Stefan Meisner is a partner with Crowell & Moring based in their Washington office. He provides legal services to clients in connection with antitrust matters and electronic discovery issues. He is a member of the Firm’s Antitrust & Competition Practice Group. Stefan focuses his antitrust practice on complex, multi-district class action litigation alleging Sherman Act violations, US Department of Justice (DOJ) investigations, merger investigations and intellectual property issues. He counsels clients on the antitrust implications of patent licensing and settlements of infringement litigation. In addition, he counsels clients on global strategies for addressing cartel prosecutions and defenses, from the inception of government investigations, to the initiation of civil class action litigation in a variety of jurisdictions. Stefan also advises on major mergers and acquisitions, and on merger notification under the Hart-Scott-Rodino Act and multinational notification regimes. He serves clients in a variety of industries, including consumer products, defense and aerospace, high-tech, semi-conductors, building materials, hospitals, alcohol beverages, steel, mining and aggregates. To develop efficient and effective solutions for businesses facing issues with e-discovery and management of electronically stored information, Stefan counsels clients on electronic discovery issues in the litigation and regulatory arenas. He counsels clients on developing effective strategies for managing electronic records in light of evolving standards on preservation and production of electronic documents and data under the US Federal Rules of Civil Procedure. Stefan also has extensive experience with investigations that involve forensic examination of electronic media and data. Stefan serves on the Firm’s pro bono, strategic planning, new business and recruitment committees. He is active in representing individuals seeking asylum in the US and US service veterans who are seeking government benefits related to their service.
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The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence and (...)
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On Thursday, March 7, the Antitrust Division intervened in three antitrust class actions to urge the court that no-poach agreements between vertically related firms, such as between franchisor and franchisee, should be analyzed under the rule of reason, which weighs the procompetitive benefits (...)
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THE LATEST : NEW DOJ ANTITRUST DIVISION POLICY MAKES COMPLIANCE PROGRAMS MORE CRITICAL THAN EVER* What Happened : Last week, the Antitrust Division reported that it has changed its Justice Manual to state that it will consider antitrust compliance at the charging stage in criminal antitrust (...)
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THE LATEST : DOJ Reaches Settlement with Six Broadcast Television Companies* The Department of Justice (DOJ) and six broadcast television companies reached settlements last week after the DOJ claimed that the companies shared competitively sensitive information that allowed the parties to (...)
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Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision — FTC v. Qualcomm — on the question of whether (...)
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This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. FTC Secures Partial Victory Requiring SEP Holder to License to All Comers in Antitrust Case Summary Recently, a federal district court in California granted (...)
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Supreme Court Clarifies Principles of International Comity in Vitamin C Ruling* Alert : The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a (...)
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What Happened : Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung (...)
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Reversing long-standing Federal Circuit precedent, the United States Supreme Court has now held that a patentee extinguishes its patent rights on a product upon its sale of that product, regardless of (1) whether the patentee placed a restriction on the sale (prohibiting reuse or resale), or (...)
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On February 9, the US Court of Appeals for the Third Circuit upheld a ruling by the US District Court for the District of Delaware that indirect purchasers of Class 8 transmissions did not meet the requirements for class certification. The Third Circuit found that only the individual claims may (...)
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On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by the agencies and serve to update the Antitrust Enforcement Guidelines (...)
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On January 12, 2017, the Federal Trade Commission and the Antitrust Division of the US Department of Justice issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines). The revised Guidelines follow nearly half a year of consideration and public commentary. (...)
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On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to educate (...)
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CJEU TO RULE ON EXTRADITION OF EU CITIZENS IN CRIMINAL ANTITRUST PROCEEDINGS The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of (...)
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In the long-running patent dispute between Microsoft and Motorola, a U.S. District Court jury in Seattle found that Motorola breached its commitment to license certain standard-essential patents on fair, reasonable and non-discriminatory (FRAND or RAND) terms. The jury awarded Microsoft (...)
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WESTERN DISTRICT OF WASHINGTON SETS FRAND ROYALTY RATES AND RANGE FOR SEPS* Last week in Microsoft v. Motorola, the U.S. District Court Western District of Washington became the first U.S. court to set fair, reasonable, and non-discriminatory (FRAND or RAND) royalty rates and range for (...)
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Yesterday, the U.S. Department of Justice announced that CPTN Holdings, LLC, a joint venture owned equally by Microsoft Corp., Apple, Inc. , Oracle Corp., and EMC Corp, has agreed to modify its agreement to acquire certain patents from Novell, Inc. in order to allay antitrust concerns raised (...)
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