Derek Ludwin advises domestic and international clients on their most important and complex antitrust litigation, criminal cartel and civil government investigations, ventures, licensing, and compliance issues.
Mr. Ludwin has significant experience helping clients successfully navigate international antitrust cartel matters and other government investigations, and has built a record of achieving positive outcomes. He provides global strategic advice on amnesty and other defense considerations in multi-jurisdictional investigations, devises effective strategies to manage internal investigations and follow-on lawsuits, and helps clients minimize the impact of these matters on their business operations.
Mr. Ludwin represents leading clients in the electronics, defense, aviation and transportation, manufacturing, pharmaceutical, and sports industries. His clients recommend him for his antitrust litigation skills, his focus on client interests, his pragmatic approach to favorably and promptly resolving disputes, and his ability to work effectively with both business and in-house legal teams. Mr. Ludwin regularly represents the National Football League in complex antitrust litigation, including a recent class action that was dismissed at the pleadings stage. Mr. Ludwin is also national counsel to a leading electronics manufacturer in In re TFT-LCD Antitrust Litigation, a multi-district case involving class, opt-out, and state attorney-general lawsuits.
Mr. Ludwin, a vice-chair of the ABA Section of Antitrust Law’s Corporate Counseling Committee, is frequently sought out by his clients for guidance when they are considering significant ventures, licensing arrangements, and other transactions with potential antitrust issues. They also rely on him to advise them on compliance program implementation and to provide training to their senior executives and key employees.
- National counsel to leading electronics company in high-profile multi-district, class action antitrust litigations (In Re TFT-LCD Antitrust Litigation).
- Won dismissal of a class action antitrust complaint alleging conspiracy to restrain market for “likenesses” of former NFL football players (Washington v. National Football League).
- Defend National Football League in class action and direct antitrust challenges to its trademark licensing arrangements (American Needle v. NFL and Dang v. NFL).
- Advise pioneer pharmaceutical companies in resolving antitrust disputes arising out of patent litigation with generic competitors.
- Defeated antitrust challenge to the national medical resident matching program on behalf of a group of teaching hospitals and medical schools (Jung v. Administrators of the Tulane Educational Fund).
Criminal Antitrust and Cartel
- Representing clients in current high-profile DOJ international cartel investigation.
- Successfully represented major international manufacturer in international price-fixing cartel investigation, with no action taken by DOJ and other national enforcement agencies.
- Persuaded the DOJ to take no action against airline executive in Air Cargo investigation.
- Successfully represented one of the largest providers of telecommunications services in Asia in DOJ criminal antitrust investigation; DOJ closed its grand jury investigation without action.
- Led successful representation of venture among US media companies in DOJ civil antitrust inquiry, with no enforcement action taken.
- Defended major transportation company in DOJ civil antitrust investigation, which was closed without enforcement action against our client.
- Closed an antitrust investigation of a sanitation and recycling company by the Connecticut State Attorney General with no enforcement action taken.
- Regularly develop successful and cost-effective responses for clients receiving third-party inquiries and subpoenas from federal and state enforcement agencies.
Transactional and Counseling
- Serve as counsel and business advisor to OCP S.A. of Morocco in connection with ventures, commercial arrangements, and general corporate and governance matters.
- Advise international transportation company on key distribution and marketing agreements and initiatives.
- Advised on antitrust aspects of digital projection system financing in a transaction that was awarded IDD'S Media Deal of the Year.
- Advise international defense company on transactional, commercial, and compliance matters.
- Advise multiple pioneer pharmaceutical companies on antitrust aspects of Hatch-Waxman litigations and settlements.
- Advise various sports leagues on complex antitrust issues relating to licensing, governance, restructuring, and transactions.
- Advise major transportation company on potential transactions and compliance issues.
- Legislative Assistant to Congresswoman Zoe Lofgren (responsible for various transportation, juvenile justice, and science-related issues).
Honors and Rankings
- Washington DC Super Lawyers, Antitrust Litigation (2013-2014)
- Regular outside counsel to the Washington Humane Society.
- Advice to anti-human trafficking organization.
Memberships and Affiliations
- Vice-Chair, Corporate Counseling Committee, ABA Section of Antitrust Law
- Chapter Editor, Antitrust Law Developments (7th edition) and 2012 Supplement
- University of Virginia Law School, Instructor in the Advanced Antitrust Seminar
Publications and Speeches