夏拉·阿方索 Shylah R. Alfonso

Ad Fontes FTC CID

Represented Ad Fontes through the FTC’s investigation related to alleged information exchanges and collusion to bias certain media companies. The investigation ended with no action taken against the client.

FTC et al. v. Syngenta Crop Protection AG et al.

U.S. District Court for the Middle District of North Carolina
Representing third-party Simplot AB Retail, Inc. in the FTC’s initial investigation, and later lawsuit, against Syngenta and Corteva alleging violations of federal and state antitrust laws based on the alleged anticompetitive use of loyalty and rebate programs in the crop protection product market. 

In re: Crop Inputs Antitrust Litigation

U.S. District Court for the Eastern District of Missouri
Led defense of Simplot AB Retail in multidistrict, multidefendant putative class action litigation alleging collusion between crop inputs manufacturers, wholesalers, and retailers to boycott an alleged e-commerce platform. Obtained dismissal with prejudice on a motion to dismiss, and dismissal was affirmed by the Eighth Circuit.

In Re: Concrete and Cement Admixtures Antitrust Litigation

U.S. District Court for the Southern District of New York
Leading defense of Mapei Corporation, Mapei S.p.A. and Mapei France S.A. (“Mapei”) in a putative class action lawsuit brought by direct and indirect purchasers, alleging violations of the Sherman Act, as well as state antitrust and consumer protection laws. Plaintiffs claim that Mapei and other manufacturers of concrete and cement admixtures (“CCAs”) engaged in a conspiracy to unreasonably restrain trade and fix prices for CCAs sold in the United States.

State of Washington v. RealPage, Inc., et al

Superior Court, King County, Washington State
Leading defense of Quarterra Multifamily Communities LLC and Quarterra Living LLC in multi-defendant litigation alleging algorithmic price fixing in Washington state, brought by the Washington Attorney General.

State of Arizona v. RealPage, Inc., et al

Superior Court, Maricopa County, Arizona
Led defense of Weidner Property Management LLC in litigation alleging algorithmic price fixing in Arizona state court, brought by the Arizona Attorney General Kris Mayes. Obtained dismissal of Weidner with prejudice, with no admission of wrongdoing.

Olean v. Tri-Marine International, Inc. and Mathews v. Tri-Marine International, Inc.

U.S. District Court for the Southern District of California
Led defense of Tri-Marine in multidistrict, multidefendant class action litigation alleging collusion between manufacturers of packaged seafood products to fix prices. Obtained dismissal of Tri-Marine without motion practice or monetary settlement.

Costco Wholesale Corporation v. Johnson & Johnson Vision Care

U.S. District Court for the Middle District of Florida
Represented Costco Wholesale in multidistrict litigation involving alleged price-fixing agreements in violation of state and federal laws. Successfully resolved matter after defeating a motion to dismiss.

CollegeNET, Inc. v. The Common Application, Inc.

U.S. District Court for the District of Oregon
Represented plaintiff in case challenging exclusive dealing and monopoly maintenance in online college application processing services market. Achieved successful settlement.

Costco Wholesale Corporation v. Hoen, et al.

U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Western District of Washington
Plaintiff's counsel in antitrust and constitutional challenge to state laws governing the sale and distribution of wine and beer. Costco prevailed at trial. The Ninth Circuit affirmed the invalidity of some of the regulations but reversed as to others. In a separate appeal, Costco prevailed on its argument that an association of wine and beer distributors that had intervened in the case could be held jointly liable for Costco’s attorney’s fees. 407 F. Supp. 2d 1234 and 1247 (W.D. Wash. 2005); 522 F.3d 874 (9th Cir. 2008); 538 F.3d 1128 (9th Cir. 2008). In 2009, the district court awarded Costco $2 million in fees and costs.

HTC v. Ericsson

ICC Arbitration
Leading cross-office and cross-disciplinary team on behalf of HTC challenging whether Ericsson’s licensing of cellular standard essential patents for smartphones violated Sections 1 and 2 of the Sherman Act, Ericsson’s fair, reasonable, and nondiscriminatory (FRAND) obligations, the parties’ license agreement, or resulted in unjust enrichment.

HTC v. Ericsson

U.S. Court of Appeals for the Fifth Circuit
U.S. District Court for the Eastern District of Texas
Representing HTC in litigation challenging whether Ericsson’s licensing of cellular and Wi-Fi standard essential patents (SEPs) for smartphones complied with requirements of U.S. antitrust law and Ericsson’s FRAND commitments to standard setting organizations.

TriQuint Semiconductor Inc. v. Avago Technologies, Ltd., et al.

U.S. District Court for the District of Arizona
Represented plaintiff and counterclaim defendant TriQuint Semiconductor, a manufacturer of high-performance RF solutions used in wireless communications, in successful antitrust, patent, and trade secret case involving bulk acoustic wave technology. The antitrust case challenged patent acquisitions and anticompetitive conduct under Clayton Act § 7 and Sherman Act § 2. The case settled after successful summary judgment rulings.

Anacor Pharmaceuticals v. Valeant Pharmaceuticals Inc.

JAMS Arbitration in San Francisco, CA
Obtained an award of $100 million plus fees and costs for pharmaceutical company in an arbitration involving trade secret misappropriation, breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair competition claims.

Rearden LLC v. Rearden Commerce Inc.

U.S. District Court for the Northern District of California
Represented technology incubator in trademark, trade name, cybersquatting, and unfair competition claim in federal court; obtained two preliminary injunctions restricting defendant’s internet activity.

Acquisition by T-Mobile

Represented T-Mobile in the acquisition of Sprint.

Advice to clients

Advise clients on antitrust compliance, transactions, pricing and marketing practices, no-poach and labor markets, and trade organization participation.

Distribution Counseling

Provide advice to manufacturers, distributors, and retailers with respect to pricing and discount policies, distribution programs, loyalty programs, exclusivity programs, cooperative advertising programs, and related issues.

Strategic Alliances and Joint Ventures

Provide counsel to joint ventures and joint venture/strategic alliance members with respect to formation and operation issues in aerospace, digital publication, food service, financial services, and manufacturing industries.

T-Mobile USA, Inc. v. Lycamobile USA, Inc.

Superior Court of the State of Washington
Led case on behalf of T-Mobile in a breach of contract claim, with antitrust counterclaims filed by the defendant, against a wholesale provider. Both the claims and counterclaims were successfully resolved through settlement.

In re Prepaid Wireless Group

U.S. Bankruptcy Court for the District of Maryland
Led case on behalf of T-Mobile in Prepaid Wireless Group’s (“PWG”) Chapter 11 bankruptcy filing. T-Mobile asserted several claims against PWG and PWG sought a set-off—asserting that T-Mobile had breached the covenant of good faith and fair dealing—and sought to modify the parties’ contract. The case culminated in an 8-day confirmation hearing. The court awarded T-Mobile the full value of its unpaid invoices, denied PWG’s set-off defense, and did not modify the parties’ contract.

State of Washington v. Playtika Santa Monica, LLC., et al

Superior Court, King County, Washington State
Led defense of Plarium, LLC in litigation brought by the State of Washington alleging online games violate the Washington Consumer Protection and Washington Gambling Act. Negotiated and obtained dismissal with prejudice with no admission of wrongdoing or monetary settlement.

Grand Jury Subpoena Duces Tecum

Represented Mapei Corporation in responding to a Department of Justice (“DOJ”) grand jury subpoena relating to an investigation of possible collusion, including price-fixing, in the concrete and cement admixtures (“CCA”) industry. DOJ terminated its investigation without any findings adverse to Mapei.

Grand Jury Subpoena Duces Tecum

Represented several government contractors in responding to DOJ grand jury subpoenas related to an investigation of possible collusion, including bid rigging and price fixing.