Douglas E. Rosenthal

Douglas E. Rosenthal is Senior Counsel in the law firm of Constantine Cannon LLP internationally recognized for focusing on antitrust litigation and counseling and complex commercial litigation and arbitration. Mr. Rosenthal has 46 years of antitrust and international litigation experience, and in recent years has been increasingly involved in advising clients on the impact on their businesses of domestic and global competition laws and policy considerations.

Achievements:

• Chief of the Foreign Commerce Section of the Antitrust Division of the United States Department of Justice 1977-1980. (Security Clearance: Top Secret)
• Recognized as a leading American competition lawyer in the International Who’s Who of Business Lawyers.
• Recognized by a lawyer peer survey conducted by The Best Lawyers In America as a SuperLawyer in antitrust litigation and international law in the Nation’s Capital.
• Listed in The Guide To The World’s Leading Competition and Antitrust Lawyers
• Member, Council on Foreign Relations.
• Listed in Who’s Who In America for more than 25 years.
• Life Member, The American Law Institute.
• AV Preeminent Rating by Martindale Hubbell
• Featured by Lawdragon magazine as one of 3000 Leading Lawyers in the United States
• Honored as a “Go To Attorney” in Business Law in Washington, D.C. by SmartCEO Magazine
• Adjunct Professor of Law, University of Tokyo Law School (1992).
• Henry Fellow, Oxford University.
• Corwin Prize For The Best Political Science Doctoral Dissertation in The United States on American Government (1970).

He has been a lead lawyer in numerous high stakes, high profile, politically challenging, international antitrust and commercial matters.

• Lloyds Reinsurance – The Hartford Insurance case
• Laker Litigation against major North Atlantic Commercial Airlines (involving Prime Minister Thatcher and President Reagan)
• Alleged Price-Fixing in Global Aviation
• Global Vitamin Cartel
• Successful Antitrust Challenge by the United States against The Arab Boycott of Israel
• International Uranium Cartel Criminal Prosecution
• Lead antitrust lawyer in Sun Microsystems antitrust suit against Microsoft; largest antitrust settlement between 2 firms in history, $1.9 billion
• Developed U.S. Government Position on the Antitrust Legality of OPEC
• Canadian Softwood Lumber
• Ocean Shipping Monopolization Case
• Representation of Three Japanese Trading Companies in various matters
• Representation of major companies in electric power, aerospace, international railroads, financial services, mining, steel, cement, glass, pharmaceuticals, automotive, agribusiness and consumer goods (soft drinks, supermarkets, magazines)
• Has advised on the antitrust aspects of numerous international mergers and joint ventures-more than 80 in total
• Has been counsel of record on a dozen Supreme Court briefs and wrote the winning brief in the landmark case, Image Technical Services v. Eastman Kodak.
• Lead Counsel for The D.C. Superior Court Trial Lawyers in a case brought by the Federal Trade Commission, ultimately decided in the Supreme Court
• Member of Plaintiffs Committee in the path breaking lawsuit against and settlement with, Libya for the bombing of PanAm 103 ($2 billion have already been recovered for the victims’ families).
• Acted for U.S. Department of the Treasury as a private attorney in controlling the international assets paid by Ivan Boesky in settlement of the U.S. government’s civil complaint against him for insider trading securities fraud.
• Expert witness on U.S. antitrust and foreign relations law in three legal proceedings

Admitted to the Bar:

• Member, District of Columbia Bar
• U.S. Supreme Court
• U.S. District Court, District of Columbia
• U.S. Court of Appeals District of Columbia Circuit
• U.S. Court of Appeals, Second Circuit

Publications:

Author of more than three dozen published articles on competition and international law topics. Co-editor with Carl J. Green: Competition Regulation in The Pacific Rim (Oceana 1996); Contributor: chapters on competition between the United States and Japan and international competition and regulatory policy in Graham and Richardson (eds.) Global Competition Policy (Institute of International Economics 1997) chapter on competition law and policy in Hufbauer (ed.) Europe 1992: An American Perspective(Brookings 1990) (with Bill Blumenthal) “Antitrust Guidelines” in Rock Rock and Sikora (eds.) The Mergers & Acquisitions Handbook (2d Edition) 1994. Co-Author (with William Knighton): National Laws and International Commerce: The Problem of Extraterritoriality. Boston: Routledge and Kegan Paul for the Royal Institute of International Affairs. Co-Author (with Donald I. Baker): U.S. Department of Justice Antitrust Guide for International Operations (Government Printing Office 1997) Author of Lawyer and Client: Who’s in Charge? Transaction Press 1977 (pb. (2d edition), and two other books.

Advisory Boards:

Bureau of National Affairs; Antitrust and Trade Regulation Reporter; The ICC Commission on Competition; The American Antitrust Institute; the George Washington International Law Review; Institute for Consumer Antitrust Studies Loyola University Chicago School of Law.

Foreign Speeches:

Speaker on Competition Law and Policy in: Japan, Australia, Great Britain, Canada, France and Germany.

Education:

• Yale College, B.A. Politics and Economics, summa cum laude, 1961
• Yale Law School, LL.B., 1966
• Balliol College, Oxford,1962
• Yale University, Ph.D. Political Science, 1970

Major Litigations:

• Union Carbide Corporation v. Komatsu Electronic Metals Co., Ltd., et al. (N.D. Cal.) in a $100 million claim involving high purity polysilicon (1988-89).
• FTC v. Superior Court Trial Lawyers Association (2d Circuit, U.S. Supreme Court 1987-1990).
• MAI v. Advanced Computer Systems, et al. (E.D. Va.) defense of copyright infringement claim with antitrust counterclaim (1992-93).
• Mediation before Judge Shirley Hufstedler defense of antitrust and RICO claims against RBOC; claims dismissed without payment of damages (1993).
• Sun Microsystems v. Microsoft Corporation (N.D. Cal.) alleged monopolization and other antitrust violations; largest antitrust settlement between two firms in history, $1.95 billion (2003-04).
• Neutral arbitrator in AAA arbitration in complex commercial breach of contract action involving international sports.

Major Counseling Engagements:

• Antitrust advice for Cisco Systems.
• Antitrust advice for Sun Microsystems.
• Antitrust advice to Check Point Software Technologies, Ltd.
• Antitrust advice to OpenTV (later acquired by TV Guide).
• Antitrust advice to Pacific Telesis.
• Antitrust advice to Mitel Corporation.
• Antitrust advice to British Department of Trade and Industry regarding U.S. antitrust law and the U.K. teletext industry.
• Antitrust and international legal advice to Japanese Ministry of Economics, Trade and Industry over an extended period regarding high technology.
• Antitrust and international law advice on retainer to the Government of Canada for 20 years.
• International legal advice to the Kingdom of Morocco.
• International legal advice to a Japanese electronics company.
• Antitrust advice to a Taiwanese chip manufacturer.
• Antitrust advice to a Chinese cell phone company.
• Antitrust advice to Canadian set top box manufacturer dealing with WebTV.
• Antitrust advice to a telecommunications chip manufacturer.
• Antitrust advice to a high tech company regarding counterclaim to submarine patents.
• Antitrust advice to global joint web hosting venture.
• Antitrust advice to a consortium of major electrical utilities operating nuclear power plants.