William DeVinney

Counsel

Washington, D.C.
T +1.202.861.1554
F +1.202.861.1783

Overview

William DeVinney has a broad litigation practice that includes antitrust, intellectual property, commercial class action, securities and other complex commercial litigation. He has extensive trial experience, both as a member of trial teams and as first chair in jury and bench trials, arbitrations proceedings and regulatory hearings, and has argued cases before several federal and state appellate courts. William also counsels clients on antitrust issues.

Select Experience

  • Member of a team representing 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. Litigation was settled for more than 70 percent of the alleged damages.
  • Represented a multinational consumer goods company in a consumer class action alleging false advertising. The complaint against the client was dismissed with prejudice.
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Experience

  • Member of a team representing 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. Litigation was settled for more than 70 percent of the alleged damages.
  • Represented a multinational consumer goods company in a consumer class action alleging false advertising. The complaint against the client was dismissed with prejudice.
  • Represented a multinational chemical and agricultural biotechnology corporation against a Sherman Act Section 2 claim brought by a competitor alleging that the client had either monopolized or attempted to monopolize the alleged market for transgenic corn seed.
  • Defended a multinational chemical and agricultural biotechnology company accused of monopolizing the market for the transgenic corn seed industry. A motion for class certification by the plaintiff was rejected by the trial court and before the Third Circuit on appeal.
  • Represented a multinational technology company in a private antitrust claim brought by a competitor, as well as in investigations brought by the European Union, the Federal Trade Commission and state government enforcement agencies.
  • Defended a former executive of Bankers Trust Corp. in a criminal trial and related Securities and Exchange Commission (SEC) administrative proceedings arising from the alleged improper accounting treatment of unclaimed funds. After a six-week jury trial, the client was acquitted of all 36 counts in the indictment and a favorable settlement was reached with the SEC.

Recognitions and Memberships

Pro Bono

  • Served as lead counsel for three congressional representatives and a public interest group filing an amicus brief in the United States Supreme Court.
  • Has represented several clients in fair housing cases in antidiscrimination, fair housing, landlord/tenant and contractual disputes.

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • District of Columbia
  • New York

Education

  • J.D., William & Mary Law School, 1998
  • B.S., Cornell University, 1991

Blog

In The Blogs

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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...
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Antitrust Advocate
Presidential Powers and Antitrust Politics: Part One
July 31, 2017
In June, we discussed the Trump administration’s candidate for the top post in the Department of Justice’s Antitrust Division: Makan Delrahim. During Delrahim’s confirmation hearing, Sen. Amy Klobuchar pressed him, “What would you do, if...
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Antitrust Advocate
The ‘Failing Firm’ Defense and How Not to Lose It, Article Explains
July 19, 2017
Law360 featured an insightful article today on a recently unsealed court opinion blocking the $367 million merger of rival nuclear waste processing companies. The court blocked the merger, while rejecting the parties’ argument that the...
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Antitrust Advocate
DOJ’s Possible Antitrust Chief’s Senate Confirmation Hearing
June 19, 2017
Last month, we discussed Makan Delrahim’s background, including his experience litigating antitrust and intellectual property matters at the Department of Justice during the George W. Bush administration and his extensive lobbying work at...
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Antitrust Advocate
Hospital Seeks Second Opinion on Certifying Class with Uninjured Members
June 13, 2017
Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were harmed, the...
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