Mr. Simowitz has extensive experience in antitrust litigation, including representing clients before the Federal Trade Commission (FTC), the Antitrust Division of the Justice Department and state antitrust enforcement agencies, as well as in private treble-damage litigation. Mr. Simowitz has litigated antitrust cases in such industries as consumer electronics, agriculture, professional and amateur sports, auto parts, higher education, real estate, newspapers and newspaper features, soft drinks, airlines and transportation, surface mining, auto glass and paper and packaging.
In the area of healthcare, he has litigated matters involving hospital staff privileges, hospital mergers, pharmacy and other provider networks, and integration by hospitals into home healthcare services and equipment. In addition, he has wide experience in representing clients in merger and acquisition matters before the FTC and the Justice Department, including the required filings under the Hart-Scott-Rodino Act.
Mr. Simowitz has represented clients in both criminal and civil matters arising out of alleged conspiracies affecting electronics products, including liquid crystal display and cathode ray display panels.
Mr. Simowitz also represents clients in advertising and other consumer protection matters before the Federal Trade Commission and in private disputes under the Lanham Act. He has represented clients in investigations and litigation involving allegedly false or unsubstantiated advertising under Section 5 of the Federal Trade Commission Act and credit matters under the Truth in Lending Act and the Fair Credit Billing Act.
Mr. Simowitz often represents clients before the U.S. Consumer Product Safety Commission under the Consumer Product Safety Act and the other statutes administered by the CPSC, involving industries such as power tools, consumer communications equipment and kitchen appliances.
Mr. Simowitz practices extensively before appellate courts, including the United States Supreme Court, the federal courts of appeal and state appellate courts. He successfully represented a minority broadcaster before the Supreme Court when the Court upheld a Federal Communications Commission affirmative action program against constitutional attack [Metro Broadcasting, Inc. v. FCC, 497 U.S. 547 (1990)]. He has successfully briefed and/or argued antitrust cases before a number of federal courts of appeal, including:
Mr. Simowitz has been recognized as a 2010 BTI Client Service All-Star. BTI, a research and consulting firm, selects its awardees by conducting a yearly survey of more than 240 General Counsels at FORTUNE 1000 companies. In 2010, 165 attorneys from 112 firms were named BTI Client Service All-Stars.
Mr. Simowitz was on the staff of the Federal Trade Commission from 1973 through 1977, serving as a staff lawyer in the Bureau of Consumer Protection, as an assistant to the Director of the Bureau of Consumer Protection and as an attorney advisor to the Chairman.
Mr. Simowitz is a regular contributor to W. Fugate, Foreign Commerce and the Antitrust Laws (Little Brown 5th ed. 1996), including its annual supplements. He was a member of the editorial board for the ABA Antitrust Section’s standard reference work, Antitrust Law Developments (3d ed. 1992).
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