Lawrence I. Fox is the partner principally responsible for McDermott Will & Emery's Distribution Law & Strategies Group and is also the head of the Antitrust and Competition practice of the Firm’s New York office. He has represented clients in handling investigations, litigations and trials commenced by private plaintiffs as well as federal and state antitrust authorities. Larry’s litigation and counseling practice focuses primarily in the areas of antitrust, trade regulation, franchising, distribution, e-commerce and intellectual property. His distribution practice includes advising clients regarding their domestic and international activities.
Antitrust Litigation Experience
- Secured a nationwide settlement of twenty-three consolidated antitrust class action lawsuits brought on behalf of all purchasers of magazine subscriptions in the country against a trade association, the Magazine Publishers of America (MPA), and fourteen magazine publisher defendants, alleging a Sherman Act price fixing conspiracy. As counsel for the MPA, and lead/coordinating counsel for all defendants, Larry negotiated a settlement wherein no monetary payments were made to the class members and the Court awarded no fees to plaintiffs' counsel
- Represented one of the nation's largest music retailers in the defense of a consolidated class action lawsuit brought by 45 state Attorneys General and private plaintiffs alleging that CDs sold throughout the United States were the subject of an illegal price fixing agreement
- Successfully represented one of the nation's largest distributors of magazines, a joint venture of two of the country's largest magazine publishing companies, in a $300 million Robinson-Patman price discrimination action. In this case Larry obtained Summary Judgment dismissing Plaintiffs' claims which was subsequently affirmed by the Second Circuit Court of Appeals
- Co-chaired trial team that obtained a complete defense verdict for one of New York City's largest movie theater chains in an action wherein the plaintiffs alleged that the defendants (all of the major motion picture production companies and other large theater chains in New York) conspired in violation of Section 1 of the Sherman Act to keep first run movies from being shown in the Greenwich Village area
- Co-chaired trial team that obtained a directed verdict for one of the largest syndicators of television shows in a case alleging illegal tying or "block-booking" where the plaintiff alleged that the defendant violated the Sherman Act by refusing to license certain games shows unless defendant also purchased other games distributed by the same company
- Obtained a complete defense verdict in Federal Court on behalf of the oldest trade association of antiquarian book dealers in the country that had been charged with an alleged boycott in violation of Section 1 of the Sherman Act by an expelled member
- Obtained on behalf of one of the world's largest vodka distillers and its U.S. distributor a dismissal of a wholesaler's Federal Court complaint alleging antitrust violations under the Sherman Act and Robinson-Patman Act.
Antitrust Counseling Experience
- Prepares Domestic and International Distribution Agreements
- Acts as general counsel to trade organizations
- Routinely develops antitrust compliance programs for companies and trade associations
- Counsels numerous companies regarding the creation and implementation of advertising and promotional programs in compliance with the Robinson-Patman Act and other Federal and State antitrust and consumer protection statutes
- Develops Minimum Advertised Price Policies (MAP) and, post Leegin unilateral Manufacturer’s Suggested Resale Price Policies (MSRP)
Distribution Litigation Experience
- Successfully represented a terminated North American distributor of solid surface laminate products in an action against a $70 billion foreign manufacturer which resulted in a favorable settlement
- Successfully obtained a defense verdict after a two week trial on behalf of a beverage supplier in a $90 million dealer termination lawsuit
- Successfully represented one of the world’s leading binocular manufacturers to terminate its forty year relationship with its exclusive U.S. distributor and thereafter to enter the market directly through a newly acquired subsidiary
- Handled a substantial number of diverse distribution matters in the alcohol and non-alcohol beverage, book and magazine, home security, clothing, sports apparel, motorcycle, automobile, computer, optical equipment, chemicals, pharmaceutical, medical products, food, camera, music and other consumer products industries
Distribution Counseling Experience
- Counseled a joint venture of two of the nation’s largest magazine publishing companies in the total redesign and implementation of a unique method for distributing magazines to wholesalers throughout the United States
- Assisted one of the world's leading manufacturers of cameras and photographic equipment in the development of a new co-op advertising and a Minimum-Advertised Price Program (MAP) and a unilateral Manufacturer Suggested Resale Price Policy (MSRP) for distributors and retailers
- Assisted a leading manufacturer of high security lock systems to modify its distribution system which involved orchestrating the termination of approximately 100 wholesalers throughout the United States, thereby allowing the client to adopt a direct manufacturer-to-dealer distribution system
- Assisted a global supplier of pharmaceutical excipients to terminate its North American and Puerto Rico distributors to implement a direct to customer supply arrangement
- Assisted an Israeli-based pharmaceutical company to restructure its distribution relationship with a major U.S. based pharmaceutical company concerning the client’s distribution of drug eluding heart stents in the United States and Mexico
Federal Trade Commission Litigation Experience
- Represented clients in a number of federal court matters involving the Federal Trade Commission and has obtained favorable settlements for clients in a number of advertising and e-commerce cases brought by the FTC alleging violations of Section 5 of the FTC Act, TDDRA and the Pay-Per-Call-Rule, where the FTC has sought extreme remedies such as 13(b) seizures, asset freezes, temporary restraining orders and/or preliminary injunctions
Other Significant Antitrust and Intellectual Property Litigation Experience
- On behalf of the world’s largest automobile manufacturer, Mr. Fox successfully obtained a dismissal with prejudice of antitrust claims brought by 120 wholesalers and jobbers asserting that the manufacturer had violated Section 2(a) of the federal Robinson-Patman act which prohibits anticompetitive price discrimination
- Challenged successfully, on First Amendment grounds, the constitutionality of a Congressional act banning the use of the name "Crazy Horse" on a malt liquor product. Later, he defeated an effort by the heir to the legendary Native American Crazy Horse to prevent the use of this name in a proceeding in the Rosebud Sioux Tribal Court and ultimately had his victory in the Tribal Court affirmed by the Eighth Circuit Court of Appeals.
- Co-chaired the trial team in a one-year jury trial on behalf of the Country's largest retail art galleries in an art fraud case in the state of Hawaii concerning the life and works of Salvador Dali
- Litigated cases dealing with a number of trademark and copyright issues, including the successful defense of the constitutionality of the copyright treaty between the United States and Taiwan. In this case, Larry’s position was supported by the intervention of the United States government and 50 trade associations representing computer, entertainment firms and several trademark and copyright societies
- Successfully represented the Master licensor of the trademarks of celebrity Jessica Simpson in a $100 million litigation commenced by a terminated clothing sub-licensee
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Successfully defeated injunction motion brought by Lucky Brand Dungarees, Inc. and Liz Claiborne against Marcel Fashion Group, Inc., the owner of the first registered trademark "Get Lucky." The decision denying the infringement was affirmed by the Second Circuit Court of Appeals. Thereafter, Larry obtained a sanctions award against Lucky Brand and Liz Claiborne for discovery abuses. The Court awarded Larry’s client partial summary judgment, an injunction, and over $100,000 in fees and costs.
Larry has also lectured extensively on dealer distribution, franchising and termination issues. He has been a lecturer at the "Distribution and Dealer Termination Law Seminar," sponsored by Law Journal Seminars-Press and recently delivered a lecture at one of China’s leading law schools, Zhejiang Gongshang University Law School, entitled, "The U.S. Antitrust Laws and the New Chinese Anti-Monopoly Law: Two Paths Towards a Policy of Enhanced Competition." Larry has authored several articles on distribution related topics, including Strategies for Sellers and Buyers in a Dealer Termination Context. He also authored a chapter entitled, "Consents and Settlement Agreements," in Antitrust Law in New York State, published by the New York State Bar Association and also published by the ABA Section of Antitrust. He is also co-author of “New York Antitrust and Consumer Protection Law” (Third Edition), which was published by the New York State Bar Association, in 2011.
For two years, Larry served as chairman of the Antitrust Law Section of the New York State Bar Association, and is currently on the executive committee of the Section. He was also selected to serve as a member of the New York State Bar Association's House of Delegates. Since 2007, Larry has been a member of the Editorial Advisory Board of the National Institute for Trial Advocacy (NITA). In 2010, Larry was selected by the president of the New York State Bar Association to serve as one of six members of the Bar Association’s Special Committee On Pleading Standards In Federal Litigation. In 2011 he was selected for inclusion in the American Registry’s Inaugural Edition of “America’s Most Honored Professionals,” and received from Martindale-Hubbell its highest rating in both legal ability and Ethical Standards: “AV Preeminent.” Larry has been recognized each year from 2006 to 2011 by New York Metro Super Lawyers magazine as being among the top five percent of lawyers in the New York metro area. He also has been selected for inclusion in Best Lawyers in America each year from 2008 through 2011 with special recognition for his work in Antitrust Law and for 2012 with special recognition for both his work in Antitrust Law and Antitrust Litigation.
Larry is a member of the bars of New York, Pennsylvania, the District of Columbia and the Rosebud Sioux Tribal Court. He is also admitted to practice before the U.S. District Courts for the Southern, Eastern and Northern Districts of New York; the U.S. District Court for Hawaii; the U.S. Court of Appeals for the Second, Eighth, Ninth and District of Columbia Circuits; and the Supreme Court of the United States.
Larry was the editor of the American Criminal Law Review while attending the Georgetown University Law Center.
Education
- Georgetown University Law Center, J.D., 1973
- Boston University, B.S. (magna cum laude), 1970
