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 recognized by Chambers USA and Chambers Global as one of America’s Leading Business Lawyers in Antitrust. 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. He was also recognized in recent 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. His work and character were featured in the major motion picture, The Informant, and book of the same name.

Representative Matters

White Collar/Antitrust/Fraud:

Various Auto Parts Industry Executives and Companies (DOJ Antitrust) Representing a number of individual executives and companies in the DOJ Antitrust Division’s auto parts investigation.

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.

CanadaDrugs.com (U.S. Attorney, N. Dak.). Represented CanadaDrugs group of companies in a FDA investigation of the allegedly illegal importation of counterfeit pharmaceuticals.

Chiquita Brands LLC (DOJ Antitrust). Represented Chiquita in connection with a collusion inquiry 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.

Component Hardware Group (DOJ Antitrust). Represented Component Hardware Group through a successful amnesty process with the U.S. and Canadian antitrust authorities.

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

EVA Airways (DOJ Antitrust). Represented EVA Airways, a Taiwan-based airline, in the DOJ’s air cargo investigation.

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

Griffin Pipe (U.S. Attorney, Iowa). Represented Griffin Pipe, a manufacturer of ductile iron pipe, in response to a search and subsequent EPA criminal investigation.

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 (DOJ Antitrust). Represented Infineon in a grand jury investigation and prosecutions of price-fixing in the DRAM industry.

Irving Materials (DOJ Antitrust). Co-counsel for Irving Materials 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 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’ financial reporting restatements and a political contribution inquiry.

Navistar International (SEC). Represented Navistar before the SEC regarding its inquiry of certain issuers’ pension accounting assumptions.

New Silk Route (U.S. Attorney, S.D.N.Y./SEC). Counsel for New Silk Route, a private equity firm specializing in subcontinent investments, in the Galleon insider trading investigation.

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

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

ServiceMaster (U.S. Attorney 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 SEC inquiry.

Simplexity (SEC). Represented Simplexity, a seller of wireless telecommunication devices, in a now-closed investigation of its former senior executives.

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 an alleged Philippine telephone carrier cartel.

TIBC Corporation (DOJ Antitrust). Represented TIBC and certain of affiliates in response to a U.S. DOJ, Antitrust Division investigation of the semiconductor packaging industry.

Timothy Durham (7th Cir.). Representing a convicted white-collar defendant seeking to overturn on appeal his conviction and sentencing.

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

Unisource Worldwide (Canadian DOJ). Represented Unisource 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.

Antitrust:

Agricore United (DOJ). Represented Agricore in the United States in transactions involving two of its industry competitors. Secured clearance of both deals, allowing for Agricore’s successful sale to Saskatchewan Wheat Pool.

Bain Capital (FTC). Represented Bain Capital 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 Capital matters handled by Kirkland, including Bain Capital’s acquisition of Clear Channel.

Cambridge Protection Industries (FTC). Lead counsel for Cambridge Protection, and its subsidiary SecurityLink, during the FTC’s review of ADT’s $1 billion acquisition of Cambridge, a provider of electronic security services.

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

Citadel (DOJ Antitrust). Representing Citadel, a hedge fund, in the antitrust investigation of collusion by certain banks active in the credit default swaps industry.

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.

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

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

Griffin Pipe (FTC). Representing Griffin Pipe, a manufacturer of ductible iron pipe, in a FTC investigation of certain industry activities.

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.

Infor (DOJ Antitrust). Represented Infor, an ERP software provider, in its merger clearance reviews of transactions involving competitors SSAG and Lawson.

Inovis (DOJ Antitrust). Represented Inovis in its sale to industry competitor, GXS.

Kemet (EC). Antitrust counsel to Kemet in connection with its joint venture with a tantalum capacitor competitor in Japan.

Macquarie Global Opportunities Partners/National Express (DOJ Antitrust). Represented Macquarie Global Opportunities Partners in its sale of its Petermann Partners Inc. business to National Express. The DOJ and state AGs cleared the transaction following divestiture.

Navistar (DOJ Antitrust). Lead antitrust counsel for Navistar 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. (FTC). 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 and sale of American Standard, a plumbing fixture market leader, and for Sun Capital’s various portfolio companies.

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.

Triton Media (DOJ Antitrust). Represented Triton in its sale to radio programming competitor, Westwood One.

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

Youbet.com (DOJ Antitrust). Lead antitrust counsel for Youbet.com, an online horse racing advance deposit wagering firm, in its sale to Churchill Downs, Inc., which operates Twinspires, a Youbet.com competitor.

Zebra Technologies (FTC). Represented Zebra in its global acquisition of Motorola symbol.

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.

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

Calvert, et al. v. Illinois Funeral Directors Association, et al. (Chicago, IL). Represented Nationwide Life in securing a dismissal order from litigation alleging fraud in connection with investment advice.

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.

Hitachi Display Products (N.D. Cal). Representing Hitachi’s affiliates as counsel in connection with the TFT-LCD and CRT antitrust litigation matters.

In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.). Representing EVA Airways in connection with this multi-district litigation putative class action matter alleging price-fixing in the setting of base rates and certain surcharges by global air cargo carriers.

In re Linerboard Antitrust Litigation (E.D. Pa.). Represented two defendants, both linerboard manufacturers, in a private antitrust class action suit.

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. and S.D. Miss.). Represented Weyerhaeuser in its defense of a multibillion dollar direct and indirect purchaser class action matters and opt-out claims 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, Wis.). Successfully dismissed antitrust claims filed against Fonterra, New Zealand’s largest company, relating to a failed research and development joint venture.

Kleen Products, et al. v. Packaging Corporation of America, et al. (N.D. Ill.). Represented co-defendant Domtar Corp. in class action litigation alleging antitrust violations in the containerboard industry. Domtar was dismissed from the case.

Koloseicke et al. v. 1717 Capital Management Co. (N.D. Ill.). Represented 1717, a securities broker-dealer, in defense of certain state law claims.

L.A. Murphy et al. v. Kohlberg Kravis Roberts & Co. et al. (S.D.N.Y.) Represented Bain Capital in connection with a 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.

Marion v. Health Care Service Corporation (S.D. Ill.). Representing a health insurer in defense of an exclusive dealing antitrust case.

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 represented ServiceMaster in an employment litigation with a former employee.

Stanford Group Holdings, et al. v. Walton Houston Galleria Office LLP (Houston, TX). Represented Walton Street Capital and its affiliates against groundless breach of contract and specific performance claims initiated as a result of a failed sale of property to Stanford Group.

Sterling Paper v. Domtar Industries (Cincinnati, OH). Represented Domtar, a pulp and paper industry leader, in securing a dismissal of an antitrust conspiracy claim.

Trina Solar Limited (N.D. Ill.). Kirkland represents Trina Solar in antitrust claims brought by Solyndra LLC arising out of Solyndra’s bankruptcy.

Wallach, et al. v. Eaton Corp., et al. (D. Del.). Representing Navistar against conspiracy claims in the heavy-duty truck transmission market.

Peter S. Willmott and Willmott Services, Inc. v. Rose Erwin et al. (Chicago, IL). Represented the plaintiffs as victims of a wide-spread, multimillion 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: Amsted Industries, Audax, Bain Capital, Baxter, Churchill Downs, Domtar, Dow Chemical, Daniel J. Edelman, Inc., Dyson, Golden Gate Capital, GTCR, Health Care Service Corp., Hitachi, John Bean Technologies, Kemet, Madison Dearborn Partners, National Equipment Services, Nationwide Mutual and Nationwide Life Insurance, Navistar, Packaging Corporation of America, Summit Capital, Sun Capital, Tenneco, The Andersons, Toyota Industries, Unisource Worldwide, Walton Street Capital 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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