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Lawrence I. Fox is the partner in charge of McDermott Will & Emery's Distribution Counseling and Litigation Group and is also the chairperson of the Antitrust and Competition Practice Group 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
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 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
Antitrust Counseling Experience:
Acts as general counsel to several trade organizations
Routinely develops antitrust compliance programs for companies and trade associations
Acts as antitrust and distribution counsel to one of the top four automobile dealership aggregators in the United States with sales in excess of $4 billion
Distribution Litigation Experience:
Recently 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
Handled a substantial number of diverse distribution matters in the alcohol and non-alcohol beverage, book and magazine, home security, motorcycle, automobile, computer, 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 nation's leading manufacturers of cameras and camera-related products in the development of a new co-op advertising and minimum-advertised price program 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
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 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 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.
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 has authored several articles on distribution related topics, including Strategies for Sellers and Buyers in a Dealer Termination Context. He has 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 in 2004.
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. In 2007, Larry became a member of the Editorial Advisory Board of the National Institute for Trial Advocacy (NITA). In 2006 and again in 2007 Larry was recognized 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 listed in Best Lawyers in America for 2008 with special recognition for his work in Antitrust Law.
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 | 