Overview
Sean Royall is a partner in Kirkland’s Dallas and Washington, D.C., offices and focuses on antitrust and consumer protection from both the litigation and government investigations perspectives.
Sean previously served in a high-level position at the Federal Trade Commission (FTC), as the Deputy Director of the FTC’s Bureau of Competition, where he played a prominent role in shaping and overseeing the agency’s antitrust enforcement agenda. In that capacity, Sean supervised the FTC’s investigations of many major mergers and acquisitions and also served as lead trial counsel in a landmark patent-related monopolization suit the FTC brought against computer chip designer Rambus Inc. Since leaving the government and returning to private practice in 2003, in addition to his decades of distinction as a nationally prominent antitrust attorney, Sean has become one of the leading lawyers in the country handling complex consumer protection matters involving marketing and advertising practices, privacy, and data security, often in relation to investigations and enforcement actions brought by the FTC and state attorneys general.
Signaling the breadth and scope of his practice, Sean recently served as lead counsel for Facebook in connection with the FTC’s extensive investigation of Facebook’s privacy-related practices (a publicly announced settlement of this matter is presently pending judicial approval) and in 2018, representing AT&T, was a member of the trial team that successfully defended the company’s $85 billion acquisition of Time Warner against the Department of Justice’s lawsuit challenging that transaction. In addition to his trial-level litigation work, Sean has handled and argued multiple appeals in circuit courts around the country.
Drawing upon his decades of experience in antitrust, consumer protection, federal court litigation, and government investigations, Sean regularly counsels clients on a wide range of strategic and compliance-related issues, including mergers, joint ventures, pricing and distribution practices, strategic patent and intellectual property issues, advertising, marketing and e-commerce strategies, data security, and privacy compliance. Sean is also a frequent author on cutting-edge legal issues arising in the highly dynamic areas in which he practices.
Sean has been ranked Band 1 in Antitrust by Chambers USA for nearly two decades, and is described by Chambers as an “extremely talented lawyer and an exceptional litigator.” He has also received multiple “Lawyer of the Year” distinctions from The Best Lawyers in America, and has been included by Law360 on a select list of national Antitrust “MVPs,” among other distinctions.
Experience
Representative Matters
Litigation
In re Restasis Antitrust Litigation (E.D.N.Y.): Currently lead counsel for Allergan in this consolidated MDL antitrust putative class action involving complex patent- and FDA-related monopolization claims predicated on allegations of delayed entry of generic drugs. Recently argued against class certification and a ruling on that issue is still pending.
U.S. ex rel. Silbersher v. Allergan (N.D. Cal.): Currently lead counsel for Allergan in this False Claims Act litigation in which a private relator seeks to assert claims of alleged fraud against the government predicated on a patent-related antitrust theory rooted in assertions of delayed generic drug entry.
U.S. v. AT&T (C.D. Cal.): Lead antitrust counsel for AT&T in this suit in which DOJ asserted that AT&T’s DirecTV unit engaged in improper coordination and information sharing relating to pay TV distributors’ negotiations with the provider of sports-related television content; case settled on highly favorable terms after full briefing of AT&T’s motion to dismiss and days before the scheduled argument on that motion.*
FTC v. Lending Club (N.D. Cal.): Currently lead counsel for Lending Club in this suit in which the FTC asserts multiple consumer protection-based claims relating to Lending Club’s marketing and advertising practices and privacy-related compliance.
U.S. v. AT&T (D.D.C.): Played an important role addressing key expert issues on the trial team in this recent landmark case in which AT&T defeated a DOJ-led antitrust challenge to the company’s $85 billion acquisition of Time Warner, an outcome that was later affirmed on appeal in the D.C. Circuit.*
SureShot v. Topgolf (S.D. Tex. & 5th Cir.): Lead counsel for Topgolf in this competitor monopolization suit; obtained full dismissal of all claims by district court and unanimous affirmance.*
Cipla v. Amgen (D. Del. & 3d Cir.): Currently lead counsel for Amgen in this monopolization suit brought by a generic drug competitor; argued preliminary injunction motion and participated in later interlocutory appeal.
Shire v. Allergan (D. N.J.): Lead counsel for Allergan in this competitor monopolization suit involving claims of unlawful pricing and bundling practices; argued successful motion to dismiss.*
Hartig v. Allergan (D. Del. & 3d Cir.): Lead counsel for Allergan in this putative antitrust class action asserting that Allergan delayed generic entry through alleged “product hopping”; argued successful motion to dismiss and later defended that ruling through oral argument before the Third Circuit; case was settled on highly favorable terms after remand to district court.*
Apotex v. Allergan (D. Del.): Lead counsel for Allergan in this competitor monopolization suit predicated on claims of unlawful “product hopping”; obtained highly favorable settlement after the close of fact and expert discovery.*
Amphastar v. Sanofi-Aventis (C.D. Cal.): Lead counsel for Sanofi in this competitor monopolization suit asserting patent- and FDA-related antitrust claims; successfully argued for dismissal of all claims.*
U.S. ex rel. Amphastar v. Sanofi-Aventis (C.D. Cal & 9 Cir.): Lead counsel for Sanofi in this suit in which a competing generic drug company, having had its own antitrust claims dismissed, sought to assert related False Claims Act claims as a purported relator; case was fully dismissed by the district court and the outcome was affirmed by the Ninth Circuit.*
FTC v. Commerce Planet (9th Cir.): Counsel for former Commerce Planet CEO in this FTC consumer protection suit in which the client, represented by prior counsel, was subjected to a judgment with significant personal liability.*
Stanwood v. Mary Kay Cosmetics (C.D. Cal.): Lead counsel for Mary Kay in this putative class action case alleging fraud and unfair competition relating to the company’s prior participation in industry pledge not to conduct animal-based testing; obtained full dismissal of all claims.*
Avery Dennison v. 3M Corp. (D. Minn.): Lead counsel for 3M in this competitor antitrust suit alleging that 3M monopolized markets through wrongful patent-related conduct in the context of industry standard-setting activities; case settled on highly favorable terms following the close of fact and expert discovery.*
In re Wellbutrin XL Antitrust Litigation (E.D. Pa.): Lead counsel for Biovail in this antitrust class action alleging patent-related monopolization and conspiracy claims.*
In re Ditropan XL Antitrust Litigation (N.D. Cal.): Lead counsel for Johnson & Johnson (J&J) in this putative class action alleging that J&J had engaged in improper patent- and FDA-related conduct to improperly delay entry by competing generic drugs; successfully argued for dismissal of all claims.*
Todd v. Exxon, et al. (S.D.N.Y.): Lead antitrust counsel for Phillips Petroleum in this putative antitrust class action alleging conspiracy claims based on asserted improper sharing of salary and benefits information.*
Neon Systems v. BMC Software (Tex. Civ.): Lead antitrust counsel for BMC Software in this competitor suit alleging that BMC had monopolized markets through unlawful pricing and bundling practices; case settled favorably shortly before trail.*
Atlantic Coast Airlines v. Mesa Airlines (D.D.C.): Counsel for Atlantic Coast Airlines in this successful antitrust action obtaining a preliminary injunction barring United Airlines and Mesa Airlines from proceeding with contemplated business arrangement.*
Union Carbide v. Montedison (S.D.N.Y.): Counsel for Union Carbide in suit alleging that Montedison and others engaged in a conspiracy to monopolize worldwide markets for polypropylene licensing rights; obtained favorable settlement ranking among the largest known private antitrust settlements at the time.*
Continental Airlines v. American Airlines (S.D. Tex.): Counsel for American Airlines in this suit alleging improper predatory pricing relating to American’s introduction of a new fare structure; obtained favorable jury verdict.*
Government Investigations
AT&T/Time Warner: Counsel for AT&T in connection with DOJ investigation of the company’s successful $85 billion acquisition of Time Warner.*
AT&T/DirecTV: Counsel for AT&T in connection with DOJ investigation of the company’s successful $48 billion acquisition of DirecTV.*
Facebook: Lead counsel for Facebook in connection with recent FTC investigation of whether the company failed to comply with prior 2012 consent order prescribing certain privacy-related standards and practices (consent decree settlement pending court review); also lead counsel for the company in connection with the prior 2012 FTC privacy investigation.*
Bazaarvoice: Lead counsel for Bazaarvoice relating to DOJ antitrust and compliance investigations.*
Ticketmaster/LiveNation: Lead counsel for Ticketmaster in connection with DOJ investigation of the company’s $2.5 billion acquisition of LiveNation.*
Williams Cos.: Lead antitrust counsel for Williams in connection with proposed $38 billion acquisition by Energy Transfer Equity LP.*
Leon Max/Max Studios: Lead counsel for Max Studios in connection with FTC investigation of asserted violations of prior FTC consent order imposing restrictions on advertising of textile content of retail garments.*
ValueClick: Lead counsel for ValueClick in connection with FTC consumer protection claims involving various privacy and online advertising issues.*
Allergan: Lead counsel for Allergan in connection with FTC investigation of the company’s successful $3.2 billion acquisition of Inamed Corp.*
Watson Wyatt: Lead counsel for Watson Wyatt in connection with DOJ investigation of the company’s successful $3.5 billion acquisition of Towers Perrin.*
United Defense: Lead counsel for United Defense in DOJ investigation of BAe’s successful $4.2 billion acquisition of UDI.*
Ancestry.com: Lead counsel for Ancestry.com in connection with FTC investigation of the company’s successful acquisition of Archive.com.*
Endocare: Lead counsel for Endocare in connection with FTC investigation of proposed merger with Galil Medical.*
Diedrich Coffee: Lead counsel for Diedrich in FTC investigation of successful merger with Green Mountain Coffee Roasters.*
*Prior to joining Kirkland
**Numerous other representations as lead counsel in non-public government investigations, including many FTC consumer protection matters, where successful results leading to closures of the investigations caused them to remain non-public matters.
Clerk & Government Experience
Deputy Director, Federal Trade Commission Bureau of Competition, 2002–2003
Law ClerkHonorable Patrick E. HigginbothamUnited States Court of Appeals for the Fifth Circuit1990–1991
Special Assistant for State ProjectsU.S. Senator Phil Gramm (Texas)1986–1987
Prior Experience
Partner, Gibson Dunn & Crutcher LLP
- Co-chair, Antirust and Competition practice group
- Co-chair, Privacy, Cybersecurity and Consumer Protection practice group
More
Thought Leadership
Press Mentions
“By the Numbers: 5 Practices That Could Drive Big Law in 2021,” Bloomberg Law, Dec. 23, 2020
"'Hipster Antitrust’ Comes for Joe Biden," New York Times, Nov. 13, 2020
Publications
M. Sean Royall, Richard H. Cunningham, et al., Unpacking the New FTC/DOJ Draft Vertical Merger Guidelines, WLF Legal Pulse, Mar. 9, 2020
M. Sean Royall, Richard H. Cunningham, Olivia Adendorff, and Ashley Rogers, Seventh Circuit Sets Up Potential Supreme Court Review of FTC Monetary Relief Authority, ABA Antitrust Magazine, Dec. 12, 2019
M. Sean Royall, Richard H. Cunningham, et al., Next Stop, Supreme Court? Seventh Circuit Goes Its Own Way on FTC’s Authority to Obtain Monetary Relief, WLF Legal Pulse, Sept. 3, 2019
M. Sean Royall, Richard J. Cunningham, et al., Taking Stock of FTC Cybersecurity Enforcement After the Equifax Settlement, WLF Legal Pulse, Aug. 7, 2019
M. Sean Royall, Blaine H. Evanson, et al., Ninth Circuit Judges Call for En Banc Review of FTC’s Authority to Obtain Monetary Relief, WLF Legal Pulse, Jan. 15, 2019
M. Sean Royall, Richard H. Cunningham, et al., Lessons from FTC’s Loss in, and Subsequent Abandonment of, DirecTV Advertising Case, WLF Legal Pulse, Oct. 23, 2018
M. Sean Royall, Richard H. Cunningham, and Ashley Rogers, Are Disgorgement’s Days Numbered? Kokesh v. SEC May Foreshadow Curtailment of the FTC’s Authority to Obtain Monetary Relief, ABA Antitrust Magazine, Spring 2018
M. Sean Royall and Richard H. Cunningham, Will Kokesh v. FTC Put a Kink in the Federal Trade Commission’s Disgorgement Hose? WLF Legal Pulse, July 10, 2017
M. Sean Royall, Ashley Johnson, and Jason McKenney, Antitrust Scrutiny of Pharmaceutical Product Hopping, ABA Antitrust Magazine, Fall 2013
M. Sean Royall, When Mergers Become a Private Matter: An Updated Antitrust Primer, ABA Antitrust Magazine, Spring 2012
M. Sean Royall and Adam J. Di Vincenzo, Evaluating Mergers Between Potential Competitors Under the New Horizontal Merger Guidelines, ABA Antitrust Magazine, Fall 2010
M. Sean Royall and Joshua Lipton, The Complexities of Litigating Generic Drug Exclusion Claims in the Antitrust Class Action Context, ABA Antitrust Magazine, Spring 2010
M. Sean Royall, Ashley E. Johnson & Malachi Boyuls, Change?: Merger Enforcement in the New Administration, 47 The Advocate 54, Summer 2009
M. Sean Royall, Amanda Tessar, Adam J. Di Vincenzo, Deterring “Patent Ambush” in Standard Setting: Lessons from Rambus and Qualcomm, ABA Antitrust Magazine, Summer 2009
M. Sean Royall and Adam J. Di Vincenzo, The FTC’s N-Data Consent Order: A Missed Opportunity to Clarify Antitrust in Standard Setting, ABA Antitrust Magazine, Summer 2008
M. Sean Royall and Sarah Vollbrecht, Avoiding the Scarlet "S": The Modern Challenges of Document Preservation and Destruction, The American Lawyer, June 2005
M. Sean Royall, The Art of Destruction, The American Lawyer, September 2004
M. Sean Royall, Standard Setting and Exclusionary Conduct: The Role of Antitrust in Policing Unilateral Abuses of a Standard-Setting Process, 18 Antitrust 44, 2004
D. Bruce Hoffman and M. Sean Royall, Administrative Litigation at the FTC: Past, Present, and Future, Antitrust Law Journal, 2003
M. Sean Royall & Seth M.M. Stodder, Noerr Immunity for Sponsoring Litigation: From Burlington Northern to Baltimore Scrap, 15 Antitrust 47, 2001
M. Sean Royall, Coping with the Antitrust Risks of Technological Integration, Antitrust Law Journal, 2000
M. Sean Royall, Disgorgement of Antitrust Damages, Antitrust Law Journal, 1997
M. Sean Royall, Post-Chicago Economics, 63 Antitrust L. J. 445, 1995
Recognition
Chambers Global, Competition/Antitrust (USA), 2020
Chambers USA, Band 1 for Antitrust, 2007–2019
BTI Client Services, All-Star List, 2017
The Best Lawyers in America, Antitrust Lawyer of the Year, 2015, 2018
The Best Lawyers in America, Litigation: Antitrust Lawyer of the Year, 2019
Law360, National Antitrust MVP, 2015
National Law Journal, Mergers & Acquisitions and Antitrust Trailblazer, 2015
Benchmark Litigation, Litigation Star (Antitrust, Appellate, General Commercial)
Who’s Who Legal, Global Leader in Antitrust
LMG Life Sciences, Life Science Star in Competition and Antitrust, 2018–2019
Credentials
Admissions & Qualifications
- 1991Texas
- 1997District of Columbia
Education
- University of Chicago Law SchoolJ.D.cum laude1990
Managing Editor, University of Chicago Law Review
Tony Patiño Fellowship
- Texas A&M UniversityB.S., Economicsmagna cum laude1986
Student Body President
Alfred Chalk Award (top graduate in economics)