David Olsky is a senior counsel in the Commercial Litigation practice at Perkins Coie, focusing on securities litigation and enforcement, internal investigations, and antitrust and competition law. He has represented the world’s leading financial institutions and public companies in high-stakes litigation and arbitrations, and in investigations by government agencies and self-regulatory organizations, including the DOJ, SEC, FINRA, Office of the Comptroller of the Currency, and state attorneys general. High-profile challenges and issues are at the core of David’s practice. He has extensive experience with matters involving cartel investigations and follow-on litigation, the marketing of derivative products to municipalities, the Madoff Ponzi scheme, insider trading rings, rogue trading and corporate accounting irregularities.
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The general legal standard for determining whether unilateral conduct violates Section 2 of the Sherman Act. is murky, to say the least. Many courts have employed a “totality of the circumstances” approach, leaving it to the jury to decide whether, on balance, a particular business practice is (...)
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