J. Wyatt Fore

J. Wyatt Fore is an attorney in the Washington, DC office of Constantine Cannon, where he concentrates his practice on antitrust litigation, government investigations, and merger and acquisition advocacy.  He also provides counseling on a wide array of matters, including antitrust considerations for emerging technologies.

Wyatt has significant experience with complex case litigation and has represented clients, both as plaintiffs and defendants, in a variety of federal and state lawsuits.  His clients come from a diverse range of industries, including tech, health care, shipping, finance, airlines, and life sciences.

Wyatt is also an emerging thought leader on cutting-edge antitrust issues.  For example, he co-edited the American Bar Association’s Section of Antitrust Law’s White Paper Competition Implications of Big Data and Artificial Intelligence / Machine Learning.  He is an active participant in the ABA’s Antitrust Law Section and the American Antitrust Institute.

Wyatt also maintains an active pro bono and public interest practice.  While in law school he served as a law clerk and trial counsel for plaintiffs in DeBoer v. Snyder, later consolidated sub nom. Obergefell v. Hodges, which guaranteed the nationwide right to marry for same-sex couples.

Representative matters:

• Sidibe et al. v. Sutter Health, No. 12-cv-4854 (N.D. Cal.), served as trial and appellate counsel for class of premium-payers in antitrust case brought against dominant healthcare system.
• In re: Louisiana Real Estate Appraisers Board, Dkt. No. 9374 (F.T.C.)., defended a state agency in litigation and appeals from price-fixing allegations by the Federal Trade Commission.
• Intermodal Motor Carrier Conference of the American Trucking Associations v. OCEMA et al., Dkt. No. 20-14 (F.M.C.), prosecuting case under the Shipping Act on behalf of intermodal trucking companies against conference of ocean carriers alleging unreasonable practices with respect to chassis.
• William Morris Endeavor Entertainment, LLC v. Writers Guild of America, West, Inc., No. 19-cv-05465 (C.D. Cal.) – Litigation counsel for labor union concerning allegations that the Guilds’ adoption of its Agency Code of Conduct constituted a group boycott in violation of the antitrust laws, and in pursuing counterclaims against the three leading Hollywood talent agencies for fixing the price of packaging fees.
• In re Valve Antitrust Litigation, No. 21:-cv-00563 (W.D. Wash.) – prosecuting antitrust case on behalf of game developers against dominant PC video game distributor.
• Global Technology Firm – Counseling with respect to emerging antitrust issues on high tech, artificial intelligence/machine learning, and big data.

Featured Writings and Speaking Engagements:

• Co-Editor and Contributor, ABA Antitrust Law Section Big Data Task Force, Competition Implications of Big Data and Artificial Intelligence / Machine Learning (2021)
• With Randy Stutz (American Antitrust Institute), Revitalizing Competition Under the Shipping Act: A Guidebook for Private Litigants (forthcoming, 2023)
• ABA Antitrust Section Economics Committee – Moderator, Two-Sided Platforms: Fundamentals of Antitrust Economics Series (Nov. 2021)
• Antitrust Matters (Podcast), Private Equity & Antitrust: A New Approach?  (Nov. 2022)
• Voluntary Portability: A Procompetitive Solution to Data Enclosure, Icarus (Spring 2019) (Newsletter of the ABA Antitrust Section’s Media & Technology Committee)
• Court Green Lights Ohio AG’s Case to Declare Google a “Common Carrier” (June 2, 2022)
• FTC Chair Khan Squares the Circle With an “Interdisciplinary Approach” to Protecting Privacy and Competition (Apr. 21, 2022)
• Rocking the Boats: Federal Government Tackles Competition in Maritime Shipping (September 21, 2021)
• Supreme Court Slams NCAA’s “Procompetitive Rationale” in Unanimous Ruling (with David A. Scupp) (July 1, 2021)
• DOJ Tells Congress Criminal Prosecution of No-Poach Agreements is Still a “High Priority” (Oct. 31, 2019)
• Net Neutrality Setback in Mozilla Opens the Door for State Regulation (Oct. 18, 2019)
• Duke Settles Class Action Alleging “No-Poach” Conspiracy with UNC (with Ethan E. Litwin) (April 11, 2019)

Education:

• University of Michigan, J.D. cum laude, National Champion – Williams Institute Moot Court Competition, Excellence in Pro Bono Service Award
• University of Virginia, B.A. with honors, Political and Social Thought, Lawn Resident

Bar Admissions:

• District of Columbia
• Virginia