Howard Mark Ullman
  • Appeals & Appellate, Business Law
  • California, Ohio
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Summary

Attorney, private practice. I handle civil litigation and also advise and counsel primarily in the areas below.

Litigation

* I represent clients (both defendants and corporate plaintiffs) in antitrust litigation. On the defense side, I have represented clients in private suits, class action litigation, class action opt-out litigation, and government actions.
* I routinely work on claims involving pricing, price fixing, below-cost pricing, information exchanges, monopolization, attempted monopolization, and unfair competition.
* I often work on cases at the intersection of antitrust and competition law and intellectual property (“IP”) law -- particularly on cases involving patents.
* I have worked on the responses to numerous government subpoenas (including grand jury subpoenas), civil investigative demands (“CIDs”), and Hart-Scott-Rodino (“HSR”) second requests.
* I work on cases at all levels of the judicial system, from trial courts to appellate courts.

Counseling

I provide counseling on, among other things:

* Exclusive dealing
* Joint ventures
* Information exchange issues
* Product tying
* Intellectual property (“IP”) licensing
* Distributor or supplier terminations
* Price discrimination, resale price maintenance, minimum advertised price programs, and below-cost pricing
* Distribution system structure
* Market concentration and market definition
* The application of state unfair antitrust and competition laws
* Other related issues

Specialties
Antitrust, unfair competition, intellectual property (“IP”) law, complex litigation

?My industry sector experience includes computer hardware and software, pharmaceuticals, medical devices, health care, energy, banking, and retail.

Education
Harvard Law School
J.D.
magna cum laude
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University of Chicago
B.A. (1989)
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Professional Experience
Of Counsel
Orrick, Herrington & Sutcliffe LLP
Current
Publications
Articles & Publications
UCL Claims May See a Surge: Recent Decisions Have Lowered the Pleading Hurdle for Plaintiffs Alleging They Were Misled by Product Labeling
The Recorder
Professional Associations
Instructor
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Activities: Taught trial practice.
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Taft, Stettinius & Hollister LLP
Attorney
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Activities: Litigation and business law.
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United States Court of Appeals for the Sixth Circuit
Law Clerk
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Activities: Law Clerk to the Honorable David Nelson.
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Jurisdictions Admitted to Practice
California
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Ohio
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Practice Areas
  • Appeals & Appellate
  • Business Law
Additional Practice Areas
  • Antitrust and Competition
  • Antitrust and Compliance Counseling
  • Commercial Litigation
  • High Stakes Litigation
  • International Antitrust
  • Mergers and Acquisitions Litigation
  • Private Antitrust Litigation
  • Proposition 65 Counseling and Defense
Languages
  • English: Spoken, Written
  • Russian: Spoken
Websites & Blogs
Website
Website
Blog
My Distribution Law
Contact & Map
The Orrick Building
405 Howard Street
San Francisco, CA 94105
USA
Telephone: (415) 773-5652
Cell: (415) 728-1491
Fax: (415) 773-5759