"The maxim says, 'To succeed, find one thing and do it really well.' Axinn, Veltrop & Harkrider apparently has followed it." That is how The National Law Journal summed up AVH.
Google, Inc.
In 2011, AVH was co-lead antitrust counsel for Google in its $700 million acquisition of ITA Software, Inc. and compliance with a Second Request from the DOJ. AVH negotiated a settlement that ensured Google remained free to develop innovative new products and services.
Purepac Pharmaceutical's Metformin Launch
AVH represented Purepac Pharmaceutical Company with its launch of various pharmaceutical products containing the active ingredient metformin. The firm advised Purepac regarding patent and FDA matters and represented it in two cases involving exclusivity disputes under the Hatch-Waxman Act.
Export Investigations and Disclosures
We represented a U.S. products wholesaler in a recently concluded Bureau of Industry and Security (BIS) investigation of alleged unlicensed shipments abroad in violation of export regulations. We also currently are representing companies in connection with voluntary disclosures to BIS and have handled disclosures and investigations before other export agencies.
Tyson Foods, Inc. and George’s Inc.
The firm successfully represented Tyson Foods, Inc. in the 2011 sale of its assets to George’s, and subsequently represented George’s in the litigated DOJ challenge of the sale.
Patent Antitrust Litigation
AVH successfully represented Mutual Pharmaceutical Co. and United Research Laboratories in connection with patent infringement claims brought by Tyco Healthcare Group and Mallinckrodt Inc., with the Court of Appeals for the Federal Circuit affirming in June 2011 that Tyco’s patent was invalid. AVH continues to represent Mutual and United Research in connection with certain private monopolization counterclaims.
Consumer Class Actions
We currently represent a prominent consumer products company in a series of consumer class actions alleging unfair business practices and false advertising.
GHI
AVH prevailed in litigation against the City of New York arising from the City’s challenge of GHI’s merger with HIP. In early 2011, the firm argued a Second Circuit appeal brought by the City of New York; an August 2011 decision affirmed the original outcome and our client's victory.
International Arbitrations
AVH successfully represented Airbus SAS and its affiliate, Airbus UK, in a fully contested ICC arbitration commenced by Airbus UK against its customer, Hawker Beechcraft Corp., which included breach of contract and equitable claims.
SunGard Data Systems Inc
The firm currently represents SunGard in its $1.78 billion sale of SunGard Higher Education to Datatel. Previously, AVH represented SunGard in its acquisition of the business recovery assets of Comdisco and obtained a judgment on the merits rejecting the Antitrust Division's bid to block the transaction.
Advertising Dispute
We currently represent a prominent consumer products company in a National Advertising Division (NAD) proceeding challenging a competitor's advertising claims.
Price Fixing Class Actions
AVH currently represents The Affinia Group and Wix Filtration LLC in a pending treble damage class action suit in the Northern District of Illinois. More than 50 private plaintiffs, states and other political subdivisions assert that a price fixing conspiracy exists in connection with light-duty automotive filters. The plaintiffs chiefly relied upon evidence from a "whistleblower," who recently pled guilty to an indictment by the Department of Justice for the obstruction of justice.
Federal Trade Commission Advertising Investigation
AVH currently represents a prominent consumer products company in addressing issues of concern to the agency in connection with the company's advertising.
Thermo Fisher Scientific Inc.
The firm effectively represented Thermo Fisher Scientific in its $2.1 billion acquisition of Dionex in 2011.
United Technologies Corp.
AVH successfully represented United Technologies Fire & Security in the Northern District of Illinois and the District of Maryland with respect to Walker Process monopolization claims.
Great Atlantic & Pacific Tea Company (A&P)
The firm represented A&P in its $678 million acquisition of Pathmark and compliance with a Second Request from the FTC. AVH successfully negotiated a decree with limited divestitures.
Omnicare
The firm represented Omnicare in the Northern District of Illinois and the Seventh Circuit in a Section 1 conspiracy claim against United Health and PacifiCare relating to coordination between signing and closing their merger. AVH also represented Omnicare in its acquisition of NeighborCare and compliance with a Second Request from the FTC. The firm successfully obtained clearance with no divestitures.
Oil for Food
AVH represents Secalt S.A. in the so-called "Oil for Food" litigation pending in the Southern District of New York. Plaintiff alleges that the defendants violated the Robinson-Patman Act by participating in a commercial bribery scheme engineered by Saddam Hussein.
Take-Two Interactive Software
AVH represented Take-Two Interactive Software (maker of Grand Theft Auto) in the FTC's investigation of rival Electronic Arts' hostile bid for the company.
Price Discrimination Litigation
AVH represented The Affinia Group, Dana Companies, and Tomkins PLC in a Robinson-Patman Act price discrimination suit filed in the Southern District of New York on behalf of multiple automotive parts wholesalers. After the passage of considerable time, motions to dismiss were granted in favor of all defendants. Plaintiffs have sought to revive the case against some of the original defendants, among them Tomkins PLC who we continue to represent.
Bemis Company, Inc.
In 2010, the firm represented Bemis Company, Inc. in its $1.2 billion acquisition of the packaging assets of Alcan from Rio Tinto, Inc. and compliance with a DoJ Second Request. AVH successfully negotiated limited divestitures.
Ball Corporation
AVH represented Ball Corporation in its $577 million acquisition of the Anheuser Busch Inbev can-making facilities in the United States in late 2009.
European Commission Proceedings
AVH currently represents Tomkins PLC in connection with a complex cartel proceeding stemming from the finding by the European Commission (EC) that Tomkins was jointly and severally liable for a cartel fine imposed by the EC upon Tomkins' former subsidiary based on the subsidiary's infringements of Article 81 (now 101) of the EC Treaty. The case is currently on appeal to the European Court of Justice, as the EC has challenged the General Court’s favorable decision limiting Tomkins’ liability.
BellSouth Corporation
The firm represented BellSouth in the $67 billion sale of BellSouth to AT&T. Previously, the firm represented AT&T Wireless in the $41 billion sale of AT&T wireless to Cingular.