Sean Royall, P.C.

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.

Partner, Gibson Dunn & Crutcher LLP

• Co-chair, Antirust and Competition practice group
• Co-chair, Privacy, Cybersecurity and Consumer Protection practice group