About Lawrence - Larryfoxesq

Lawrence I. Fox, Esq.

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Lawrence I. Fox

Counselor-At-Law and Strategic Business Advisor

Practice Areas and Industries

Antitrust & Competition
Antitrust and Trade Regulation – Alcohol Regulatory & Distribution
Distribution Practices and Strategies
e-Business
Intellectual Property
Payment Processing
IP Litigation
Trade Associations
Trial

Bar Admissions

Courts

United States Supreme Court

U.S. District Courts

Education

Summary Profile

Lawrence I. Fox was a partner for over twenty-two years at McDermott Will & Emery and retired from the firm on December 31, 2012. When he was at the Firm he was a member of the Distribution Law & Strategies Group and was also the head of the Antitrust and Competition practice of the Firm’s New York office. He has represented clients in handling investigations, litigations, mediations, arbitrations and trials commenced by private plaintiffs as well as federal and state antitrust authorities. Larry’s litigation and counseling practice focused primarily in the areas of antitrust, trade regulation, franchising, distribution, e-commerce, payment processing dispute resolution and intellectual property. His distribution practice involved advising clients regarding their domestic and international activities. Now, Larry continues to provide counseling and strategic business advice regarding all of these areas.

Antitrust Litigation Experience

Secured a nationwide settlement of twenty-three consolidated antitrust class action lawsuits brought on behalf of all purchasers of magazine subscriptions in the country against a trade association, the Magazine Publishers of America (MPA), and fourteen magazine publisher defendants, alleging a Sherman Act price fixing conspiracy. As counsel for the MPA, and lead/coordinating counsel for all defendants, Larry negotiated a settlement wherein no monetary payments were made to the class members and the Court awarded no fees to plaintiffs’ counsel
Represented one of the nation’s largest music retailers in the defense of a consolidated class action lawsuit brought by 45 state Attorneys General and private plaintiffs alleging that CDs sold throughout the United States were the subject of an illegal price fixing agreement
Successfully represented one of the nation’s largest distributors of magazines, a joint venture of two of the country’s largest magazine publishing companies, in a $300 million Robinson-Patman price discrimination action. In this case Larry obtained Summary Judgment dismissing Plaintiffs’ claims which was subsequently affirmed by the Second Circuit Court of Appeals
Co-chaired trial team that obtained a complete defense verdict for one of New York City’s largest movie theater chains in an action wherein the plaintiffs alleged that the defendants (all of the major motion picture production companies and other large theater chains in New York) conspired in violation of Section 1 of the Sherman Act to keep first run movies from being shown in the Greenwich Village area
Co-chaired trial team that obtained a directed verdict for one of the largest syndicators of television shows in a case alleging illegal tying or “block-booking” where the plaintiff alleged that the defendant violated the Sherman Act by refusing to license certain games shows unless defendant also purchased other games distributed by the same company
Obtained a complete defense verdict in Federal Court on behalf of the oldest trade association of antiquarian book dealers in the country that had been charged with an alleged boycott in violation of Section 1 of the Sherman Act by an expelled member
Obtained on behalf of one of the world’s largest vodka distillers and its U.S. distributor a dismissal of a wholesaler’s Federal Court complaint alleging antitrust violations under the Sherman Act and Robinson-Patman Act.

Antitrust Counseling Experience

Prepares Domestic and International Distribution Agreements
Acts as general counsel to trade organizations
Routinely develops antitrust compliance programs for companies and trade associations
Counsels numerous companies regarding the creation and implementation of advertising and promotional programs in compliance with the Robinson-Patman Act and other Federal and State antitrust and consumer protection statutes
Develops Minimum Advertised Price Policies (MAP) and, post Leegin unilateral Manufacturer’s Suggested Resale Price Policies (MSRP)

Distribution Litigation Experience

Successfully represented a terminated North American distributor of solid surface laminate products in an action against a $70 billion foreign manufacturer which resulted in a favorable settlement
Successfully obtained a defense verdict after a two week trial on behalf of a beverage supplier in a $90 million dealer termination lawsuit
Successfully represented one of the world’s leading binocular manufacturers to terminate its forty year relationship with its exclusive U.S. distributor and thereafter to enter the market directly through a newly acquired subsidiary
Handled a substantial number of diverse distribution matters in the alcohol and non-alcohol beverage, book and magazine, home security, clothing, sports apparel, motorcycle, automobile, computer, optical equipment, chemicals, pharmaceutical, medical products, food, camera, music and other consumer products industries

Distribution Counseling Experience

Counseled a joint venture of two of the nation’s largest magazine publishing companies in the total redesign and implementation of a unique method for distributing magazines to wholesalers throughout the United States
Assisted one of the world’s leading manufacturers of cameras and photographic equipment in the development of a new co-op advertising and a Minimum Advertised Price Program (MAP) and a unilateral Manufacturer Suggested Resale Price Policy (MSRP) for distributors and retailers
Assisted a global supplier of pharmaceutical excipients to terminate its North American and Puerto Rico distributors to implement a direct to customer supply arrangement
Assisted an Israeli-based pharmaceutical company to restructure its distribution relationship with a major U.S. based pharmaceutical company concerning the client’s distribution of drug eluding heart stents in the United States and Mexico

Federal Trade Commission and Intellectual Property Litigation Experience

Represented clients in a number of federal court matters involving the Federal Trade Commission and has obtained favorable settlements for clients in a number of advertising and e-commerce cases brought by the FTC alleging violations of Section 5 of the FTC Act, TDDRA and the Pay-Per-Call-Rule, where the FTC has sought extreme remedies such as 13(b) seizures, asset freezes, temporary restraining orders and/or preliminary injunctions Other Significant Antitrust Intellectual Property and Payment Processing Transactions Litigation Experience
On behalf of the world’s largest automobile manufacturer, Mr. Fox successfully obtained a dismissal with prejudice of antitrust claims brought by 120 wholesalers and jobbers asserting that the manufacturer had violated Section 2(a) of the federal Robinson-Patman act which prohibits anticompetitive price discrimination
Challenged successfully, on First Amendment grounds, the constitutionality of a Congressional act banning the use of the name “Crazy Horse” on a malt liquor product. Later, he defeated an effort by the heir to the legendary Native American Crazy Horse to prevent the use of this name in a proceeding in the Rosebud Sioux Tribal Court and ultimately had his victory in the Tribal Court affirmed by the Eighth Circuit Court of Appeals.
Co-chaired the trial team in a one-year jury trial on behalf of the Country’s largest retail art galleries in an art fraud case in the state of Hawaii concerning the life and works of Salvador Dali
Litigated cases dealing with a number of trademark and copyright issues, including the successful defense of the constitutionality of the copyright treaty between the United States and Taiwan. In this case, Larry’s position was supported by the intervention of the United States government and 50 trade associations representing computer, entertainment firms and several trademark and copyright societies
Successfully represented the Master licensor of the trademarks of celebrity Jessica Simpson in a $100 million litigation commenced by a terminated clothing sub-licensee
Successfully defeated injunction motion brought by Lucky Brand Dungarees, Inc. and Liz Claiborne against Marcel Fashion Group, Inc., the owner of the first registered trademark “Get Lucky.” The decision denying the injunction was affirmed by the Second Circuit Court of Appeals. Thereafter, Larry obtained a sanctions award against Lucky Brand and Liz Claiborne for discovery abuses. The Court awarded Larry’s client partial summary judgment, an injunction, and over $100,000 in fees and costs.
Successfully, on behalf of the Global Internet Association and separately on behalf of independent merchants, ISOs and MSPs, Larry has handled a number of disputes with acquiring banks involving fines and penalties they imposed on merchants arising from alleged violations of the rules of the payment card organizations including MasterCard and Visa.

Lecturer, Author and Professional Recognition

Larry has also lectured extensively on antitrust, dealer distribution, franchising and termination issues. He has been a lecturer at the “Distribution and Dealer Termination Law Seminar,” sponsored by Law Journal Seminars-Press and delivered a lecture at one of China’s leading law schools, Zhejiang Gongshang University Law School, entitled, “The U.S. Antitrust Laws and the New Chinese Anti-Monopoly Law: Two Paths Towards a Policy of Enhanced Competition.” Larry has authored several articles on distribution related topics, including Strategies for Sellers and Buyers in a Dealer Termination Context. He also authored a chapter entitled, “Consents and Settlement Agreements,” in Antitrust Law in New York State, published by the New York State Bar Association and also published by the ABA Section of Antitrust. He is also co-author of “New York Antitrust and Consumer Protection Law” (Third Edition), which was published by the New York State Bar Association, in 2011. For two years, Larry served as chairman of the Antitrust Law Section of the New York State Bar Association, and is currently on the executive committee of the Section. He was also selected to serve as a member of the New York State Bar Association’s House of Delegates. Since 2007, Larry has been a member of the Editorial Advisory Board of the National Institute for Trial Advocacy (NITA). In 2010, Larry was selected by the president of the New York State Bar Association to serve as one of six members of the Bar Association’s Special Committee On Pleading Standards In Federal Litigation. Each year since 2011 he has been selected for inclusion in the American Registry’s Inaugural Edition of “America’s Most Honored Professionals,” and received from Martindale-Hubbell its highest rating in both Legal Ability and Ethical Standards: “AV Preeminent.” Larry has been recognized each year from 2006 to 2023 by New York Metro Super Lawyers magazine as being among the top five percent of lawyers in the New York metro area. He also has been selected for inclusion in Best Lawyers in America each year from 2008 through 2023 with special recognition for his work in Antitrust Law and for the years 2012-2023 with special recognition for his work in both Antitrust Law and Antitrust Litigation. In 2015 Larry was invited to become a Fellow of the Litigation Counsel of America, the trial lawyer honorary society, composed of less than one half of 1% of American lawyers. Fellows are selected by invitation only based upon effectiveness and accomplishments in litigation, both at the trial and appellate levels, and superior ethical reputation.

Memberships and Affiliations

Larry is a member of the bars of New York, Pennsylvania, the District of Columbia and the Rosebud Sioux Tribal Court. He is also admitted to practice before the U.S. District Courts for the Southern, Eastern and Northern Districts of New York; the U.S. District Court for Hawaii; the U.S. Court of Appeals for the Second, Eighth, Ninth and District of Columbia Circuits; and the Supreme Court of the United States. Larry was the editor of the American Criminal Law Review while attending the Georgetown University Law Center.