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    Global Problem Solving from Covington: Deal with Complex Problems Anywhere in the World

    • Apr 08, 2021

Derek Ludwin

Partner

Washington +1 202 662 5429

English
  • About
  • Representative Matters
  • Credentials
  • About

    Derek Ludwin is co-chair of Covington’s Antitrust Litigation Practice Group and advises clients around the world on high-stakes antitrust litigation, transactions, licensing, and compliance issues.

    Derek has significant experience helping clients successfully navigate complex, multi-district litigations and challenging investigations, and has built a record of achieving positive outcomes. He regularly represents the National Football League, as well as leading businesses in a variety of industries.

    Recognized by Chambers in the field of antitrust litigation, Derek is recommended for his antitrust litigation and investigation 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.

    Derek is also frequently sought out for guidance when clients are considering significant ventures, licensing arrangements, and other transactions with potential antitrust issues. Clients also rely on him to implement compliance programs, and to provide training to their senior executives and key employees.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Defending NFL in multi-district class action antitrust challenges to its broadcast distribution arrangements for out-of-market games (In re Sunday Ticket Antitrust Litigation).
    • Won summary judgment dismissing a rare set of antitrust claims in a high-profile Section 337 dispute between U.S. Steel and the Chinese steel industry, and ITC affirmance of that decision (In re Certain Carbon Steel Products).
    • Successfully represented Discovery, Inc. in its $14.6 billion acquisition of Scripps Networks Interactive. The transaction closed after a “second request” investigation with the DOJ taking no action.
    • Won dismissal of an antitrust challenge to the U.S. Olympic Committee’s regulation of athlete advertising and secured Ninth Circuit affirmance of the dismissal (Run Gum v. USOC).
    • As counsel to a leading electronics company in multi-district class action “follow-on” antitrust litigations, won summary judgment dismissing $3.5 billion antitrust claim and successfully defended the ruling on appeal. (Motorola Mobility v. AU Optronics et al.)
    • Secured favorable resolution of “no-poach” litigation against a major university.

    Other Complex Litigation Matters

    • Won dismissal of employment-related antitrust claims against the National Football League and its member clubs (Kelsey K. v. NFL).
    • Secured a favorable outcome in a class action antitrust challenge to the NFL's trademark licensing arrangements (Dang v. NFL).
    • Defeated a class action challenge to NFL ticketing policies (Kazemzadeh v. San Francisco 49ers).
    • 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).
    • Defeated an 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).

    Other Civil Investigation Matters

    • Secured favorable resolution of a multi-state attorney general investigation of a major sports league.
    • Defended a major transportation company in a 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.

    Other Transactional and Counseling Matters

    • Led the successful representation of a venture among U.S. media companies in a DOJ civil antitrust inquiry, with no enforcement action taken.
    • Advised on antitrust aspects of a digital projection system financing in a transaction that was awarded IDD'S Media Deal of the Year.
    • 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 various sports leagues on complex antitrust issues relating to licensing, governance, restructuring, and transactions.  

    Criminal Antitrust and Cartel

    • Represented clients in the “auto-parts” DOJ international cartel investigation.
    • Successfully represented a 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 an airline executive in Air Cargo investigation.
    • Successfully represented one of the largest providers of telecommunications services in Asia in a DOJ criminal antitrust investigation; DOJ closed its grand jury investigation without action.

    Areas of Expertise

  • Credentials
    Education
    • New York University School of Law, J.D.
        • magna cum laude
        • NYU Law Review, Executive Editor
    • Yale University, B.A.
    Bar Admissions
    • District of Columbia
    • New York
    Government Experience
    • U.S. House of Representatives
    Judicial Clerkship
    • Hon. Kimba M. Wood, U.S. District Court, Southern District of New York
    Pro Bono
    • Derek serves as pro bono outside counsel to the Washington Humane Society in its mission to protect animals and prevent cruelty and neglect.
    Accolades
    • Recognized by Chambers (Antitrust Litigation) 
    • Recognized by The Am Law Litigation Daily as one of the "Litigators of the Week" (11/18/2016)
    • Law360, Sports MVP (2016) 
    • GCR Award Winner, Litigation of the Year - Cartel Defence: Counsel to Samsung in Motorola Mobility v. AU Optronics, et al, US (2015)
    • Legal 500 US, Antitrust Civil Litigation/Class Actions (2015-2017) and Sports (2015-2017)
    • Best Lawyers in America, Litigation - Antitrust (2016-2021)
    • Washington DC Super Lawyers, Antitrust Litigation (2013-2021)
    Memberships and Affiliations
    • Co-Chair of Committee Operations, ABA Section of Antitrust Law
    • Chapter Editor, Antitrust Law Developments (7th edition) and 2012-15 Supplements
    Previous Experience
    • Legislative Assistant to Congresswoman Zoe Lofgren (responsible for various transportation, juvenile justice, and science-related issues).

    Areas of Expertise

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