Gregory J. Commins Jr.

Partner

Washington, D.C.
T +1.202.861.1536
F +1.202.861.1783

"The team of Bob Abrams, Greg Baker, Greg Commins, Gil Keteltas and Terry Sullivan have been representing Caterpillar in complex litigation for more than two decades and have done a remarkable job..."

— James M. Rooney, Deputy General Counsel and head of litigation, Caterpillar Inc.

Overview

Greg Commins is an established trial lawyer who focuses his practice on matters involving antitrust class action litigation, intellectual property disputes and complex commercial litigation. He has experience representing both plaintiffs and defendants in multiweek trials and on appeal throughout the country, as well as providing counsel on a variety of complicated commercial issues.

Greg is a contributor to BakerHostetler's Antitrust Advocate blog, providing informative commentary on the latest developments in the antitrust litigation sector.

Select Experience

  • Representing a class of dairy farmers in the northeastern United States against defendants in an action alleging violations of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Northeast.
  • Represented a certified class of dairy farmers located in 14 southeastern states against Dairy Farmers of America, Dean Foods and a number of other defendants in an action alleging violations of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Southeast. The litigation was settled for more than 70 percent of the alleged damages.
  • Represented a manufacturing client in two five-week jury trials regarding the prosecution of breach of contract and trade secret misappropriation claims involving the proper ownership and inventorship of fuel injector patents in which the plaintiff's verdicts were rendered. Moved for summary judgment against the defendants' counterclaims for breach of contract, trade secret misappropriation and fraud, which was granted.
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Experience

  • Representing a class of dairy farmers in the northeastern United States against defendants in an action alleging violations of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Northeast.
  • Represented a certified class of dairy farmers located in 14 southeastern states against Dairy Farmers of America, Dean Foods and a number of other defendants in an action alleging violations of sections 1 and 2 of the Sherman Act by unlawfully conspiring to eliminate competition for the marketing, sale and purchase of raw milk in the Southeast. The litigation was settled for more than 70 percent of the alleged damages.
  • Represented a manufacturing client in two five-week jury trials regarding the prosecution of breach of contract and trade secret misappropriation claims involving the proper ownership and inventorship of fuel injector patents in which the plaintiff's verdicts were rendered. Moved for summary judgment against the defendants' counterclaims for breach of contract, trade secret misappropriation and fraud, which was granted.
  • Represented a manufacturing client in a private antitrust case challenging parts acquisition and distribution practices. The client prevailed on directed verdict motion on the antitrust claims and obtained a jury verdict on the state law claims after presentation of the case to a jury in a five-week trial. 
  • Represented a manufacturing client in nine lawsuits over seven years involving claims of breach of contract, breach of license agreements, tortious interference, trade secret misappropriation and fraud in which settlements were obtained. Handled similar matters for the client against the same parties in multiple federal districts (patent infringement cases), Illinois state court (breach of contract claims) and before the United States Patent and Trademark Office (separate interference and reexamination proceedings).
  • Represents a manufacturing client in a patent infringement action with a supplier alleging the client's infringement on five patents related to tool production. Countered with a claim that the supplier had infringed on two of the client's patents. The ongoing matter is challenging the business relationship between the client and supplier, adding challenges to the business operations feeding into competing lawsuits.
  • Served as counsel on behalf of steel company plaintiffs alleging unlawful conspiracy to monopolize against various railroads. The matter resulted in a plaintiff's verdict, which was upheld on appeal.
  • Represented a client in a patent infringement lawsuit involving WCDMA and GSM technology in which the stipulation of noninfringement of one patent was reached following the court's Markman ruling; on the second patent, an order was entered precluding the plaintiff's damages expert under Daubert and summary judgment of no-pursuit damages based on the plaintiff's failure to mark under 35 U.S.C. 287(a) was obtained.
  • Representing a manufacturing client in a patent infringement lawsuit involving vehicle tracking technology.
  • Representing a manufacturing client in a patent infringement suit related to vehicle management systems.
  • Representing a manufacturing client in a patent infringement suit related to an internet organizer for accessing geographically and topically based information.
  • Served as counsel in a four-week jury trial involving claims of copyright infringement and breach of contract involving software. Following the trial, the parties settled the case.
  • Acted as counsel in a bench trial. Sought a preliminary injunction against trade secret misappropriation in a case involving the provision of technical support services to the Royal Saudi Air Force.
  • Serving as counsel in a six-week jury trial, defended a client against antitrust, fraud and misrepresentation claims based on a manufacturer's export restrictions that were promulgated in order to support overseas distributors and customers. Obtained judgment as a matter of law on the antitrust claims at the close of all the evidence. The jury returned verdicts in favor of the client on all remaining claims. The judgment was affirmed on appeal.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2014 to 2017)
    • Recommended in Antitrust - Civil litigation/class actions
  • Washington, D.C. "Super Lawyer" (2012 to 2017)

Memberships

  • Pauline Newman American's Inn of Court
  • American Bar Association

Pro Bono

  • Worked with the Archdiocesan Legal Network.

Prior Positions

  • Howrey LLP, Commercial Litigation Group: Co-Chair

Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Columbia
  • U.S. District Court, Central District of Illinois
  • District of Columbia
  • New York

Education

  • J.D., Georgetown University Law Center, 1990, magna cum laude; Order of the Coif; Executive Editor, Georgetown Journal of Legal Ethics (1989 to 1990)
  • B.A., Cornell University, 1987

Blog

In The Blogs

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Antitrust Advocate
Supreme Court to Decide First Antitrust Case in Two Years
November 9, 2017
On Oct. 16, the U.S. Supreme Court granted certiorari in United States v. American Express, the court’s first antitrust case of the 2017 term and the first antitrust case they have reviewed since 2015. The American Express case presents...
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Antitrust Advocate
Antitrust Partner Dan Foix to Present at Upcoming AAI Conference
October 31, 2017
Danyll Foix, an antitrust partner in BakerHostetler’s Washington, DC office, will be a speaker at the 11th Annual Private Enforcement Conference of the American Antitrust Institute on November 7, 2017. Foix will join a panel discussion of...
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Antitrust Advocate
Presidential Powers and Antitrust Politics: Part Three
October 13, 2017
In July and August, we discussed the president’s role in setting antitrust policy at the Department of Justice, Antitrust Division. Specifically, we pointed out that presidents routinely face competing domestic and foreign policy...
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Antitrust Advocate
Recent Investigation Closing Suggests FTC’s Process Reforms Might Be Meaningful
October 4, 2017
Back in April, we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” including “process reforms” for civil...
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Antitrust Advocate
‘Tryin’ to Loosen My Load’ – FTC’s New CID Process May Reduce Your Antitrust Investigation Burden*
August 7, 2017
In April we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” in the words of FTC Acting Chair Maureen K...
Read More ->