Richard Wolfram is an independent U.S. lawyer based in New York City. His practice, launched in 2005, focuses on antitrust counseling and litigation on behalf of corporations, professional organizations and public advocacy entities.
Drawing on his 30 years of experience in antitrust and 34 years in commercial litigation, Mr. Wolfram focuses on helping each client achieve its objectives through effective, cost-efficient counseling and/or litigation.
The constructive use of antitrust to achieve these ends often requires 'problem solving' -- taking apart a client's concrete issues, identifying the antitrust component and using this legal tool to the client's advantage, whether as a plaintiff, defendant, amicus (friend of the court) or interested observer (e.g., consulting on behalf of investors regarding mergers and other civil litigation matters).
Technology and business practices continue to undergo rapid transformation. To address today's economic and commercial realities, the effective advocate can use the law creatively, when necessary, to persuade courts and other enforcers to embrace somewhat novel applications of established principles, provided he or she respects the fundamentals and thoroughly marshals the supporting facts.
Mr. Wolfram's representations have consistently involved cutting-edge issues in high-profile matters. Recent examples include an exclusive dealing/tying/monopolization suit in healthcare which has elicited a rare Statement of Interest by the Department of Justice supporting legal arguments by the plaintiff-client; successfully negotiated claims by a major European vehicle manufacturer against shipping carriers in the worldwide 'Roll-On-Roll-Off' cartel investigation, involving first-impression substantive and procedural issues at the interface of federal and state antitrust law and the federal Shipping Act; a concerted refusal to deal case (in which the Supreme Court denied certiorari) raising unresolved questions among the circuit courts over the widespread but often misapplied Matsushita standard for surviving summary judgment in antitrust cases; and an amicus brief in the LIBOR litigation on behalf of economists and antitrust professors explaining why, contrary to the district court, plaintiffs satisfied the antitrust injury requirement, contributing to reversal by the Second Circuit and subsequent substantial settlements and also class certification for OTC plaintiffs.
In addition to his solo representation of clients, Mr. Wolfram sometimes teams up with other antitrust lawyers and is also called upon by firms seeking antitrust expertise for their clients. Responsiveness and depth of experience and expertise are highly valued by clients, across a range of antitrust issues, and a lean practice model with flexibility for collaboration helps address these needs.
-- These are some of the key components of Mr. Wolfram's antitrust 'toolbox'.
Antitrust addresses both single-firm and joint conduct. Across these categories, Mr Wolfram advises and litigates on:
• mergers and acquisitions;
• joint ventures;
• price-fixing, market division and concerted refusals to deal/boycotts;
• distribution (e.g., exclusive dealing, tying and resale price maintenance);
• price discrimination;
• standard setting and patent pools;
• intellectual property licensing and related antitrust/intellectual property issues such as patent misuse; and
• international antitrust.
• Antitrust compliance review in these areas is also a key component of his counseling.
Mr. Wolfram has published widely on a number of antitrust topics in U.S. and foreign publications since 1995 and has guest-lectured and spoken at conferences on antitrust. The range and depth of his writing and speaking are an important facet of his ability to deliver results for his clients.
He has practiced predominantly in antitrust since 1995, including nine years at Clifford Chance/Rogers & Wells in New York City. From 1985 to 1995, Mr. Wolfram worked as an associate in commercial litigation at several large and medium-sized international firms in New York.
This program is directed to in-house and outside counsel seeking an update on procedural and substantive antitrust developments which may inform their advice to their clients, including, among other topics, the following: Quick overview of antitrust ...