Derek Sutton is a partner in the firm's Antitrust, Competition, and Trade
Regulation and Commercial Disputes practice groups.
Derek represents both plaintiffs and defendants in high-stakes antitrust cases
involving claims under the Sherman Act, Clayton Act, Robinson-Patman Act, and state
antitrust and unfair competition laws. His litigation and investigation experience
includes all types of collusive and exclusionary conduct, including monopolization,
price fixing, exclusive dealing, group boycotts, market allocation, bid rigging, no
poach, wage fixing, tying, bundling, information exchange, and other cutting-edge
competition issues. He has particular experience defending companies across the
United States in class action and multidistrict litigation, and in enforcement
actions brought by the US Department of Justice Antitrust Division (DOJ), Federal
Trade Commission (FTC), and state attorneys general. Derek also represents clients
before the DOJ and FTC in merger review and investigations, and advises on all
aspects of the deal process including risk assessment, negotiations, due diligence,
information exchanges, gun jumping, Second Request compliance, and integration
planning.
Derek also represents clients in complex commercial and intellectual property
litigation, including contract disputes, deal litigation, patent licensing disputes,
and trade secrets litigation. He has tried multiple cases to verdict and has
significant appellate experience in federal and state appellate courts throughout
the United States.
