James H. Mutchnik, P.C. - Partner

• Antitrust & Competition
• White Collar Criminal Defense & Securities Enforcement

• 1989, Illinois

• Law Clerk to the Honorable J. William Ditter, Jr., United States District Judge, Eastern District of Pennsylvania (1989-1991)

• Northwestern University School of Law, J.D., 1989

  
  1989, Wigmore Key Award

  1988, 1989 Dean's List

  1989 Chairman, Julius H. Miner Moot Court Competition

  Co-Chairman, Student Bar Association Community Services Committee

• Wharton School of the University of Pennsylvania, B.S., Economics, 1986

New eDiscovery Opinion Offers Broad View of Companies’ Duty to Preserve Information
On January 15, 2010, Judge Shira Scheindlin of the Southern District of New York issued an extensive opinion holding that companies may be presumed to have spoliated evidence if they did not take certain steps in preserving or collecting documents. Pension Comm. of the Univ. of Montreal Pension Plan, et al., v. Banc of Am. Sec., LLC, et al., No. 05-9016 (S.D.N.Y. Jan. 15, 2010) (“Pension Committee”). While the opinion is not precedential outside of Judge Scheindlin’s court, it is likely to be persuasive in other courts, as Judge Scheindlin wrote the influential Zubulake opinions and is a leading authority on electronic discovery issues. Department of Justice Announces That Antitrust Division Will Begin More Aggressive Antitrust Enforcement Campaign
On May 12, 2009, the newly confirmed Assistant Attorney General for Antitrust, Christine Varney, discussed Department antitrust enforcement plans during a speech to the U.S. Chamber of Commerce in Washington, D.C. In the speech, Ms. Varney repeatedly promised that the Department of Justice would be increasing its antitrust enforcement efforts, in both the civil and criminal arenas. The Volume of Commerce Enigma
James Mutchnik, Christopher Casamassima and Brenton Rogers authored this article regarding rising fines imposed upon corporate antitrust defendants by the U.S. Department of Justice Antitrust Division. Cartel Investigations: Selective Disclosures and Privilege Preservation by the Target Company Seller
James Mutchnik, Colin Kass and David Spiegel co-authored this article about disclosures in antitrust cases. United States v. Hynix Semiconductor, Inc.: Opening the Door to the Inability-to-Pay Defense?

James Mutchnik and Christopher Casamassima co-authored this piece about Hynix Semiconductor Inc. pleading guilty to fixing the prices of DRAM chips and the effects of this case on future criminal antitrust negotiations.

FTC Examines Interlocking Directorates - November 2004

This alert describes the legal risk where a private equity or other firm with two or more portfolio companies in the same industry has a fund executive on the boards of these companies, even where different fund executives serve on the boards and the executives make no effort to coordinate.

Harder to Prosecute?
Tefft Smith, James Mutchnik, and Scott Abeles discuss the impact that the Supreme Court's decision in Blakely v. Washington will have on the Justice Department's Antitrust Division's ability to secure the huge fines that it uses as a primary tool of intimidation.   Finding the Right Price
The Antitrust Criminal Penalty Enhancement and Reform Act seeks to augment the Department of Justice's already successful methods for bringing down price-fixing cartels. Kirkland antitrust partners Tefft Smith and James Mutchnik, and associate Scott Abeles examine the implications of this Act and suggest that further reform may be needed. Fox in the Hen House
Kirkland & Ellis partner James H. Mutchnik reviews two recent books focusing on the price fixing controversy at ADM.