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Melissa H. Maxman

Member

: Washington, D.C.
The Army and Navy Building
1627 I Street, NW
Suite 1100
Washington, D.C. 20006
P: (202) 912-4873
TF: (800) 540-1355
F: (202) 640-5520

Melissa H. Maxman

Melissa H. Maxman is a member in the firm's Commercial Litigation Group and the co-chair of the Antitrust Practice Group, working in the Washington, D.C., office. In addition to her antitrust practice, she has extensive experience in RICO and environmental law and commercial and criminal litigation. She joined the firm in December, 2009.

Melissa has advised domestic corporations on international antitrust issues, including the coordination of compliance with U.S., and foreign antitrust laws by U.S. corporations and their foreign subsidiaries. She has also advised foreign corporations on the application of and compliance with U.S. antitrust laws. She has represented clients in civil and criminal matters before the Antitrust Division of the Department of Justice, in actions before the Federal Trade Commission, and in private civil matters. Melissa has prosecuted and defended complex litigation, including class actions, involving antitrust, RICO, environmental, and intellectual property laws.

Melissa’s credentials include decades of litigation experience at both the trial and appellate levels. She served as an Assistant United States Attorney in the Eastern District of Pennsylvania from 1991 to 1993. In addition, she served as a law clerk for the Honorable Harry T. Edwards on the United States Court of Appeals for the District of Columbia from 1988 to 1989.

Melissa serves as an advisory board member of the Civil RICO Report, and the Institute of Consumer Antitrust Studies. Elected in 2003, she is a member of the American Law Institute, a group of leading lawyers, judges, and law professors who comment upon and help develop changes to statutes, Restatements of the Law, and principles of law utilized by our courts. She has served as a board member of the Sewall-Belmont House and Museum/National Woman's Party as well as a former Trustee of the Philadelphia Prison System. She currently serves as a National Council Member on the Dean's Advisory Board to The George Washington University Columbian College of Arts and Sciences.

Melissa has a B.A. in music from The George Washington University. Melissa earned her law degree, cum laude, from the University of Michigan Law School, where she was editor-in-chief of the Michigan Law Review, Vol. 86, and a member of the Order of the Coif.

Defended Cordillera Transition Corporation, Inc., a non-profit corporation in Vail, CO, which was sued in state court under the Colorado RICO and other state statutes regarding ownership and valuation of a golf resort.

Representation of Blue Bird Bus Co. of Macon, GA, in private civil litigation with an Angolan bank over alleged receivables with Foreign Corrupt Practices Act (FCPA) implications.

Defended Dentsply International, the world’s largest manufacturer of artificial teeth, in civil antitrust lawsuits in the Middle District of Pennsylvania.

Served as U.S. counsel to Copa Airlines, Panama’s national airline.

Litigation counsel for North American Bus Industries, Inc., international manufacturer of transit buses for numerous cities, in civil and criminal False Claims Act and Customs matters.

Antitrust counsel to Wincup Holdings Inc., one of the country’s largest manufacturers of disposable cups and related items.

Antitrust counsel to Aux Sable Liquid Products Inc., addressing North American competition issues.

Representation of Jaco Electronics in DRAM antitrust litigation as an opt-out to a class action.

Co-lead plaintiffs’ class counsel in In re: Electrical Carbon Products Antitrust Litigation, MDL No. 1514, United States District Court for the District of New Jersey (Simandle, J.) 2003-2005.

Representation of Data Systems Analysts in intellectual property litigation regarding the ownership of complex code.

Defended Puerto Rico Electric Power Authority (“PREPA”) in defense of Clean Air Act and Clean Water Act criminal environmental claims brought by the Department of Justice Environmental Crimes Section; and in follow up private civil suits with PREPA’s supplier and community groups.

Co-Chair of Foreign Plaintiffs Committee, In re: Microsoft Corp. Antitrust Litigation, MDL No. 1332, United States District Court for the District of Maryland (Motz, C.J.), representing Swiss and English companies, the only foreign national plaintiffs in antitrust monopolization action against Microsoft Corp.

Executive Committee Member In re Microcrystalline Cellulose Antitrust Litigation, MDL No. 1402, United States District Court for the Eastern District of Pennsylvania, (O'Neill, J.), representing class action plaintiffs in this antitrust action against FMC Corp. and others, 2001 to 2005.

Representation of GTE Corporation in merger proceedings before the Pennsylvania Public Utility Commission in its merger with Bell Atlantic Corporation to create Verizon.

On behalf of the United States Conference of Mayors and the National Association of Counties, successfully brought action compelling changes in the composition of the membership of the Advisory Commission on Electronic Commerce.

Representation of former Minnesota Timberwolves basketball star Stephon Marbury in contract litigation over the terms of his franchise agreement.

Pro bono representation of Planned Parenthood of Southeastern Pennsylvania, Inc. in first civil Freedom of Access of Clinic Entrances Act case litigated in the Third Circuit; won summary judgment for plaintiffs enforcing the Act.

Representation of Moyco Technologies, Inc. defending white collar criminal investigation and indictment for Defense Department fraud, as well as defending related civil proceedings.

Representation of Profile Records, Inc., arising out of its injuries from trademark violations involving Robot Wars.

Representation of The Organic Commodity Project, manufacturer of Newman’s Own Chocolates, in successfully obtaining injunctive relief in dispute with Cocoline, Inc. and Cloud nine, Inc.

Representation of Snapple Beverage Corp. in litigation seeking equitable relief arising out of Snapple’s injuries from Lanham Act violations.

Executive Committee member In re American Honda Dealership Relations Litigation, MDL #1069, United States District Court for District of Maryland (Motz, C.J.), representing Honda dealers in their civil RICO and antitrust claims against American Honda Motor Co., its Japanese parent corporation, and other defendants.

Antitrust counsel to Oceanport Industries, Inc. in matters involving the Department of Justice, Antitrust Division, and various state Attorney General.

Representation of banking institutions and employees in a variety of civil litigation matters, including Frist Union Bank; Regent Bank of Philadelphia; Constitution Bank of Philadelphia; Great Western Bank of California; First Valley Bank of New Jersey; and participation in extensive litigation involving Skopbank of Finland.

Representative of Grant Thornton and Co. in professional liability matters.

Antitrust counsel to Zeneca, Inc. in matters before the Department of Justice, Antitrust Division, and in private civil antitrust matters.

As Assistant United States Attorney, successfully wrote and argued the government appeal in United States v. Acosta, 965 F.2d 1248 (3d Cir. 1992), district court Fourth Amendment suppression ruling.

Considerable multi-defendant litigation experience, including successful investigation, indictment and prosecution of twenty-five violent drug gang defendants in the “Zulu Nation” case; also served as Special Assistant United States attorney to handle Zulu Nation appeals matters.

Blogs

Melissa has advised domestic corporations on international antitrust issues, including the coordination of compliance with U.S., and foreign international antitrust laws by U.S. corporations and their foreign subsidiaries. She has also advised foreign corporations on the application of and compliance with U.S. antitrust laws. She has represented clients in civil and criminal matters before the Antitrust Division of the Department of Justice, in actions before the Federal Trade Commission, and in private civil matters. In addition, Melissa has prosecuted and defended complex litigation, including, class actions, involving antitrust, RICO, environmental, and intellectual property laws.

From 2000 to 2008, Melissa represented the Puerto Rico Electric Power Authority ("PREPA") in defense of Clean Water Act and Clean Air Act environmental claims brought by the Department of Justice Environmental Crimes Section, and follow up litigation in private suits with PREPA's supplier and community groups. She also served as an Assistant United States Attorney in the Easter District of Pennsylvania from 1991 to 1993.

Melissa serves as an advisory board member of the Civil RICO Report, and the Institute of Consumer Antitrust Studies. Elected in 2003, she is a member of the American Law Institute, a group of leading lawyers, judges, and law professors who comment upon and help develop changes to statutes, Restatements of the Law, and principles of law utilized by our courts. She serves as a board member of the Sewall-Belmont House and Museum/National Woman's Party and is a former Trustee of the Philadelphia Prison System. She also serves as a National Council Member on the Dean's Advisory Board to The George Washington University Columbian College of Arts and Sciences.

Publications

Beyond Conventional Wisdom: 4 Tips for New Lawyers [Law360]

April 12, 2012

Beyond Conventional Wisdom: 4 Tips for New Lawyers - Law360 - We have all read the advice columns
to lawyers starting their practices. To succeed in private practice, you should:
1. Be an excellent attorney
2. Work hard
3. Find at least one mentor
4. Network
5. Publish
6. Be involved in your firm
7. Seek work from partners
8. Cross market
9. Ask for work from friends and acquaintances

Read more of Melissa's Article here

Just in Time for the Big Game: FTC Super Bowl Advertising Decision Highlights Importance of Antitrust and Consumer Protection Compliance Programs [Antitrust Law Alert]

January 26, 2012

Just in Time for the Big Game: FTC Super Bowl Advertising Decision Highlights Importance of Antitrust and Consumer Protection Compliance Programs - Antitrust Law Alert -

From the Experts: Super Bowl Ads Meet Corporate Compliance [Corporate Counsel]

January 24, 2012

From the Experts: Super Bowl Ads Meet Corporate Compliance - Corporate Counsel -

Volume of Commerce and Criminal Sentences for Antitrust Violations - Alternative Interpretations in the Air Congo Fuel Surcharge Cases [American Bar Association]

August 01, 2011

Volume of Commerce and Criminal Sentences for Antitrust Violations - Alternative Interpretations in the Air Congo Fuel Surcharge Cases - American Bar Association - "Volume of commerce” is a critical determinant of criminal sentencing for defendants convicted
of violating the U.S. antitrust laws. The commentary of the U.S. Sentencing Guidelines, however, offers no clear explanation of the phrase, "affected by the violation." Because of its tremendous impact on sentences, prosecution and defense attorneys frequently argue vigorously about how to measure the volume of commerce in any
given case.

Proposed Rules for Accountable Care Organizations Released March 31, 2011 by the Federal Trade Commission, Department of Justice, and the Center for Medicare & Medicaid Services [Health Law Alert!]

April 01, 2011

Proposed Rules for Accountable Care Organizations Released March 31, 2011 by the Federal Trade Commission, Department of Justice, and the Center for Medicare & Medicaid Services - Health Law Alert! - After a two month delay, the Federal Trade Commission (FTC) and Department of Justice (DOJ), acting jointly, and the Center for Medicare & Medicaid Services (CMS) released proposed regulations for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (the Program). The Program was created pursuant to the Affordable Care Act and was intended to encourage health care providers to better work together to lower costs and improve patient outcomes.

State of Connecticut and Guy Carpenter Settle Landmark Antitrust Case for $4.25M: What's Next for the Reinsurance Industry? [Antitrust Alert!]

February 25, 2011

State of Connecticut and Guy Carpenter Settle Landmark Antitrust Case for $4.25M: What's Next for the Reinsurance Industry? - Antitrust Alert! - On January 31, 2011, one of the world’s largest reinsurance brokers, Guy Carpenter & Co. LLC, and its former affiliated reinsurer agreed to pay $4.25 million to settle a lawsuit brought by the Connecticut attorney general alleging these companies engaged in a series of conspiracies to create closed reinsurance markets and driveup reinsurance costs. This settlement, which concludes an investigation and landmark litigation that spanned more than three years,

D.C. Circuit has yet to rule on level of scrutiny at class certification stage [The National Law Journal]

November 01, 2010

D.C. Circuit has yet to rule on level of scrutiny at class certification stage - The National Law Journal - The U.S. Supreme Court's decision in Amchem Products Inc. v. Windsor, 521 U.S. 591 (1997), raised the standard for parties seeking settlement class certification by requiring proposed settlement classes to establish essentially the same Federal Rule of Civil Procedure 23 criteria as for ordinary class certification, especially the predominance factor of Rule 23(b)(3).

It's War! Carefusion v Medtronic Over Khoplasty [Orthopedics This Week]

April 27, 2010

It's War! Carefusion v Medtronic Over Khoplasty - Orthopedics This Week - Melissa Maxman, a Washington, D.C., anti-trust attorney with Cozen O’Connor, comments on the fight for kyphoplasty market share in CareFusion v Medtronic

Responding to Government Investigations: What to Do When the Government Comes Calling	Philadelphia, PA	04/26/2011
ABA 2011 Business Law Section Spring Meeting	Boston, MA	04/14/2011
Antitrust Hot Topics in 2011: What the Business Lawyer Need to Know	Boston, MA	04/14/2011
DELVACCA Chapter: 3rd Annual In-House Counsel Conference	Philadelphia, PA	04/07/2011
Health Law Forum: 2010 Year in Review	Philadelphia, PA	02/08/2011
Antitrust at the Speed of Byte: Will enforcement agencies and private parties be able to keep up with the fast-paced IT world as it continues to accelerate?	Philadelphia, PA	06/15/2010
10th Annual Loyola Antitrust Colloquium	Chicago, IL	04/30/2010