Elyse M. Greenwald

Ms. Greenwald’s matters include representing:

• U.S. Sugar in a federal bench trial in the District of Delaware, in defense of a complaint brought by the Department of Justice (DOJ) to block U.S. Sugar’s proposed acquisition of Imperial Sugar Company under section 7 of the Clayton Act
• CoStar Group against antitrust counterclaims brought by competitor Commercial Real Estate Exchange (CREXi), including monopolization and attempted monopolization of the markets for online commercial real estate information and listings, in which the district court granted CoStar’s motion to dismiss CREXi’s antitrust counterclaims with leave to amend
• Ocean Spray Cranberries, in defense of an antitrust class action brought by cranberry growers; the court dismissed 10 of the 13 counts against Ocean Spray, denied plaintiffs’ motion for class certification, and granted Ocean Spray’s motion for summary judgment on plaintiffs’ monopolization claim
• Surescripts, a pioneer of electronic prescribing, in securing a settlement with no monetary penalties in a US Federal Trade Commission lawsuit alleging monopolization of e-prescription markets through allegedly exclusionary contracts, as well as follow-on civil class action brought by classes of pharmacies
• General Electric and GE Healthcare in a putative antitrust class action in which the plaintiffs alleged that GE monopolized the aftermarket for anesthesia services; Latham secured a confidential settlement following a successful motion to compel mediation
• Cox Media Group in a complex multidistrict litigation alleging price fixing and information exchange violations arising out of a DOJ investigation into local television advertising sales practices
• Ford Motor Company in an antitrust consumer class action brought under California’s Cartwright Act in the Complex Litigation Department of the San Francisco Superior Court
• Olam Peanut Shelling Company, Olam International’s US subsidiary, against price-fixing allegations brought in the Eastern District of Virginia; the matter settled favorably prior to trial
• Oracle and NetSuite, in a weeklong federal jury trial in the Northern District of California, defending against claims of fraud brought by a former NetSuite customer; after excluding the plaintiff’s damages expert before trial, the jury returned a complete defense verdict for Oracle and NetSuite after deliberating for little more than an hour
• Oracle in a putative class action in the Northern District of California in which the plaintiffs alleged that Oracle entered into agreements with other technology companies not to hire or solicit each other’s employees in violation of section 1 of the Sherman Act and California law; the court granted Oracle’s motion to dismiss with prejudice