Orrick, Herrington & Sutcliffe (Washington)

James J. Tierney

Orrick, Herrington & Sutcliffe (Washington)
Partner

James Tierney is a partner with Orrick, Herrington & Sutcliffe based in the firm’s Washington, DC office. The former chief of the U.S. Justice Department’s Networks and Technology Enforcement Section (Net Tech), Jim focuses his practice on antitrust and competition law, advocating before federal agencies on behalf of the firm’s global clients in the technology, energy & infrastructure and finance sectors. Jim is a well-recognized figure inside the Beltway and an accomplished antitrust lawyer, with expansive knowledge of regulatory issues facing the technology and finance sectors. Jim is a five-time recipient of the Assistant Attorney General Award of Distinction, and also received the prestigious Roberts Award in 2011 for excellence, leadership and dedication in the enforcement of antitrust laws. Prior to becoming Net Tech’s chief, he served for three years as assistant chief of the Antitrust Division’s Litigation 2 section and was a trial attorney in the agency from 1994 to 2003. He also served in the Antitrust Division’s Professions and Intellectual Property section. He clerked for Washington State Supreme Court Justices James A. Andersen and Fred H. Dore. He is a former student of the University of Puget Sound School of Law (J.D., 1986, cum laude) and of the Allegheny College (B.A., 1977).

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Orrick, Herrington & Sutcliffe (Paris)
Orrick, Herrington & Sutcliffe (Washington)
Orrick, Herrington & Sutcliffe (Washington)
Orrick, Herrington & Sutcliffe (Washington)
Orrick, Herrington & Sutcliffe (Paris)

Videos

James Tierney
James J. Tierney 28 March 2017 Washington, DC
James Tierney
James J. Tierney 7 October 2016 Chicago

Articles

238 Bulletin

Emily Luken, James J. Tierney The US DoJ leaves the door open to offering proof that harm to innovation in the market for airline bookings is separate and independent basis to block a merger (Sabre / Farelogix)

114

In its recent complaint challenging the $360 million acquisition of Farelogix by Sabre, the Department of Justice (“DOJ”) appears to have left the door open to offering proof that harm to innovation in the market for airline bookings is a separate and independent basis to block the merger. (...)

James J. Tierney The US District Court for the Southern District of New York receives a complaint from a manufacturer of refrigeration compressors that a would-be acquirer failed to discharge its obligations under a "hell or high water" clause (Whirlpool / Nidec)

44

The phrase “come hell or high water” is said to have originated in the late 1800s in reference to the conditions cattle herders encountered when they trekked from Texas to the Midwest across large prairies in the summer heat and through deep rivers. In the merger context, a hell or high water (...)

James J. Tierney, Elena Kamenir The US DoJ issues a statement of interest arguing that a no-poach agreements between two Universities are per se unlawful market-allocation agreements (Danielle Seaman / Duke University / University of North Carolina)

50

Since issuing the DOJ/FTC Antitrust Guidance for Human Resource Professionals in 2016, the DOJ Antitrust Division has remained active in enforcing and commenting on agreements among employers not to compete for hiring employees (“no-poach” agreements). DOJ filed several statements of interest (...)

Emily Luken, James J. Tierney The U.S. District Court for the District of Columbia holds hearing to decide whether to enter the proposed Final Judgment requiring the divestiture of a Medicare business due to competition concerns raised by the DoJ (CVS /Aetna)

30

On June 4 – 5, 2019, Judge Richard J. Leon of the U.S. District Court for the District of Columbia held an extraordinary and unprecedented evidentiary hearing to decide whether to enter the proposed Final Judgment in U.S. v. CVS/Aetna requiring the divestiture of Aetna’s Medicare Part D (...)

2300 Review

Agathe Richard, Aidan Synnott, Albert A. Foer, Alden Abbott, Alvaro Ramos, Ben Labow, Bonny Sweeney, Bradley T. Tennis, Christopher Meyers, Donald C. Klawiter, James J. Tierney, James Langenfeld, Janet L. McDavid, John DeQ. Briggs, John Kwoka, Joseph Farrell, Logan Breed, Mark D. Whitener, Michael A. Carrier, Michael D. Hausfeld, Michael L. Weiner, Michael P. Lehmann, Richard S. Taffet, Scott Sher, Sharis Pozen, William H. Rooney What is Trump Antitrust?

2300

Change is in the air and it is coming to antitrust and competition policy in the United States. The unexpected election of President-elect Donald J. Trump opened wide the speculation or mystery about what he and his advisors are planning concerning his administration’s antitrust policy. During (...)

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1016th
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