Antitrust Trends: M&A and Employer-Employee Relations

David Higbee

Partner

David Higbee is a partner in the Antitrust practice, Global Antitrust Practice Group Leader, Head of the Washington, D.C. Office, and Americas Regional Managing Partner.

He focuses on antitrust government and internal investigations, merger reviews, and complex litigation matters. He has represented clients in varied industries including defense, oil and gas, financial services, and technology. David works regularly on matters before the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice.

David previously served at the Department of Justice as Deputy Assistant Attorney General and Chief of Staff of the Antitrust Division. In that capacity, he advised the Assistant Attorney General on all matters related to the enforcement of the U.S. antitrust laws and oversaw investigations, civil litigation, and criminal prosecutions. At the Department of Justice, David also served as Deputy Associate Attorney General, and as Counsel to the U.S. Attorney General and White House Liaison. He was designated a Special Assistant U.S. Attorney. David led transition planning for the Antitrust Division during the change in Administrations between 2016-2017.

David also served at the White House under President George W. Bush as Special Assistant to the President and Associate Director for Presidential Personnel, advising the President on the appointment of senior officials throughout the Executive branch.

David has been recognized by Chambers & Partners, with clients stating “He provides very sound practical advice in complicated situations, he is perfectly responsive and he really understands the antitrust world. He’s a superb practitioner.” “He has exceptional judgment.”

Clients surveyed by The Legal 500 reported “David Higbee is exceptionally responsive, creative, and practical. He is able to assemble fit-for-purpose teams and deliver outstanding results.”

Todd Stenerson

Partner

Todd M. Stenerson is a partner in the firm’s Litigation practice.

Representing both plaintiffs and defendants throughout the courts of the U.S., Todd has played a leading role in matters of importance for decades. In addition to his extensive antitrust, multi-district litigation, and arbitration experience, he has handled investigations by the U.S. Department of Justice’s Antitrust Division and the U.S. Securities and Exchange Commission. As part of his complex commercial litigation background, he also has handled several dealer terminations and RICO cases, as well as business torts, breach of contract, and ERISA cases.

AV Preeminent-rated by Martindale-Hubbell and a BTI Client Service All-Star, Todd routinely garners praise from clients, peers, the judiciary, and industry-leading publications. Most recently, Todd was again ranked by Chambers & Partners, with sources noting that “he’s extremely knowledgeable and he’s very good on his feet as an oral advocate.” In each of the last four years, Benchmark Litigation has shortlisted him for “Antitrust Litigator of the Year” in addition to naming him both a “National Practice Area Star” and a “Local Litigation Star.” He has also been touted for his litigation skills by The Legal 500. Clients have described Todd to these publications as being “very strategic” and “a great trial lawyer” who is “amazingly talented, articulate, confident, and a tenacious fighter.” Recognized for his versatility and ability to adapt to the needs of a given situation, clients also note that he is “very collaborative” and that, “with these big mega-cases, you think about trial or settlement, but Todd is taking depositions, making decisions, really thinking about how this is going to play out in trial. That’s not something you see every day.”

Rachel Mossman Zieminski

Partner

Rachel Mossman Zieminski is a partner in the Antitrust practice. She focuses on representing plaintiffs and defendants in domestic and international disputes at the trial and appellate level and in multidistrict litigation. These cases have included complex commercial, antitrust, corporate governance, RICO, and class action claims. Most recently, Rachel played a key role in the representation of a contact lens retailer in a matter involving class action antitrust allegations, in which she obtained a favorable resolution for her client. Rachel has also worked on numerous other litigation matters spanning a variety of industries, including healthcare, energy, and financial and consulting services.

In addition, Rachel recently co-authored a chapter titled “USA: Competition Litigation 2020,” for the International Comparative Legal Guide to Competition Litigation 2020, detailing how competition rules are enforced in the United States.