Richard A. Feinstein

Partner, Boies Schiller Flexner LLP

Biography

Rich’s primary practice area is complex litigation, with a particular emphasis on antitrust matters. He frequently represents plaintiffs and defendants in private litigation, in addition to representing parties and third parties in the context of DOJ, FTC, and State Attorney General investigations and litigation. He also advises clients regarding transactions—both their own and those of others—including mergers or acquisitions that may be subject to review by federal, state, or international antitrust authorities. His experience includes both criminal and civil antitrust jury trials, and he is relied upon by clients for clear and practical guidance shaped by years of experience in antitrust enforcement and private practice.

Rich rejoined the firm in December 2013 after serving for four years as the Director of the Bureau of Competition at the Federal Trade Commission. He directed the FTC’s antitrust enforcement activity during a period when approximately 80 enforcement actions were initiated in a wide variety of industries. Major matters included, among others, two victories in the Supreme Court (involving pay-for-delay and state action), successful challenges to hospital mergers, and Intel and Google consent orders. He also participated directly in drafting and implementing the 2010 Horizontal Merger Guidelines.

Prior to serving as Bureau Director, Rich was a partner in the firm’s Washington D.C. office from 2001 to 2009. From October 1998 to June 2001, he served as an Assistant Director of the Bureau of Competition, in charge of the Health Care Services and Products Division. The work of that Division focused on antitrust enforcement in the health care industry, including anticompetitive practices and mergers involving health care providers, and anticompetitive conduct in the pharmaceutical industry.

Before initially entering private practice in 1985, Rich worked as a trial attorney in the Antitrust Division of the U.S. Department of Justice, and also served as Acting Deputy Director of the Division’s Office of Policy Planning and as Acting Assistant Chief of the Division’s Energy Section.

Bernard A. Nigro

Partner, Global Chair, Antitrust and Competition, Fried Frank

Biography

Bernard A. Nigro Jr. (“Barry”) is Global Chair of Fried Frank's Antitrust and Competition Department. Barry previously served as the Department of Justice’s Principal Deputy Assistant Attorney General for Antitrust and the Federal Trade Commission’s Deputy Director for the Bureau of Competition.

During his almost 40 years of practice and government service, Barry has handled hundreds of civil and criminal matters in dozens of industries ranging from concrete to high tech and everything in between. For example, Barry has been involved in some of the largest M&A transactions during the past decade, served as the antitrust compliance monitor in United States v. Apple Inc. (S.D.N.Y. 2013), worked on a variety of cartel matters, and counseled on complex compliance and litigation matters. While in government, Barry supported the rollout of the Procurement Collusion Strike Force, an initiative to modernize the merger review process, and revisions to the merger guidelines and remedies policies.

Barry is recognized as a leader by Chambers USA: America’s Leading Lawyers for Business, a “Leading Lawyer” by Legal 500 in Antitrust: Merger Control, and a “Global Leader” by Who’s Who Legal: Competition. Clients say "Barry is very adept at getting deals across the finish lines. He knows the inside game very well," “he is a skilled and knowledgeable antitrust lawyer with a very practical approach,” and “knows how to marry business and antitrust.” Other clients describe him as “the rare combination of DOJ and FTC expertise that is invaluable to clients who need to understand the agencies’ latest thinking” and note that “his decades of experience generally, and recent experience as the number-two lawyer in the Antitrust Division, make him a knowledgeable and skilled counselor on a broad array of government enforcement matters.” Clients say he is “fabulous” and “figures out quickly what’s important and focuses energies there.” Clients also report that “[n]o one compares to Barry Nigro in terms of goodwill” and note his “years of experience make his counsel and perspective, particularly seeing what is coming down the road, exceptional.”

Barry’s commitment to public service includes having served as Vice Chair of the American Bar Association’s Section of Antitrust Law (numbering over 10,000 members from across the globe), President of the George Washington University Law Alumni Association, a member of the Executive Committee of Higher Achievement’s DC President’s Council, a member of St. Albans School’s Development Committee, a member of Bishop Ireton High School’s Campaign Leadership Committee, and a member of Georgetown University’s Class of 1982 Executive Committee, among many other roles.

Barak D. Richman

Alexander Hamilton Professor of Business Law, George Washington University Law School

Biography

Barak Richman’s primary research interests include the economics of contracting, new institutional economics, antitrust, and healthcare policy. His work has been published in the Columbia Law Review, the University of Pennsylvania Law Review, Law and Social Inquiry, the New England Journal of Medicine, the Journal of the American Medical Association, and Health Affairs. In 2006, he co-edited with Clark Havighurst a symposium volume of Law and Contemporary Problems entitled "Who Pays? Who Benefits? Distributional Issues in Health Care,” and his book Stateless Commerce was published by Harvard University Press in 2017.

Professor Richman represented the NFL Coaches Association in an amicus curiae brief in American Needle v. The Nat’l Football League, which was argued before the U.S. Supreme Court in January 2010 and again in Brady v. The Nat’l Football League in 2011. His recent work challenging illegal practices by Rabbinical Associations was featured in the New York Times. And in 2020, he was a member of the Working Group on Platform Scale at Stanford University’s Program on Democracy and the Internet that proposed middleware as a solution to stem the economic and political power of dominant internet platforms.

Professor Richman is also a Senior Scholar at the Clinical Excellence Research Center at the Stanford University School of Medicine and is currently a special counsel for competition policy at the Department of Health and Human Services. He won Duke Law School's Blueprint Award in 2005 and was named Teacher of the Year in 2010. He has had visiting appointments at Columbia, Harvard, and Stanford.

Professor Richman has an AB, magna cum laude, from Brown University, a JD, magna cum laude, from Harvard Law School, and a PhD from the University of California, Berkeley, where he studied under Nobel Laureate in Economics Oliver Williamson. He served as a law clerk to Judge Bruce M. Selya of the United States Court of Appeals for the First Circuit, and from 1994-1996 he handled international trade legislation as a staff member of the United States Senate Committee on Finance, then chaired by Senator Daniel Patrick Moynihan