Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Judge, United States Court of Appeals, Eleventh Circuit
Judge Kevin C. Newsom is a member of the United States Court of Appeals for the Eleventh Circuit. He sits in Birmingham, Alabama.
Before his appointment to the bench, Judge Newsom was the head of the appellate practice group at Bradley Arant Boult Cummings LLP and, before that, the Solicitor General of Alabama. As a practicing lawyer, Judge Newsom argued four cases in the Supreme Court of the United States, and nearly 40 more in the United States Courts of Appeals and state supreme and appellate courts.
Judge Newsom graduated summa cum laude from Samford University and magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. Following law school, Judge Newsom clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and Justice David H. Souter of the Supreme Court of the United States.
Judge Newsom teaches at Harvard Law School, Yale Law School, Stanford Law School, and the University of Chicago Law School. His published work has appeared in the Yale Law Journal and the Harvard Law Review.
U.S. Court of Appeals, First Circuit
David Barron was appointed to the United States Court of Appeals for the First Circuit in May 2014. He graduated from Harvard College in 1989 and Harvard Law School in 1994. From 1989 to 1991, he worked as a newspaper reporter. After graduating from law school, he clerked for Judge Stephen R. Reinhardt of the United States Court of Appeals for the Ninth Circuit, from 1994 to 1995, and for Justice John Paul Stevens of the United States Supreme Court, from 1995 to 1996. He then worked as an attorney advisor for the Office of Legal Counsel of the United States Department of Justice, from 1996 to 1999. In 1999, Barron became an Assistant Professor at Harvard Law School. He became a full Professor at Harvard Law School in 2004, where he worked until he rejoined the Justice Department as Acting Assistant Attorney General for the Office of Legal Counsel, from 2009 to 2010. He then returned to the Harvard Law School faculty in 2010, where he was named the S. William Green Professor of Public Law in 2011, and worked until his appointment to the federal bench in 2014. Currently, Barron is the Honorable S. William Green Visiting Professor of Public Law at Harvard Law School. Barron has published articles in the Harvard Law Review, the Stanford Law Review, and the Yale Law Journal. His book, Waging War, won the 2017 William E. Colby Award.
Milton R. Underwood Chair in Free Enterprise, Vanderbilt University Law School
Brian Fitzpatrick is the Milton R. Underwood Chair in Free Enterprise and Professor of Law at Vanderbilt Law School, where his research focuses on class action litigation, federal courts, judicial selection, and constitutional law. He is best known for his empirical studies of class action settlements as well as his book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick joined Vanderbilt's law faculty in 2007 after serving as the John M. Olin Fellow at New York University School of Law. He graduated first in his class from Harvard Law School and went on to clerk for Judge Diarmuid O'Scannlain on the U.S. Court of Appeals for the Ninth Circuit and Justice Antonin Scalia on the U.S. Supreme Court. After his clerkships, Professor Fitzpatrick practiced commercial and appellate litigation for several years at Sidley Austin in Washington, D.C., and served as Special Counsel for Supreme Court Nominations to U.S. Senator John Cornyn. Before earning his law degree, Fitzpatrick graduated summa cum laude with a bachelor's of science in chemical engineering from the University of Notre Dame. He has received the Hall-Hartman Outstanding Professor Award, which recognizes excellence in classroom teaching, for his Civil Procedure and Federal Courts courses.
Judge, United States Court of Appeals, Eleventh Circuit
Judge Kevin C. Newsom is a member of the United States Court of Appeals for the Eleventh Circuit. He sits in Birmingham, Alabama.
Before his appointment to the bench, Judge Newsom was the head of the appellate practice group at Bradley Arant Boult Cummings LLP and, before that, the Solicitor General of Alabama. As a practicing lawyer, Judge Newsom argued four cases in the Supreme Court of the United States, and nearly 40 more in the United States Courts of Appeals and state supreme and appellate courts.
Judge Newsom graduated summa cum laude from Samford University and magna cum laude from Harvard Law School, where he was an articles editor on the Harvard Law Review. Following law school, Judge Newsom clerked for Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit and Justice David H. Souter of the Supreme Court of the United States.
Judge Newsom teaches at Harvard Law School, Yale Law School, Stanford Law School, and the University of Chicago Law School. His published work has appeared in the Yale Law Journal and the Harvard Law Review.
Professor, Sturm College of Law, University of Denver
Professor Eli Wald holds SJD and LLM degrees from Harvard Law School and LLB and BA degrees from Tel-Aviv University. Prior to joining the University of Denver Sturm College of Law he was a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison in New York City. Wald’s academic interests include the American legal profession, legal ethics and corporate law. His recent research has examined topics such as attorneys’ loyalty to clients, increased lawyer mobility, attorney-client communications and the ethno-religious and cultural identity of large law firms. Prof. Wald, a CLE instructor, legal ethics expert commentator for LexisNexis and expert witness, is a member of the Colorado Supreme Court Standing Committee on the Colorado Rules of Professional Conduct and a member of the Colorado State Bar Association’s Ethics Committee.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Judge, United States Court of Appeals, District of Columbia Circuit
Judge Katsas was appointed to the D.C. Circuit in December 2017. He graduated from Princeton University and Harvard Law School, where he was an executive editor on the Harvard Law Review. Between 1989 and 1992, he served as a law clerk to Judge Edward Becker on the Third Circuit, to then-Judge Clarence Thomas on the D.C. Circuit, and to Justice Thomas on the Supreme Court. Between 1992 and 2001, he was an associate and then partner in the Washington office of Jones Day, where he specialized in appellate and complex civil litigation. Between 2001 and 2009, he served in many senior positions in the Department of Justice, including as Assistant Attorney General for the Civil Division and as Acting Associate Attorney General. In 2009, he returned to Jones Day. From January to December 2017, he served as Deputy Assistant to the President and Deputy Counsel to the President.
Before joining the bench, Judge Katsas argued more than 75 appeals, including three cases in the Supreme Court, 13 cases in the D.C. Circuit, and cases in every other federal court of appeals. By appointment of the Chief Justice, he served on the Advisory Committee on Appellate Rules from 2013 to 2017. In 2016, he was elected to membership in the American Academy of Appellate Lawyers.
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
Partner, Supreme Court Attorney, Cabinet Briard LLP
François-Henri Briard is a Knight of the Legion of Honor, an Officer of the National Order of Merit and a Knight of the Palmes Académiques.
He was a member of the Governing Board of the Bar of the French Supreme Courts (2003-2005).
François-Henri Briard was a trustee of Sarah Lawrence College in New York for eight years. He is President of the Institut Vergennes, a member of the U.S. Supreme Court Historical Society and an honorary member of the Society of the Cincinnati and of the Sons of the American Revolution. He is also an expert with the Federalist Society, a U.S. think tank that focuses on constitutional and judicial issues.
He is a member of the Institute of Consulting Tax Attorneys (IACF) and an associate member of the Academy of Moral Sciences, Letters and Arts of Versailles and Ile de France.
He is a member of the French Navy civilian reserve with the rank of frigate captain and has been awarded a medal by the voluntary military services. On behalf of the Firm, he received the Military Reserve Prize (2011).
Distinguished University Chair and Professor of Law, University of St. Thomas School of Law
Michael Stokes Paulsen is Distinguished University Chair & Professor of Law at the University of St. Thomas, where he has taught since 2007. Professor Paulsen was previously the McKnight Presidential Professor of Law & Public Policy and Associate Dean at the University of Minnesota Law School, where he taught from 1991-2007. He is a graduate of Northwestern University, Yale Law School, and Yale Divinity School. He has served as a federal prosecutor, as Attorney-Advisor in the Office of Legal Counsel of the U.S. Department of Justice, and as counsel for the Center for Law & Religious Freedom.
Paulsen has taught as a visiting professor at Princeton University, Pepperdine University, Georgetown University, Bethel University, Uppsala University (Sweden), Daystar University (Kenya), and University of the Andes (Chile). He has been a guest lecturer at universities around the nation, including Harvard, Yale, Columbia, Princeton, Penn, NYU, Georgetown, Virginia, Stanford, Berkeley, Michigan, University of Chicago, and Northwestern.
Professor Paulsen is the author of more than ninety scholarly articles and book chapters on a wide variety of constitutional law topics, published in law journals including the Harvard Law Review, the Yale Law Journal, the Stanford Law Review, the University of Chicago Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Northwestern University Law Review. He is the author or co-author of three books, including The Constitution: An Introduction (Basic Books, 2015) (co-authored with Luke Paulsen) and the casebook The Constitution of the United States, now in its fifth edition with Foundation Press, co-authored with Michael McConnell, Samuel Bray, and Will Baude.
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
Principal, DeGroot Legal
Mr. DeGroot represents businesses in complex litigation, focusing on licensing, insurance, intellectual property, contract disputes, and toxic torts. He has experience in cases involving fraud, breach of contract, unfair competition, patents, business torts, mergers and acquisitions, creditors’ rights, and bankruptcy. He has extensive experience in all aspects of civil litigation, both in federal and state courts, including prejudgment remedies, discovery, trial, appeals, arbitration and mediation.
Mr. DeGroot works with clients in a variety of industries, including financial institutions, insurance, software, construction, semiconductors, and real estate.
Senior Judge, United States Court of Appeals, District of Columbia Circuit
Circuit Judge Douglas H. Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986. After receiving his B.S. from Cornell University in 1970, and his J.D. from the University of Chicago Law School in 1973, he clerked on the D.C. Circuit and for Justice Thurgood Marshall on the United States Supreme Court. Thereafter, Judge Ginsburg was a professor at the Harvard Law School, the Deputy Assistant and then Assistant Attorney General for the Antitrust Division of the Department of Justice, as well as the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. Concurrent with his service as a federal judge, Judge Ginsburg has taught at the University of Chicago Law School and the New York University School of Law. Judge Ginsburg is currently a Professor of Law at the George Mason University and a visiting professor at University College London, Faculty of Laws.
Judge Ginsburg is the Chairman of the International Advisory Board of the Global Antitrust Institute at the Law and Economics Center of the George Mason University School of Law. He also serves on the Advisory Boards of: Competition Policy International; the Harvard Journal of Law and Public Policy; the Journal of Competition Law and Economics; the Journal of Law, Economics & Policy; the Supreme Court Economic Review; the University of Chicago Law Review; the New York University Journal of Law and Liberty; and, at University College London, both the Centre for Law, Economics and Society and the Jevons Institute for Competition Law and Economics.
In 2020, Judge Ginsburg was the 11th recipient of the John Sherman Award, presented by the Antitrust Division of the Department of Justice in recognition of the awardee’s Lifetime Contributions to Antitrust Law and Policy.
In 2014, Judge Ginsburg received the Lifetime Achievement Award given annually by the Global Competition Review.
He is the author or co-author of several books and more than 100 articles on competition and regulation, including, most recently, Growing Convergence: The Limited Role of Antitrust in Standard Essential Patent Disputes, in CPI Antitrust Chronicle, Summer 2021, Vol. 1, No. 2.
Clinical Co-Director and Senior Fellow, Berkman Center for Inter, Harvard Law School
Phil Malone is a Clinical Professor of Law at Harvard Law School and the Director of the Law School’s Cyberlaw Clinic at the Berkman Center. Phil joined the Center in September, 2004 as a co-director of the Clinical Program; in the years since, he and his clinical colleagues have built the Clinic into one of the leading entities of its kind in the country.
Phil came to the Berkman Center after a little over 20 years as a federal prosecutor with theAntitrust Divisionof the U.S. Department of Justice, where he directed numerous civil and criminal investigations and prosecutions. Most of his DOJ experience over the past 10 years focused on high-technology industries, the Internet and computer software and hardware. Beginning in 1996 Phil was lead counsel in the DOJ's investigations of Microsoft, and he was the primary career counsel, along with outside counsel David Boies, in the trial ofU.S. v. Microsoft Corp.(D.D.C). Before leaving the Justice Department he was one of the lead lawyers in the government's antitrust case against Oracle Corp. Phil first became involved with the Berkman Center during the 2001-2003 academic years when he was the Victor H. Kramer Fellow at HLS. His research then focused on legal approaches to encouraging and preserving innovation in high-tech industries, evolving competition policy in the computer industry, and the use of technology in discovery and litigation.
Phil graduated long ago fromHarvard Collegeand the University of Arizona College of Law. When he is not at the Berkman Center he can often be found around Harvard'sQuincy House, where he and his wife Luci are resident tutors and kids Celia and Zulie are resident entertainment.
Partner, Rule Garza Howley LLP
Rick began his career in the 1980s in the Antitrust Division of the U.S. Department of Justice, becoming the Assistant Attorney General in charge of the Division from 1986-89 – the youngest person ever to be confirmed by the Senate to that position. Over the last 30+ years since leaving the Division, Rick has led the antitrust practices at several leading D.C. and New York firms including Covington & Burling and Paul, Weiss.
During his time in private practice, Rick has represented major multi-national companies and executives in virtually every industry – from, among others, agricultural and animal health (Monsanto, Elanco) to energy (ExxonMobil) to defense contractors (Northrop Grumman, United Technologies) to professional sports (NFL, NBA, MLB) to technology platforms (Microsoft, Nuance) to pharmaceutical manufacturers (Eli Lilly, Pfizer) to health insurers (Cigna). (For a complete list of industry experience, click here.)
Rick has represented his clients before the Antitrust Division, the Federal Trade Commission, State Attorneys General and major foreign antitrust regulators in connection with many of the most notable merger investigations, including Exxon’s merger with Mobil, US Airways’ merger with American Airlines, and Cigna’s acquisition of Express Scripts. At the same time, Rick has represented clients in some of most prominent government investigations of the last quarter century, including leading the team that settled the Government’s monopolization case against Microsoft and defending international companies and executives in major antitrust criminal investigations.
For four decades, Rick has been at the forefront of antitrust law and is uniquely capable of advising clients on the antitrust regulatory environment affecting the way they do business globally. As agencies and rules have evolved, he has helped clients to understand the dynamic legal framework, to assess the legal risk and rewards associated with a range of competitive strategies, and to work with government bodies to take advantage of, and ensure appropriate compliance with, the regulations governing the clients’ chosen strategy.
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Raleigh, North CarolinaU.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
David DeGroot, Douglas H. Ginsburg, Phil Malone, Charles "Rick" Rule
Ten years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today,...
U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
David DeGroot, Douglas H. Ginsburg, Phil Malone, Charles "Rick" Rule
Ten years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today,...
U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter?
San Francisco Lawyers Chapter
San Francisco, CABanning Burqas
Cambridge, MA