Litigation – We represent our clients in federal and state courts, complex multiparty litigation, class actions and multidistrict consolidated cases and in both private and public antitrust cases. We have been involved in the multiparty defense of several indirect purchaser class action cases and in other major antitrust litigation involving improper assertion of copyright and patent rights and monopolization of downstream service markets.
Parker Poe attorneys have tried dozens of cases ranging from intellectual property and consumer protection matters, to defending and enforcing covenants not to compete, defamation, Lanham Act, and trade secrets matters. Our team won a $15 million award in the North Carolina Business Court for misappropriation of trade secrets and unfair competition, and has defended clients in litigation brought by private parties, state attorneys general and the FTC.
Defense of federal and state antitrust investigations and cases – We routinely handle civil and criminal matters, including responding to civil investigative demands and grand jury subpoenas, representing both corporate and individual clients in civil and criminal investigations and in lawsuits brought by national and state enforcement agencies. We regularly participate in the administrative trials in Federal Trade Commission (FTC) matters and in their subsequent judicial review. Some of our cases have involved antitrust exemptions, such as the state action doctrine, the McCarran-Ferguson Act, the Noerr-Pennington doctrine and the filed tariff doctrine.
Alternative Dispute Resolution – We have extensive experience with the alternative dispute resolution techniques of arbitration, mediation and summary jury trials. Our lawyers served on the task forces and committees charged with developing ADR methods and rules for use in North Carolina. Parker Poe was the first firm to participate in a summary jury trial in court in North Carolina and we continue to champion ADR when it best serves our clients and their needs.
Mergers & Acquisitions – Our firm has broad experience with pre-merger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, including the pursuit – and resolution – of merger and acquisition matters both at the Antitrust Division and at the FTC.
International – We represent export trading companies, foreign-based companies and individuals responding to U.S. antitrust investigations and litigation, as well as counseling domestic firms facing or considering claims in foreign jurisdictions, particularly in the European Union (EU) and its member states, including representing clients in connection with mergers and acquisitions subject to EU review.
Intellectual Property – Parker Poe attorneys handle a wide variety of intellectual property cases, and recently won a $1.7 dollar verdict in a jury case involving false advertising claims. We handled one of the state’s landmark decisions on trade secret misappropriation involving claims of corporate raiding. We frequently assist clients in litigation involving claims of trademark, copyright and patent infringement as both lead and local counsel.
Consumer protection, advertising, business torts and covenants not to compete – We routinely handle matters relating to consumer protection, business torts, including fraud, defamation, covenants not to compete, advertising, the Lanham Act, North Carolina Unfair and Deceptive Trade Practices Act, various state trade secrets acts and confidentiality agreements. These matters have arisen in litigation brought by private parties, state attorneys general and the FTC.
Appeals – We have a long history of representing clients in appeals in the United States Courts of Appeals and in state appellate courts.
Counseling – While litigation is what we are often recognized for, sound and creative counseling in partnership with clients is the first line of defense. We help our clients realize their commercial objectives while navigating and maintaining state, national or international antitrust standards. We counsel and advise clients on:
- Manufacturing/production activities at the wholesale and retail levels on a wide variety of distribution issues involving both price and non-price questions
- Trade association formation and management
- Formation and combination of practice groups, pricing practices as affected by levels of integration, most favored nations clauses, Certificate of Need issues and related matters involving physician groups, hospitals and other medical entities
- Application of antitrust and trade regulation standards in telecommunications, biotechnology, pharmaceuticals and other high technology markets, as well as traditional industries such as manufacturing, transportation and insurance designing effective antitrust compliance programs, performing antitrust audits and presenting programs to help our clients and their employees understand how antitrust and competition issues affect their work and your business.