William Diaz is a partner in the law firm of McDermott Will & Emery LLP and is based in the Orange County office. He is a member of the Firm’s Antitrust & Competition practice group. His antitrust practice is focused on mergers and acquisitions, complex litigation and government investigations, as well as counseling on pricing, distribution and consumer protection issues.
Will has counseled clients in a wide array of industries spanning aerospace, beverages, biotechnology, cement, chemicals, consumer products, defense, health care, high technology, life sciences, medical devices, pharmaceuticals, sporting goods, and veterinary products.
Prior to joining private practice, Will was an attorney for the Federal Trade Commission, Bureau of Competition, investigating and analyzing mergers and anticompetitive trade practices. He received the Commission’s Award for Meritorious Service for his role on the FTC v. Libbey, Inc. trial team, which obtained an injunction blocking the proposed acquisition. One significant aspect of the Libbey case was the fact that it was one of the first cases where the parties “litigated the fix.” Meaning, the merging parties sought to alter the terms of the proposed transaction after the Commission had voted to seek an injunction, but prior to the District Court’s decision.
Since joining private practice, Will has obtained significant victories and favorable outcomes for prominent companies in government investigations and litigation matters and successfully navigated numerous transactions through agency review. These matters have involved some of the most pressing legal issues in the antitrust field including the legality of standard-setting activities, patent pools, bundled product arrangements, and exclusive dealing agreements. In addition, he has developed a high level of expertise in the hi-tech and biotech industries and has significant experience in matters involving the application of the antitrust laws to intellectual property issues.
Will is also on the Firm’s Racial and Ethnic Diversity Committee
He is admitted to practice in the District of Columbia, Maryland, and California..
Representative Experience
Transactions
- Arc Paşabahçe Food Service LLC joint venture between Cardinal International, Inc. and Paşabahçe Yatirim Ve Pazarlama A.Ş., two leading glassware suppliers
- Armor Holdings, Inc’s acquisition of Bianchi International, combining two of the largest providers of law enforcement products
- Healthways, Inc.’s alliance with Medco Health Solutions, Inc., a partnership focused on improving pharmacy management and patient safety
- Jarden Corporation’s acquisition of K2 Inc., combining two leading suppliers of consumer products
- Lockheed Martin Corporation’s acquisition of Affiliated Computer Services, Inc., a leading information technology and business process outsourcing company
- Lockheed Martin Corporation’s acquisition of ORINCON Corporation International, combining two leading companies in the Intelligence, Surveillance, and Reconnaissance (ISR) industry
- Medtronic, Inc.’s acquisition of Spinal Dynamics Corporation, a competing developer of artificial spinal discs
- Medtronic, Inc.’s acquisition of TransVascular, Inc., a developer of medical devices for vascular procedures
- Precision Castparts Corporation’s acquisition of Air Industries Corporation, combining two leading providers of aircraft components
- United Launch Alliance joint venture between Lockheed Martin Corporation and The Boeing Company, combining the only two suppliers of medium, intermediate, and heavy class launches to the U.S. Government
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Wabtec Corporation’s acquisition of Standard Car Truck, involving railcar components
Litigation
- Amgen Inc. v. F. Hoffmann-La Roche, Ltd.- Defense of antitrust and tort counterclaims to a patent infringement action
- Arbed S.A. v. Mitsubishi Corporation - Defense of appeal to the Third Circuit in an antitrust class action lawsuit
- Audio MPEG, Inc. v. SanDisk Corporation - Brought antitrust counterclaims against members of a patent pool
- Cyntegra, Inc. v. IDEXX Laboratories, Inc. - Defeated exclusive dealing and tying claims involving distribution agreements
- Foti v. Amgen Inc. - Defense of “bundled” discount arrangement
- Lockheed Martin Corporation v. The Boeing Company – Brought monopolization claims; defeated Defendant’s motion to dismiss and summary judgment motion
- Medtronic MiniMed Inc. v. Smiths Medical MD, Inc. - Defeated antitrust counterclaims to a patent infringement action
- Ortho Biotech Products, L.P. v. Amgen Inc. - Defense of “bundled” discount arrangement; defeated Plaintiff’s preliminary injunction motion
- Warren General Hospital v. Amgen Inc. - Defeated illegal tying claims
Education
- Georgetown University Law Center, J.D., 2000
- University of Florida, B.S. (magna cum laude), 1997
Languages Spoken
- English
- Spanish
