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Terry L. Sullivan

Terry Sullivan focuses her practice on complex civil litigation and has represented clients in numerous matters and class actions involving alleged violations of antitrust, copyright and patent laws, and claims of breach of contract, fraud, trade secret misappropriation and tortious interference. Ms. Sullivan’s representative clients include FORTUNE 100 companies in the petroleum and heavy equipment manufacturing industries. She also represents plaintiff classes in antitrust cases in the dairy and online DVD rental industries.

Ms. Sullivan holds an MBA and previously worked as a government cost accounting consultant to Howrey litigation counsel and in various capacities for a FORTUNE 500 communications and information technology company prior to receiving her law degree.

Representative Matters

• In re Southeastern Milk Antitrust Litigation (E.D. Tenn. 2007)
  Representing putative class of dairy farmer plaintiffs in antitrust and breach of contract litigation against several companies and individuals.
• Caterpillar Inc. v. International Truck & Engine (10th Cir. Ct. for Peoria County, IL 2002)
  Represented Caterpillar in litigation involving breach of contract, tortious interference and conspiracy claims. A settlement was reached in 2006 on Caterpillar’s claims.
• HotSamba, Inc. v. Caterpillar Inc. (N.D. Ill. 2001)
  Represented Caterpillar in litigation involving breach of contract, copyright infringement, trade secret misappropriation claims and breach of contract and fraud counterclaims. A three-week jury trial in 2006 resulted in a verdict that facilitated a settlement on the plaintiff’s claims and Caterpillar’s counterclaim.
• Hingel v. Exxon Corp. (Civ. Dist. Ct. for Orleans Parish, La. 2002)
  Represented ExxonMobil in litigation involving antitrust and other state law claims brought by terminated dealers. A two-week jury trial in 2002 resulted in the jury rejecting the antitrust claims and awarding a small judgment on one of the common law claims for one of the nine original plaintiffs.
• U.S. v. Franklin Electric Co. (W.D. Wis. 2000)
  Represented parties to a proposed joint venture in a two-week bench trial conducted in 2000 on the U.S. Department of Justice’s request for a permanent injunction.
• Allapattah Services, Inc. v. Exxon Corp. (S.D. Fla. 1999 and 2001)
  Represented ExxonMobil in a nationwide dealer class action claiming breach of contract. A five-week jury trial in the Southern District of Florida in 1999 ended in a hung jury. Retrial in 2001 resulted in a finding on liability and denial by the court of a “common fund judgment” for the class.
• Johnson v. Circuit City Stores, Inc. (4th Cir. 1997-1998) (Appellate Argument)
  Briefed and argued a Title VII case before the U.S. District Court of Maryland (1997) and U.S. Court of Appeals for the Fourth Circuit (1998).
• Godix Equipment Corp. v. Caterpillar Inc.; Universal Services, Inc. v. Caterpillar Inc. (S.D. Fla. 1996)
  Represented Caterpillar in private antitrust cases challenging parts acquisition and distribution practices. After presentation of the case to a jury in a five-week trial in 1996, Caterpillar prevailed on a Directed Verdict motion on antitrust claims and obtained a jury verdict on the state law claims.

Publications

• “Who Put Poison in the Jury Pool?” Litigation Management, The National Law Journal (June 11, 2007)
• “Technology in the Courtroom: A Powerful Tool,” Litig. & Tech. Suppl., Corp. Legal Times (December 2000)
• “The Future of State Unitary Taxation of Foreign-Owned U.S. Subsidiaries After Barclays Bank PLC v. Franchise Tax Board,” George Washington Journal of International Law & Economics, Vol. 28 (1995): 691

Industry Experience

Capital Accounting (Wholly-Owned Subsidiary of Howrey Simon), Washington, D.C., January 1992 - May 1995, Financial Consultant

• Provided financial litigation consulting services to the law firm and corporate counsel

Harris Corporation, Melbourne, Florida, October 1984 - January 1992

• Finance and Contract Administration (Oct. 1989 - Jan. 1992)
• Program Management (Oct. 1986 - Oct. 1989) (DOD Clearances)
• Proposal Estimating (Oct. 1985 - Oct. 1986)
• Materiel Management Systems (Oct. 1984 - Oct. 1985)

Ms. Sullivan is a member of the American Bar Association (Litigation Section, 1995 to present).