James H. Mutchnik, P.C. - Partner

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James H. Mutchnik, P.C.

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Chicago
Phone: +1 312-862-2350
Fax: +1 312-862-2200
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Professional Profile

Representing corporate and individual clients in antitrust and white collar crime defense matters and related commercial litigation matters in federal and state courts throughout the United States and before a variety of federal and state investigative agencies, including the Antitrust Division, United States Department of Justice, the Federal Trade Commission, United States Attorney's Offices and the Securities and Exchange Commission. In the antitrust area, litigating various matters ranging from alleged price fixing to price discrimination and representing clients in dealing with the antitrust aspects of mergers, acquisitions and joint ventures. Counseling a wide range of small and large companies in diverse industries on pricing, marketing, distribution and dealer termination issues. White collar crime defense and internal investigation matters cover price fixing, accounting fraud, FCPA violations, securities fraud and insider trading, public corruption, environmental crimes and other corporate crime issues. Annually (2003-2013) recognized by Chambers USA as one of America's Leading Business Lawyers in Antitrust. Since 2009, James has been recognized as a leading lawyer by The International Who's Who of Competition Lawyers and Economists. He has been recognized as an "Illinois Super Lawyer" by Super Lawyers magazine every year since 2006. In 2012 and 2013, he was selected as a leading lawyer in Chambers Global for Antitrust. He was also recognized in the 2012 and 2013 editions of The Legal 500 U.S. for his "practical advice and superb service" in the area of Antitrust. James is the head of Kirkland's e-discovery training program for attorneys and legal assistants Firmwide.


Representative Matters

Antitrust:

Agricore United (DOJ). Represented Agricore in the United States related to competing transactions involving two of its industry competitors. Secured clearance of both offers in the U.S., allowing for Agricore's successful sale to Saskatchewan Wheat Pool.

Bain Capital (FTC). Represented Bain in securing antitrust clearance of its acquisition, with two other partners, of Toys R' Us, a deal valued in excess of $8 billion. Lead antitrust counsel for all Bain matters handled by Kirkland, including Bain's acquisition of Clear Channel.

Bank One (DOJ Antitrust). Represented Bank One in connection with the Oracle-PeopleSoft acquisition.

Bently Nevada Corporation (DOJ Antitrust). Lead antitrust counsel for Bently Nevada before the Antitrust Division during a successful clearance litigation relating to Bently Nevada's acquisition by General Electric.

Cambridge Protection Industries (FTC). Lead counsel for Cambridge Protection, and its subsidiary SecurityLink, during the FTC's review of ADT's acquisition of Cambridge, a provider of electronic security services. The merger combined the top two service providers in the industry.

Cellnet Technology (FTC). Lead counsel for Cellnet, a provider of advanced meter reading services to utilities, in its $705 million sale to Bayard Group.

ConcordEFS (DOJ Antitrust). Represented, as lead antitrust counsel, ConcordEFS in its $7 billion merger with First Data Corporation.

Conso International Corp. (FTC). Represented sewing pattern company in its acquisition of competitor in a preliminary injunction action brought by the FTC to challenge the transaction.

Dean Foods Company (DOJ Antitrust). Represented Dean Foods on all antitrust matters relating to its completed merger with industry competitor, Suiza. The merged entity had total sales approaching $10 billion.

GMT Group (DOJ Antitrust). Lead antitrust counsel for GMT Group, a money transfer company, in its $350 million sale to First Data Corporation.

Health Care Service Corporation (FTC/U.S. Attorney). Lead antitrust and fraud counsel for HCSC and Blue Cross and Blue Shield of Illinois. Also represented Blue Cross and Blue Shield of Texas on antitrust matters.

Illinois Tool Works. Antitrust counsel on distribution and pricing issues for ITW and its diverse business units.

Navistar International (DOJ Antitrust). Lead antitrust counsel for Navistar International and its subsidiary, International Truck and Engine Corporation, on all antitrust issues, including those arising from the formation and implementation of its medium-duty and severe service truck manufacturing and parts joint ventures with Ford and Caterpillar, its since-abandoned acquisition of General Motors' medium-duty truck business, and its acquisition of Workhorse Custom Chassis.

Orange Glo Int'l. Represented Orange Glo in its sale to Clorox.

Pax Clearing (DOJ Antitrust). Successfully cleared Pax's sale to options, equities and futures clearing competitor, Merrill Lynch.

RoundTable HealthCare Partners (FTC). Represented RoundTable and its portfolio company, Vanguard Medical Concepts, in a merger with single-use medical device reprocessing competitor, Alliance Medical.

Sara Lee Corporation (FTC). Represented Sara Lee before the FTC in its sale of PYA/Monarch, a national foodservice distributor, to U.S. Foodservice.

Signature Flight Support (DOJ Antitrust). Represented Ranger Aerospace, a fixed based operator and flight services company, before the DOJ.

Sun Capital (FTC). Antitrust counsel for all Sun Capital transactions, including its purchase of American Standard, a plumbing fixture market leader, and for Sun Capital's various portfolio companies. Lead antitrust counsel for Sun Capital and its portfolio company, Northland Cranberries, in connection with a closed FTC inquiry into certain transactions between Northland Cranberries and Ocean Spray.

Syniverse Technologies (DOJ Antitrust). Represented Syniverse in its acquisition of industry rival, EDS Interoperability Systems, including merger clearance review.

TetraLaval (FTC). Represented TetraLaval in its acquisition of Carlisle Process Systems, a cheese processing competitor.

Weyerhaeuser (DOJ Antitrust). Represented Weyerhaeuser in connection with its sale of timberlands and saw mills in British Columbia, Canada.

White Collar/Antitrust/Fraud:

Brown & Williamson (DOJ Antitrust). Lead counsel for B&W, a victim of a bid rigging and bribery conspiracy between certain employees of a New York advertising agency and certain print production vendors.

Chiquita Brands LLC (DOJ Antitrust). Represented Chiquita in connection with an inquiry regarding certain practices in Europe and Latin America.

Coast Asset Management (U.S. Attorney, S.D.N.Y./SEC). Represented Coast in connection with the prosecution of former Refco principals.

Dispatch Transportation (FTC). Represented Dispatch in a closed investigation relating to Dispatch's acquisition of construction debris and earth-moving competitors.

DowAgroSciences (DOJ Antitrust). Represented Dow AgroSciences in multiple matters involving its global herbicide and pesticide businesses.

Dow Chemical (DOJ Antitrust). Represented Dow Chemical in connection with a grand jury investigation based in San Francisco relating to the heat and mixed metal stabilizer industry. 

Flying J (Ogden, UT). Represented Flying J in connection with an investigation of its former CEO's unauthorized transfer of corporate funds for personal use.

GKN Automotive (U.S. Attorney, E.D. Mich.). Represented GKN Automotive, a victim of a theft of trade secrets by a former employee.

Hunt Valve Company (U.S. Attorney, N.D. Ohio). Lead defense counsel for Hunt Valve in connection with a federal defense contractor fraud investigation.

Infineon Technologies, AG (DOJ Antitrust). Represented, as lead defense counsel, Infineon in a grand jury investigation and prosecutions of price-fixing in the DRAM industry.

Irving Materials (DOJ Antitrust). Co-counsel for Irving Material relating to a grand jury investigation and prosecutions of a redi-mix concrete road building cartel in Indiana.

Irving Redi-Mix (DOJ Antitrust). Counsel for Irving Redi-Mix in the Antitrust Division's Ft. Wayne, Indiana redi-mix concrete investigation.

Material Sciences Corp. (SEC). Represented Material Sciences in an SEC inquiry regarding the company's FY 2005 internal control weaknesses in financial reporting.

Misao Hioki (DOJ Antitrust). Represented an individual executive in connection with the DOJ's investigation of an alleged cartel and FCPA violations in the marine hose industry.

National Equipment Services (SEC). Represented NES in an SEC investigation into NES' 2000 and 2001 financial reporting restatements.

Navistar International (SEC). Represented Navistar before the SEC regarding its inquiry of certain issuer's pension accounting assumptions.

Reilly Industries (DOJ Antitrust). Represented Reilly in connection with the DOJ's investigation of the binder pitch industry.

QuadGraphics (Milwaukee/Madison, WI). Represented QuadGraphics, the nation's largest privately-held commercial printer, before state and federal investigators in connection with a plant collapse and fire.

ServiceMaster (E.D. Va./W.D. Ky.). Represented ServiceMaster in connection with separate investigations relating to its former nursing home management business.

ServiceMaster (Sweden/Norway). Represented ServiceMaster in defense of a purchase price reduction claim relating to the sale of its former European subsidiaries and in a subsequent Securities and Exchange Commission inquiry.

ServiceMaster (SEC). Represented ServiceMaster in connection with certain trading activities by a former executive.

State Financial Bank (U.S. Attorney, E.D. Wis.). Represented State Financial Bank in a criminal matter relating to a former loan officer's fraudulent lending practices.

Telecom New Zealand (DOJ Antitrust). Represented TNZ, as third-party, in connection with DOJ investigation of alleged Philippine telephone cartel.

Tomas Soto (U.S. Attorney, N.D.N.Y.). Representing an individual under indictment for alleged immigration violations arising from his employment at an international pallet company.

Unisource Worldwide (Canadian DOJ). Represented the parent company in connection with a price-fixing prosecution of its Canadian subsidiary.

Walton Street Capital (SEC). Represented Walton Street in various investigations relating to third-party trading in securities of public real estate investment trusts.

Commercial Litigation:

Abney, et al. v. Quality Service Network et al. (Tulsa, OK). Represented ServiceMaster in a state court action relating to ServiceMaster's operation of a multi-level marketing company.

Bailey Lumber & Supply Co. and 84 Lumber Company v. Georgia-Pacific Corp. et al. (S.D. Miss.). Representing Weyerhaueser in defense of this opt-out action alleging collusion in the manufacture and sale of structural panels.

Budget Pest v. Terminix et al. (W.D.N.C.). Represented Terminix in this $600 million Robinson-Patman Act litigation, which was dismissed as against Terminix after motions to dismiss were filed.

Calvert Funeral Homes et al. v. Nationwide Life Insurance Company et al. (Chicago, IL). Representing Nationwide in this derivative action instituted by individual funeral directors alleging that Nationwide and other insurer defendants improperly sold insurance policies that were unsuitable.

Chevron U.S.A. Inc., et al. v. UOP LLC (S.D. Miss.). Represented UOP LLC, a petroleum technologies company, in a patent infringement and antitrust action.

Dahl et al v. Bain Capital et al (D. Mass.). Representing Bain Capital in defense of litigation alleging collusion among certain private equity firms and investment banks in specific going-private transactions.

Group Health Plan, Inc. et al v. Philip Morris Inc. et al. (D. Minn.). Represented Brown & Williamson Tobacco Corp. in an antitrust and consumer protection action by two health maintenance organizations.

In re Linerboard Antitrust Litigation (E.D. Pa.). Represented two defendants, both linerboard manufacturers, in a private antitrust class action suit. Packaging Corporation of America was the primary client.

In re Marine Hose Antitrust Litigation (S.D. Fla.). Represented an individual in this multi-district price-fixing litigation matter.

In re OSB Antitrust Litigation (E.D. Pa.). Represented Weyerhaeuser in its defense of a multi-billion dollar direct and indirect purchaser class action matter relating to the oriented strand board industry.

In re Transpacific Passenger Antitrust Litigation (N.D. Cal.). Representing EVA Airways in connection with this multi-district litigation putative class action matter alleging price-fixing in the setting of fuel surcharges by certain Transpacific passenger air carriers.

Ivax, et al. v. 3M (S.D. Fla.). Represented 3M in a multi-count federal and state antitrust and consumer protection action relating to medical device patents.

Jeneil v. Fonterra et al.  (Milwaukee, WI). Successfully dismissed antitrust claims filed against Fonterra, New Zealand's largest company, relating to a failed research and development joint venture.

Koloseicke et al. v. 1717 Capital Management Co. (various). Representing 1717, a securities broker-dealer, in defense of certain state law claims initiated by various plaintiffs in court and in FINRA arbitrations.

L.A. Murphy et al. v. Kohlberg Kravis Roberts & Co. et al (S.D.N.Y.) Represented Bain Capital in connection with dismissed complaint alleging collusion in certain private equity consortium transactions.

Machinery Movers et al. v. Nationwide Investment Services Corp. et al.; Sheet Metal Workers Local 218S Pension Fund et al. v. Nationwide Life Insurance Company, et al. (N.D. Ill.). Represented Nationwide in two related cases alleging ERISA and RICO violations.

NAIU and ANICO v. Citibank (N.D. Ill.). Secured summary judgment in favor of Citibank in defense of a UCC conversion action arising from a fraudulent scheme perpetrated by a former NAIU employee.

Relational Funding et al. v. Nationwide Mutual et al. (Chicago, IL). Successfully represented Nationwide Mutual in litigation over claimed rental payments and repair costs on leased computer equipment.

ServiceMaster (Memphis, TN/Portland, OR). Represented ServiceMaster in its enforcement of certain non-compete agreements against three former executives, including throughout two separate trials. Also representing ServiceMaster in an employment litigation with a former employee.

Stanford Group Holdings et al. v. Walton Houston Galleria Office, L.P. (Houston, TX). Representing Walton Street, a private equity firm specializing in real estate transactions, in defense of litigation relating to a failed real estate purchase transaction.

Peter S. Willmott and Willmott Services, Inc. v. Rose Erwin et al. (Chicago, IL). Represented the plaintiffs as victims of a wide-spread, multi-million dollar embezzlement scheme.

Providing continuing or non-public representation, advice and counseling on antitrust, e-discovery, litigation and white collar crime issues to industry leaders, including: American Standard, Aon, Audax, Bain Capital, Chiquita Brands, Coast Asset Management, Code, Hennessy & Simmons, ConcordEFS, Domtar, Dow Chemical, Daniel J. Edelman, Inc., DowAgroSciences, EVA Airways, FMC Technologies, GKN, Golden Gate Capital, GTCR, Health Care Service Corp., Hershey Company, Infineon Technologies, IPSCO, Illinois Tool Works, John Bean Technologies, Kemet, Liberty Partners, Madison Dearborn Partners, Material Sciences, Mutual of Omaha, National Equipment Services, Nationwide Mutual and Nationwide Life Insurance, Navistar International, Northland Cranberries, Oaktree Capital, Orange Glo, Packaging Corporation of America, Polymer Group, QuadGraphics, Reilly Industries, Raytheon, Sara Lee, ServiceMaster, Summit Capital, Sun Capital, Telecom New Zealand, TetraLaval and TetraPak, The Andersons, Toromont Energy Services, Unisource Worldwide, U.S. Power Generation, Walton Street Capital, Weyerhaeuser, W.R. Grace and Zebra Technologies.


Memberships & Affiliations

American Bar Association Antitrust Law Section, Criminal Practice and Procedure Committee -- Co-Chair; Chicago Bar Association Antitrust Law Section -- Former Chairman; International Cartel Task Force Member.

Guest Lecturer -- American Bar Association Antitrust Law Section; Seventh Circuit, District of Columbia, Illinois State and Chicago Bar Associations; American Forest & Paper Association; Law Council of Australia, Business Law Section -- Trade Practices Committee; The Sedona Conference; Minnesota Institute of Legal Education; Canadian Department of Justice; Competition Bureau of Canada; DePaul University School of Law; Georgetown Law School; John Marshall Law School; Loyola University Law School; St. Louis University School of Law; Department of Defense Investigative Agencies; Environmental Protection Agency; Federal Bureau of Investigation; and Canadian Bar Association, Competition Law Section.


Prior Experience

Antitrust Division, United States Department of Justice
Trial Attorney
1991 - 2000

Trial counsel in successful price-fixing and sales allocation prosecution of three former Archer Daniels Midland executives. Coordinated law enforcement, international, sentencing and economic aspects of lysine investigation and prosecutions of all corporate and six individual defendants in the lysine conspiracy, resulting in excess of $120 million in fines and multi-year jail terms. Investigated and prosecuted a wide variety of white collar federal crimes, including antitrust, conspiracy, bribery, mail fraud, obstruction, perjury and wire fraud, in commercial construction, defense, point-of-purchase display and transportation markets. Staff counsel on civil merger investigations in baking, hospital, medical supplies distribution and recreation industries. Received Department of Justice Outstanding Achievement Award, Assistant Attorney General Award of Distinction and Antitrust Division Outstanding Contribution Awards.

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