Eric Andrew Rivas

Mr. Rivas’ representative matters include:

• Bio-Rad Laboratories Inc. et al. v. 10X Genomics Inc., No. 1:19-cv-12533 (D. Mass.) ─ Defended Bio-Rad Laboratories against post-merger antitrust counterclaims raised by defendant in a patent infringement litigation. Defendant alleged that Bio-Rad, through a 2017 merger, monopolized product and technology markets involving digital droplet genetic analysis, in violation of § 2 of the Sherman Act and § 7 of Clayton Act. 10X claimed it was harmed by Bio-Rad’s prior successful patent enforcement litigations, and sought divestiture of the merged assets and patents. Ruling on Bio-Rad’s motion to dismiss, the court rejected several of the defendant’s antitrust claims in alleged markets where the defendant was the dominant firm. Subsequently, the parties reached a global settlement and agreed to a lifetime cross-licensing agreement regarding the patents-in-suit.*
• PlusPass, Inc. v. Verra Mobility Corp. et al., No. 2:20-cv-10078 (C.D. Cal.) – Defended The Gores Group LLC (TGG) against allegations by PlusPass, Inc. that TGG conspired with co-defendants and third parties to merge competing entities and foreclose competition through contracts with rental car companies. After filing a motion to dismiss, TGG was dismissed from the case.*
• FashionPass Inc. v. Rent the Runway Inc. et al., No. 2:19-cv-03537 (C.D. Cal) ─ Defended Rent the Runway (RTR) against allegations by FashionPass that RTR’s contracts with fashion designers allegedly harmed competition and tortiously interfered with business opportunities. After obtaining a dismissal of the initial complaint, the matter was successfully resolved.*
• GXP Capital, LLC v. Argonaut Manufacturing Services, Inc. et al, 3:21-ap-90063 (Bankr. S.D. Cal.) ─ Defended Argonaut and Telegraph Hill entities against allegations by GXP Capital that the defendants conspired to disrupt the bankruptcy of GXP Capital’s predecessor, Bioserv. After securing a tentative ruling granting the defendants’ motion to dismiss the complaint, Mr. Rivas successfully presented oral argument that resulted in the dismissal of the complaint without prejudice*
• In re McGregor-Mayweather Boxing Match Pay-Per-View Litigation, MDL Docket No. 2806 – Successfully obtained the early dismissal of Showtime Networks from a series of putative class actions arising out of the August 2017 boxing match between Floyd Mayweather and UFC star Conor McGregor. This outcome followed a ruling granting Showtime Networks’ motion to compel arbitration on an individual basis*

Mr. Rivas has also played key roles in representing:

• Pilgrim’s Pride in federal class actions across the country brought by direct and indirect purchasers alleging that the major chicken producers reduced output to raise the price of broiler chickens*
• A leading chemical company against claims by Honda Trading America (HTA) in California federal court that they tortiously interfered with contracts between HTA and third parties and aided and abetted a purported conversion of catalytic materials*
• A leading television broadcaster in an industry-wide multi-district antitrust putative class action litigation regarding broadcast television spot advertising, as well as the resolution of a related DOJ Antitrust Division investigation*
• A pharmaceutical company in an arbitration with its supplier concerning antitrust and contract claims arising out of a licensing dispute*
• A biotechnology contract manufacturer in California federal court concerning a contract dispute arising out of a supply agreement with a COVID-19 rapid test manufacturer*

*Matters handled prior to joining Latham