FTC Chief Trial Counsel James Weingarten Joins Milbank's Antitrust and Competition Group

NEW YORK, June 17, 2024 /PRNewswire/ -- Milbank LLP is pleased to announce the addition of James H. Weingarten as a partner in Washington, DC, further strengthening the firm's Global Antitrust and Competition group and the firm's broader Litigation group. Mr. Weingarten joins Milbank from the Federal Trade Commission, where he was most recently Chief Trial Counsel for the Bureau of Competition. As Chief Trial Counsel, he was one of the most senior trial lawyers representing the US government in antitrust matters.

(PRNewsfoto/Milbank LLP) (PRNewsfoto/Milbank LLP)

"We are thrilled to welcome James to Milbank," said Milbank Chairman Scott A. Edelman. "James has led some of the FTC's most significant investigations and trials in recent years, and his experience will be invaluable to our clients facing bet-the-company investigations and litigation in this current heightened regulatory environment."

Milbank has significantly expanded its Global Antitrust and Competition group in recent years, including the additions of partners Rich Parker, Grant Bermann, Adam Di Vincenzo and special counsel Daniel Rosenthal in Washington, DC, and partners Andrea L. Hamilton and Ajal Notowicz in London.

Mr. Weingarten's practice will focus on representing clients facing government antitrust investigations and litigation and private antitrust litigation. He will advise clients in both assessing and mitigating antitrust litigation risk and representing them before competition agencies and in court.

"James brings not only strong government enforcement and trial experience, but also eminent knowledge in the technology, healthcare and pharmaceutical industries that will greatly benefit clients who face both government and private antitrust challenges," said partner and Chair of the American Bar Association's Section of Antitrust Law Fiona A. Schaeffer.

During his time at the FTC, Mr. Weingarten first-chaired trials and led teams to develop and try antitrust cases challenging both mergers and conduct alleged to violate the antitrust laws. He advised Commission leadership on litigation strategy and policy and worked closely with state attorneys general and international competition agencies.

His experience with merger litigation includes first chairing the FTC's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard, Inc. and leading trial teams challenging mergers in a variety of industries, including healthcare, pharmaceuticals and technology. He also was the lead attorney in the FTC's successful challenge of Nvidia Corp.'s proposed $40 billion acquisition of ARM Holdings. Before departing the FTC, Mr. Weingarten was the lead attorney on the FTC's challenge to Kroger's $26 billion acquisition of Albertsons. Mr. Weingarten also has extensive experience trying Sherman Act cases, including FTC v. Vyera Pharmaceuticals, Inc., FTC v. Abbvie, Inc. and In re Impax Labs, Inc. Most recently, in FTC v. Syngenta Corp., he successfully argued against the defendants' motions to dismiss the FTC's complaint alleging unlawful monopolization in the pesticides industry.

Prior to joining the FTC, Mr. Weingarten was a trial attorney in private practice, where he represented businesses and individuals in complex civil litigation and at trial. He was a member of several trial teams, including the team that won a complete defense verdict in the In re Nexium (Esomeprazole) jury trial, the first pharmaceutical pay-for-delay case to go to trial after the Supreme Court's landmark Actavis decision. He also first-chaired the defense in a felony conspiracy case that resulted in a jury verdict acquitting his client on all felony charges.

"It is a great privilege to join Milbank," said Mr. Weingarten. "The attorneys are extraordinarily talented and collaborate to provide the highest level of client service. And they do it with a focus on excellence and grit that immediately appealed to me as a trial lawyer. I am excited to bring my trial experience to the antitrust practice at Milbank."

Mr. Weingarten received his J.D., magna cum laude, from Harvard Law School and his B.A., magna cum laude, from Yale University. After law school, he clerked for then Chief Judge Danny J. Boggs of the U.S. Court of Appeals for the Sixth Circuit.

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