David H. Evans

Partner

Practice Description

David H. Evans chairs Chadbourne’s Antitrust and Competition Law Practice. David manages a diverse practice that includes civil and individual criminal antitrust litigation as well as complex international mergers and acquisitions. David has significant experience in a wide range of markets including electronic commerce, computers and hardware, software, networks, private equity, automotive, chemicals, medical devices, defense items and books.

The most critical element of an attorney's representation is understanding the client’s business objectives. Antitrust and competition law is complicated and inaccessible. It can also carry significant risk. While it is important to understand the law itself and current enforcement fashion, that understanding would be meaningless if the attorney cannot apply it. Mr. Evans understands the relationship with the client is paramount—accomplishing goals quickly and efficiently, well within the client's value range, and making sure the client is happy and satisfied are cornerstones to this understanding.

• Mr. Evans has worked with several large, international companies and private equity funds on their merger and acquisition work in the States and abroad. He has an extensive knowledge of the premerger notification regime in the States and has managed the "big picture" on dozens of international transactions and international notifications and investigations. Chadbourne has an extensive network of local counsel around the world and can draw on those counsel entities best suited for a particular deal in a particular jurisdiction. He has also counseled clients, large and developing, on optimal document and data generation, transaction structure and defense of transactions.
  • Mr. Evans has extensive knowledge of the HSR Act and has counseled many United States and foreign companies on their filing duties, and notification strategy, in the States.
  • Mr. Evans recently concluded a 3-million document, dual-product Justice Department Second Request in 3 months.
• Mr. Evans has represented several companies and funds in civil antitrust suits. He has won many motions to dismiss with prejudice and appeals of those judgments. He has defended clients through discovery and trial as well. He also has extensive experience responding aggressively to intrusive third party discovery.
  • Mr. Evans recently won a motion to dismiss with prejudice in an essential facilities/concerted refusal to deal case involving an internet-based network.
  • He also won the appeal unanimously.
  • He also recently won a motion to dismiss with prejudice in a private equity bid rigging case.
• Mr. Evans has represented many companies responding to government inquiries, from informal requests for information to complex civil investigations that drag on for years.
  • Mr. Evans successfully ended a Justice investigation of bid rigging in the private equity sphere.

The following are some representative matters Mr. Evans has worked on during his career.

Representative Matters

Litigation

•  Loren Data v. GXS (motion to dismiss granted with prejudice; appeal unanimously affirmed; review denied)
•  Avid Technology v. Harmonic (patent infringement)
•  Puerto Rico Telephone Co. v. San Juan Cable (Noerr-Pennington)
•  Pennsylvania Avenue Funds v. Francisco Partners (bid rigging)
•  Macquarie Group v. Pacific Group (monopolization, plaintiff)
•  Mayer Labs v. Church & Dwight (represented third party)
•  United States v. SKW Metals & Alloys (criminal price fixing)
•  In re Ferrosilicon Antitrust Litigation (civil price fixing)
•  In re Brand Name Prescription Drugs (civil price fixing)
•  KCI v Hillenbrand (monopolization)

Mergers, Acquisitions and Joint Ventures

• GXS/Inovis (electronic commerce; States, UK)
• GXS/IBM (electronic commerce; States, UK)
• GXS (various)
• GDF Suez/International Paper (Abu Dhabi)
• Avid Technology (various)
• TUI AG (various)
• Francisco Partners (various)
• Toyota/General Motors – NUMMI
• Toyota/General Motors – Hydrogen Vehicle Joint Venture
• Toyota (various)
• World Fuel (various)
• Rheinmetall AG/Alliant TechSystems (joint venture)
• Bayer AG/Sybron Chemicals
• Bayer AG/Sun Chemicals
• Federal Mogul/FelPro

Counseling/Markets

• Private equity (deals; organization; minority interests; investigations)
• Automotive manufacturing and distribution
• Automotive supply
• Electronic commerce
• Software
• Specialty audio/visual products
• Banking
• Steel additives
• Dental supply
• Logistics
• Heavy industry
• Postal services
• Transportation
• Trade Associations
• Travel and leisure
• Chemicals
• Health Care
• Books and electronic books
• Project finance
• Cosmetics
• Petroleum products sales and distribution

Investigations

• Andean banking
• Private equity bid rigging.
• Whole Foods / Wild Oats. (Third party subpoena.)
• SKW Metals & Alloys (criminal)

Pro Bono

• Team Rubicon. http://teamrubiconusa.org/ (emergency response NGO founded by former marines)

Activities and Affiliations

Publications

David is a contributor to TMT Perspectives: http://www.tmtperspectives.com, a blog providing fresh insight, analysis and practical perspectives on the business, legal and policy developments affecting the telecom, media and technology sectors.