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Wesley R. Powell
Partner
Competition

New York
(212) 309-1013 Phone
(212) 309-1100 Fax

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Practices
Antitrust Litigation
Competition &
  Antitrust
eDiscovery and
  Cyber-Investigations
  Team

Wesley R. Powell

Practice focuses on complex civil litigation, including primarily antitrust and securities litigation. He also is experienced in handling regulatory inquiries and internal investigations.

Relevant Experience Antitrust Litigation

  • Currently defending MasterCard against price-fixing, tying and exclusive dealing class-action claims.
  • Currently representing private equity firm in an antitrust challenge to alleged joint bidding for acquisition of public companies.
  • Currently representing major broker-dealer in an antitrust challenge to alleged trading practices on the New York Stock Exchange.
  • Represented Mexican Bankers' Association in connection with payments industry regulatory matters.
  • Represented MasterCard in Visa Check/MasterMoney Antitrust Litigation, one of the largest antitrust class actions in federal court, which settled in 2003.
  • Represented MasterCard in governance, boycott and tying investigations brought by the Department of Justice.
  • Represented MasterCard in Reyn's Pasta Bella Pricing Litigation, which resulted in dismissal of massive overcharge claims against MasterCard.
  • Represented seed manufacturer in Genetically Modified Seeds Antitrust Litigation, which resulted in denial of class action status to a group of farmers alleging price fixing in the genetically modified seeds industry.

Securities Litigation

  • Represented publicly traded investment management company in connection with regulatory investigations concerning alleged market timing in mutual funds and related multidistrict civil litigation.
  • Represented investment management firm in action challenging suitability of firm's investments for pension fund.
  • Represented former senior executive of mutual fund distribution company in action by Securities and Exchange Commission concerning alleged mutual fund market timing activity.
Membership
  • Member, New York and California State Bars
  • Member, Association of the Bar of the City of New York, Committee on Antitrust and Trade Regulation
  • Member, New York State Bar Association, Antitrust Section Executive Committee
  • Member, American Bar Association, Antitrust Section
  • Admitted to practice in the United States District Court for the Southern, Eastern, and Northern Districts of New York, Northern District of California, and District of Colorado and the United States Court of Appeals for the Second, Ninth and District of Columbia Circuits
Awards and Professional Recognition
  • Listed for Antitrust in The Legal 500 United States: Volume III Litigation, 2007
  • Listed in Chambers USA for Antitrust, 2007, 2008, 2009
Pro Bono Work
  • Lead pro bono counsel in habeas corpus action by group of detainees challenging detention at Camp Delta, Guantanamo Bay, Cuba.
Education
  • J.D., Duke University School of Law, Duke Journal of Gender Law and Policy; Moot Court Board; Co-Founder and Coordinator, Duke Law AIDS Project; Recipient, North Carolina Bar Association Pro Bono Service Award, 1994
  • B.A., Vanderbilt University, magna cum laude; Phi Beta Kappa, 1991

Publications


July 9, 2007 Co-author, "Considering Credit Suisse," The Daily Deal
July 2, 2007 Quoted, "A Tough Term for Antitrust Plaintiffs," The National Law Journal
June 18, 2007 Quoted, "Antitrust Ruling Welcomed on Wall Street," Associated Press Newswire
Winter 2007 Co-author, "Abbott Laboratories v. Teva Pharmaceuticals USA, Inc.," American Bar Association, Section of Antitrust Law, Sherman Section One Newsletter
July 2006 Co-author, "Settlement Class Certification: Application of a More Flexible Certification Standard Since Amchem," 4 The Antitrust Prac. 6
Spring 2006 Author, "Update on Patent Settlement Cases," American Bar Association, Section of Antitrust Law, Sherman Section One Newsletter
April 28, 2004 Co-author, "Be Careful What You Waive: Giving Up Attorney-Client and Work-Product Privileged Material To Investigators Could Affect Private Litigation Later," Daily Journal Securities Law Update
August 2001 Co-author, "Publication of Non-Profit Media Watch-Dog group Deemed Commercial Speech," Libel Defense Resource Center Libel Letter
May 2001 Co-author, "Publishing Without Borders: Internet Jurisdictional Issues," Practicing Law Institute
April 2001 Co-author, "Defining Commercial Speech: The Search for Clarity in a Clash of Values," Libel Defense Resource Center Bulletin
2001-2002 Co-author, Libel Defense Resource Center 50-State Survey (Media, Privacy and Related Law), Second Circuit Chapter





Wesley Powell