tech employees.
We secured a favorable settlement for Electronic Arts Inc. (EA) in this groundbreaking antitrust and right of publicity class action. Current and former student-athletes claimed EA improperly used the athletes’ likenesses and biographical information in its NCAA Football and NCAA Basketball video games.
We defended Paramedics Plus from American Medical Response’s (AMR) claims of anticompetitive unfair business practices. After losing the competitive bidding process for Alameda County’s emergency medical services transportation contract to its much smaller rival Paramedics Plus, AMR accused our client of violating California's predatory pricing law, Business & Professions Code Section 17043, in its bid to win the 911 ambulance contract. Despite a minimal amount of precedent, we were able to preserve the statute’s intent, which is to safeguard healthy competition by protecting smaller companies from larger rivals. We received a unanimous 12-0 jury verdict in favor of our client.
We advised Lucasfilm Ltd. in an investigation by the U.S. Department of Justice and then represented Lucasfilm in a series of antitrust class actions brought by former employees of Lucasfilm, Google, Apple and Pixar. Plaintiffs alleged unlawful agreements related to hiring and employee retention. Plaintiffs and Lucasfilm reached a preliminary settlement of plaintiffs’ claims in July 2013.
We are defending one of the largest dairy producers in the country from an antitrust class action. Plaintiffs claim the dairy producers illegally conspired to raise market prices of milk, costing consumers $9.55 billion.
We defended the former owner of a California-based agribusiness company from antitrust, mail fraud and bribery charges brought by the U.S. Attorney’s Office in Sacramento. Prosecutors alleged our client violated the Sherman Antitrust Act by participating in a conspiracy to suppress and eliminate competition in the tomato processing industry by raising and fixing prices, and rigging bids for the sale of tomato paste within the U.S. We were able to negotiate a successful plea agreement.
We defended Visa USA, Inc. in one of the largest private civil antitrust matters in U.S. history. Discover sued MasterCard and Visa for alleged antitrust violations, claiming that credit card network rules affected member banks’ ability to issue American Express and Discover cards. The case settled on the eve of trial for billions less than Discover claimed. We also defended Visa in a similar action brought by American Express.
We represented Impax Laboratories, Inc. against Abbott and the French pharmaceutical company Fournier in a plaintiff-side antitrust case that alleged monopolization in a drug market. We led the trial presentation for all of the plaintiffs, and secured a settlement for Impax midway through the trial.
We defended automakers in multi-forum, antitrust litigation involving restrictions on car exports in the late 1990s and early 2000s. Plaintiffs, alleging a broad conspiracy among all major automobile manufacturers and distributors, sought damages of more than $1 billion. We won summary judgment in the lead federal litigation, in several state cases, and in the California state court class action. We also achieved early dismissal of numerous state court actions.
We represented a group of family-owned businesses in connection with the U.S. Department of Justice’s criminal investigation into alleged bid-rigging in the rubberized asphalt industry. After a number of company employees were called to testify before a grand jury, we convinced the government that their clients’ bidding practices were entirely legal. The government then closed the investigation with no charges filed.
Keker & Van Nest defeat a proposed class action accusing Major League Baseball of failing to protect spectators at ballparks with safety netting. Read more
Wyckoff -- a former scout for the Kansas City Royals -- sued Major League Baseball and all 30 clubs in the Southern District of New York. On behalf of a purported class of scouts, Wyckoff alleged that the defendants had conspired to suppress scouts’ wages and mobility. Read more
Mr. Lauridsen blends enthusiasm for sports with sophistication of sports law, tackling landmark cases involving Major League Baseball’s antitrust exemption, franchise relocations and First Amendment disputes, landing him a spot on Law360's list of top attorneys under age 40 Read more
John Keker, Adam Lauridsen and Tom Gorman score a win for Major League Baseball. Read more
John Keker and Adam Lauridsen protect Major League Baseball from a putative class action. Read more
One name mentioned by virtually everyone the Daily Journal spoke to was Keker & Van Nest. Lawyers at some of the best firms in California said they model themselves after the litigation powerhouse. Read more
A federal judge struck out San Jose's illegal-monopoly claims against Major League Baseball over a stalled Oakland A's move. Read more
The city of San Jose sued Major League Baseball in an effort to move the Oakland Athletics to the South Bay, challenging baseball’s 91-year-old antitrust exemption. Read more
The lawsuit accuses the league of violating federal laws that bar monopolies to foster business competition by blocking the Oakland A's efforts to build a new San Jose ballpark. Read more
Asim Bhansali will moderate a panel at The State Bar of California Antitrust and Unfair Competition Law Section's 22nd Annual Golden State Institute. Read more
Asim Bhansali and Sharif Jacob will lead this webinar brand and generic drug companies' in-house counsel. Read more
The firm defends the scion of a legendary California agribusiness family from accusations of racketeering, price-fixing, honest services fraud and obstruction of justice. Read more
Indicted tomato king has won the right to hire one of the sharpest legal minds – and one of the fiercest courtroom combatants – to help defend him in one of the biggest scandals to hit the U.S. food industry, writes The Sacramento Bee.
In denying prosecutors' attempt to disqualify Keker & Van Nest from representing Frederick Scott Salyer in an alleged fraud and price-fixing case, U.S. District Judge Lawrence Karlton said he believed that "the government has got nothing but altruism motivating its motion and its deep concern with fairness for Mr. Salyer. I believe that, but I also believe in the tooth fairy." Read more
The Journal of the Antitrust and Unfair Competition Law Section published Asim Bhansali's article on recent developments in competition and antitrust law. Read more
Asim Bhansali will address the future of brand-generic pharmaceutical settlements, merger guidelines in litigation; and the potential effect of conduct in standard-setting bodies. Read more
Asim Bhansali's article discusses recent developments in competition and antitrust law. Read more