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| Phone: (212) 808-7756 |
Fax: (212) 808-7897 |
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| Mr. Donovan's practice focuses on commercial litigation, including trials, arbitrations, and appeals. Mr. Donovan is Co-Chair of the Litigation and Antitrust/Trade Regulation Practice Groups. |
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Representative Experience:
Obtained defense verdict in four-month trial of price-fixing claims by a class
of fishermen against a foreign importer of salmon.
Won a favorable arbitration award for a leading telecommunications equipment maker,
arising out of a joint venture in South America.
Litigated and successfully mediated for a Fortune 200 chemical manufacturer a
challenge to the enforceability of a mineral contract valued in excess of $125
million.
Successfully negotiated a favorable resolution of price-fixing charges against
a leading manufacturer of specialty papers, its foreign parent, and certain executives
in the first joint sovereign, international criminal antitrust investigation.
In related civil class actions, obtained dismissal of foreign parent on jurisdictional
grounds, and defeated class certification in two state indirect purchaser cases.
Successfully resolved trade secret litigation against a former supervisor of a
Fortune 200 food products corporation, and settled for a nominal amount a breach
of contract claim by a consultant against the same company, following a motion
for summary judgment.
Obtained first known award in New York of attorneys' fees under the Health
Care Quality Improvement Act, after summary dismissal of antitrust claims against
a hospital and seven administrators and physicians.
Obtained pre-discovery dismissals of antitrust, tort, and employment charges in
separate actions against two New York area hospitals by terminated physicians
and/or practice groups, one of which was affirmed on appeal.
Obtained a series of restraining orders and injunctions against disruptive activity
for a famous N.Y.C. church, including quashing a subpoena of a senior church leader.
Currently defending a major N.Y.C. hospital against antitrust charges arising
out of its alleged participation in a conspiracy to restrict the board certification
of emergency medicine practitioners.
Successfully litigated and settled tort and restraint of trade claims against
a Fortune 500 publisher and its subsidiary involving exclusive contracts with
magazine publishers in the school fundraising industry.
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Professional Activities:
American Bar Association -- Section of Litigation, Section of Antitrust
Federal Bar Council
The Association of the Bar of the City of New York (Professional & Judicial Ethics Committee, 1996-99)
Association of the Federal Bar of New Jersey |
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Publications:
"Supreme Court's Twombly Decision Should Benefit Defendants In Many Commercial Cases," Metropolitan Corporate Counsel, July 2007
"The HP Scandal: What Went Wrong and How to Learn from Those Mistakes," The Corporate Governance Advisor, May 2007
"Watching the Detectives," Corporate Counsel (January 2007)
"US Antitrust Investigations: Issues For Asian Companies," AsiaLaw (December 2006/January 2007)
"Antitrust Laws Amended," Metropolitan Corporate Counsel (August 2004)
"Explaining the U.S. Commercial Litigation System to Foreign Executives and Lawyers," Metropolitan Corporate Counsel (February 2004)
"Judicial Attention to Electronic Discovery Heats Up," Metropolitan Corporate Counsel (September 2003) (co-author)
"Alternative Billing Practices" in Successful Partnering Between Inside and Outside Counsel (West 2000) (co-author)
"Torts of Competition," chapter in treatise Business and Commercial Litigation in Federal Courts (2d ed. West 2005) (with John M. Callagy) |
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Speaking Engagements:
Presenter, "An Introduction to Electronic Discovery," NYSBA IP Section Annual Meeting (January 27, 2004)
Presenter, "Spoliation of Evidence: How to Spot - and Avoid - the Pitfalls," Kelley Drye CLE Series (July 16, 2002)
Presenter, "The 2000 Antitrust Conference: Antitrust Issues in Today's Economy," The Conference Board, March 2000 |
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Bar Admissions:
New York, 1978
New Jersey, 1985
Various federal courts
U.S. Supreme Court
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| Education:
Rutgers, JD, 1977
University of Notre Dame, BS, 1974
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Honors and Awards:
Ranked in the 2008 edition of Chambers USA as a leading antitrust attorney |
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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