Major League Baseball • 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.
We defended Qualcomm at trial against the FTC’s claims that it had failed to license its standard-essential patents at fair, reasonable and nondiscriminatory royalty rates and that Qualcomm had engaged in exclusionary conduct that increased its competitors’ costs and reduced their ability to innovate. We won an appeal before the Ninth Circuit that reversed and vacated the district court’s injunction.
We defended Qualcomm against antitrust claims made by a putative class of 250 million cellphone users (one of the largest class actions ever) alleging that Qualcomm had inflated mobile device prices through its standard-essential patent licensing practices. The Ninth Circuit granted a petition for interlocutory review of the court’s class certification order, and ultimately overturned certification, ruling that the district court erred in its choice of law analysis and found that differences in state antitrust laws preclude the uniform application of California’s Cartwright Act to antitrust actions filed by consumers nationwide. On remand, we eliminated the remaining claims via subsequent motions to dismiss and summary judgment, resulting in a complete victory for Qualcomm.
We represented Black Knight in a lawsuit brought by the Federal Trade Commission attempting to block Intercontinental Exchange’s acquisition of Black Knight as allegedly anticompetitive. Intercontinental Exchange (the parent company of the New York Stock Exchange) entered into an agreement to acquire Black Knight, which provides software, data and analytics to the real estate and housing finance markets, for $13.1 billion. Following certain divestiture agreements, we convinced the FTC to drop its suit and allow the merger to proceed.
We represented the PGA TOUR in an antitrust lawsuit filed by 11 professional golfers who left the PGA TOUR and joined LIV Golf. We defeated plaintiffs’ motion for a temporary restraining order seeking to force the PGA TOUR to allow them to play in the FedExCup Playoffs. We also won a motion to compel subpoena compliance from Saudi Arabia’s Public Investment Fund, overcoming their assertion of sovereign immunity—a groundbreaking victory with far-reaching implications for the Kingdom of Saudi Arabia. In response, LIV dismissed the case to pursue a merger.
We represented Commercial Real Estate Exchange, Inc. (CREXi), a fast-growing online commercial real estate marketplace, in competitor litigation against industry giant CoStar. After CoStar filed a complaint against CREXi alleging copyright violations, we asserted antitrust counterclaims–—supported on appeal by the FTC—alleging that CoStar is an unlawful monopolist. We convinced the Ninth Circuit to reverse its dismissal of our antitrust claims in a unanimous, published opinion.
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 MLB’s century-old exemption from antitrust regulation as guaranteed by the U.S. Supreme Court in Federal Baseball Club of Baltimore v. National League of Professional Baseball Clubs. 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 successfully defended Major League Baseball, its Commissioner and 30 Baseball Clubs from a putative class action. The plaintiffs, former minor league players, alleged that minor league baseball’s labor system violates federal antitrust law. We convinced the court to dismiss the complaint because Baseball’s antitrust exemption bars plaintiffs’ claims.
We successfully defended a putative class action brought by minor league players to challenge Major League Baseball’s long-standing exemption from antitrust laws. We won a motion to dismiss the case, an alleged wage-fixing antitrust action, which was upheld by the First U.S. Circuit Court of Appeals. The U.S. Supreme Court declined review.
At the pleading stage, we successfully defeated a putative class action filed against Major League Baseball, its current and former Commissioners, and all 30 Baseball Clubs. The plaintiffs, two former baseball scouts, claimed that defendants had violated federal and state antitrust law by allegedly conspiring to decrease competition in the labor market for scouts. By convincing the court that the employment of baseball scouts falls within the scope of Baseball’s antitrust exemption, we successfully obtained a complete dismissal.
We negotiated a settlement for Sutter Health with the California Attorney General’s Office, in a suit that alleged Sutter exploited its size and reach to extract “illegally inflated prices” from insurers, employers, and patients.
We led a defense group including Google, Apple, Adobe, Intel, Lucasfilm, and Pixar and negotiated a settlement in an antitrust class action regarding claims by 64,000 workers against the companies for alleged “no-cold-call” agreements that allegedly restrained the recruitment of high-tech employees.
Following on the heels of In re: High-Tech Employee Antitrust Litigation, a class of animation workers filed a separate antitrust class action against Disney, Pixar, Lucasfilm, DreamWorks, Sony Pictures, Blue Sky Studios, and others related to no-cold-call agreements among animation studios. We represented Disney, Pixar, Lucasfilm, and Dreamworks. That case also ended in a settlement with the certified class.
We represented various Honda entities in a multi-forum federal and state litigation involving an alleged conspiracy among automakers to restrict the gray-market export of new cars from Canada to the United States. A class was initially certified in the lead federal multi-district case, but we successfully persuaded the First Circuit to vacate the certification and impose a stringent standard barring the certification of a class with uninjured members. The federal court then granted summary judgment in defendants’ favor, ruling that plaintiffs could not prove that the alleged conspiracy caused harm to the entire class. After that, the focus shifted to the consolidated California state case, where we won summary judgment on the merits, persuading the court that there were no facts that could support a conclusion that either Honda entity had conspired with any other defendant.
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 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 defended the former CEO of Bumble Bee Foods in a five-week jury trial in the Northern District of California against charges that he conspired to fix prices of canned tuna sold in the United States.
A federal judge has dismissed a proposed class action targeting Major League Baseball, the NFL, the NBA, and sports gear retailer Fanatics over alleged anticompetitive trading card pricing, Law360 reported. Keker, Van Nest & Peters represented MLB in the case. Read more
The Pac-12 Conference, represented by Keker, Van Nest & Peters, and the Mountain West Conference have reached an agreement in principle to resolve federal litigation over $55 million in “poaching” fees tied to the departure of five Mountain West schools to the Pac-12, Law360 and The Daily Journal reported. Read more
Keker, Van Nest & Peters won an appeal on Monday with the U.S. Court of Appeals reviving most of client Crexi’s antitrust counterclaims against industry rival CoStar in a unanimous opinion. Read more
Longtime California trial staple Keker Van Nest & Peters LLP found success for a wide range of clients this year, winning a nationwide injunction against a presidential executive order, defending Arista Networks in a groundbreaking copyright suit and resolving a feud between two prominent San Francisco philanthropists. Read more
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 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
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
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. Read more
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's article discusses recent developments in competition and antitrust law. Read more