Selected for precedent-setting victories.
DEPARTMENT OF JUSTICE (DOJ) – ANTITRUST DIVISION AND FEDERAL TRADE COMMISSION (FTC)
Leading companies and global market leaders need to know what to expect and how to prevail when investigations arise involving the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division, including:
- How to secure clearance in industry-transforming transactions that involve some of the most difficult, high-stakes deals
- How to prevail in novel civil conduct investigations that threaten a company’s business model, whether a matter involves the high-technology sector, Hatch-Waxman (“pay-for-delay”) settlements, or a new theory under Section 5 of the FTC Act
- What to do when a company may have been involved in criminal price-fixing or has been wrongly accused; as well as how to navigate the leniency process or defend against enterprise-threatening criminal and civil litigation exposure
- How to successfully defend and manage FTC inquiries and investigations into data security, privacy, advertising, marketing practices, or other more novel “unfair or deceptive acts or practices”
Latham draws on extensive experience to help clients navigate the FTC and DOJ to arrive at favorable outcomes. The firm has succeeded in some of the toughest and highest-stakes matters of the last decade. Latham’s team is able to deliver the creativity that clients often need in order to shut down investigations, and, if investigations do develop into litigation, Latham also provides clients with a deep bench of first-chair trial lawyers to prevail in court. Given Latham’s strong working relationships with regulators, and firsthand insight into the government’s strategy, Latham can help clients make the right call at the right time to solve their FTC and antitrust issues.
Jennifer Archie is recognized for her pioneering work on spam law, privacy and data security.
Mark Gerstein and Peggy Zwisler recognized among top practitioners "moving the needle" in M&A and antitrust law.