Alert 12.12.24
A General Counsel’s Guide to the New HSR Rules
As of February 10, 2025, the Hart-Scott-Rodino premerger notification rules will require significantly more compliance work from transacting parties.
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Michael is a detailed and trusted advisor who solves complex and technical problems.
Coming from a math and science background, Michael understands the details of your business. In addition to complex commercial litigation in a variety of fields, he represents companies in merger clearance reviews and litigation and counseling in antitrust and consumer protection matters. He has successfully represented clients during premerger clearance investigations and second requests under the Hart-Scott-Rodino Act before both the Department of Justice and the Federal Trade Commission, in addition to handling subpoenas and civil investigative demands from both agencies relating to both transactional and conduct-related antitrust and consumer protection concerns. During investigations, in court or arbitration, and on appeal, Michael has extensive experience guiding company strategy in all phases of disputes towards favorable results. From bet-the-company litigation to advising startups on their first contracts, Michael guides clients around legal obstacles and identifies winning strategies in litigation and transactional matters.
Representative Experience
- Represented Luxottica, a major optical and eyewear brand, during a vertical merger investigation by the FTC, obtaining unanimous and unconditional clearance for a $56 billion merger agreement with Essilor.
- Successfully defended major nuclear energy vendor in ICC arbitration involving alleged gross negligence in connection with a leak at the San Onofre Nuclear Generating Station (SONGS). After defeating claims exceeding $7 billion, recovered fees and costs in excess of $58 million as the “prevailing party.”
- Completely successful defense of the Infectious Diseases Society of America, the preeminent professional society for infectious diseases, in defending their clinical practice guidelines for Lyme disease from antitrust, RICO, misrepresentation and fraud claims brought by plaintiffs seeking to change the guidelines due to their disagreement with their recommendations. The dismissal of claims was upheld by the Fifth Circuit, affirming the ability of professional medical societies to issue evidence-based medical practice guidelines to assist in patient care and treatment, without being subjected to the chilling effect of potential judicial review.
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- Directly negotiated FTC consent decree for a minimum civil penalty in unfair competition and false advertising investigation against consumer electronics company.
- Lead counsel in employee-poaching and trade secret theft litigation against a key competitor, securing non-compete covenants in settlement to bolster renewal prospects on client’s most important $1 billion contract.
- Represent clients in proceedings regarding the distribution of copyright royalties before the Copyright Royalty Board, including in evidentiary hearings, contesting econometric expert testimony, and on appellate review before the DC Circuit.
- Complete trial victory, including recovery of attorneys’ fees, to recover disputed tax payments following the sale of client’s business in a $250 million transaction.
- Obtained complete dismissal of $10 million attorneys’ fees claims brought by prevailing parties in environmental litigation in the Central District of California.
- Represent various government contractors in sub-prime disputes relating to payment adjustments.
- Represent large employer defending a series of wage and overtime claims, using statistical analysis of time entries and task logs to defend against inflated time claims. Resulting analysis justified settlements for 10% of plaintiffs’ initial claims.
- Represented Japanese auto parts companies in class action multidistrict litigation alleging antitrust violations.
- Defended celebrity chef Geoffrey Zakarian in contract dispute with the Trump Organization following his withdrawal from plans to open a restaurant in the Trump Old Post Office hotel, including drafting motion resulting in deposition of then-presidential candidate Donald Trump.
- Represented the American Council of the Blind in a discrimination lawsuit against DC-area cab companies. The parties agreed to create an accessibility initiative to improve taxicab access for the blind and funded testing to ensure driver compliance.
Professional Highlights
Honors & Awards
- Super Lawyers, Washington, DC, Rising Star, Antitrust Litigation & General Litigation (2020 – 2023)
- Recognized by Best Lawyers: Ones to Watch (published by BL Rankings LLC) for Litigation – Environmental (2023 – 2025)
- Washington Lawyers’ Committee Outstanding Achievement Award (2016)
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- Capital Pro Bono High Honor Roll (2014 – 2022)
- Prior to law school, won several awards leading the University of Maryland Mock Trial team, including a National Championship in 2008.
- Associations
- Hispanic Bar Association of DC
- Hispanic National Bar Association
- Washington Lawyers’ Committee, Associate Trustee
- American Bar Association
Education
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J.D., Georgetown University Law Center, 2014
B.S., University of Maryland, 2011
Admissions
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Virginia
District of Columbia
Courts
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U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of Virginia
U.S. District Court for the Western District of Virginia
U.S. District Court for the District of Maryland
U.S. District Court for the Eastern District of Michigan