David Young is a senior attorney in Ropes & Gray’s antitrust practice group. David represents a variety of health care, software, media, technology, transportation, and biotechnology companies in both civil and criminal antitrust litigation and merger investigations. His work includes regulatory advocacy before the Federal Trade Commission and Department of Justice, as well as counseling firms on compliance programs, pricing questions, contract structures, the intersection of antitrust and intellectual property, and potential mergers and acquisitions. He regularly advises clients on issues related to joint ventures, potential mergers, pricing and distribution practices, and issues related to refusals to deal and group boycotts.
Representative Antitrust Transactional Matters include:
- Represented Bloomberg on antitrust aspects of its planned acquisition of Broadway Technology, a cutting-edge provider of high-performance front-office fintech solutions.
- Represented Bain Capital in sale of controlling stake in major industrial products manufacturer through a Second Request and settlement with the Federal Trade Commission.
- Represented non-profit hospital system in a Second Request and merger litigation related to acquisition by leading health care system in Northern New Jersey.
- Represented Charter Communications and employees in connection with the AT&T/Time Warner merger investigations and trial.
- Represented Bain Capital in $18 billion acquisition of Toshiba Memory Corporation; transaction cleared in United States without a Second Request.
- Represented Access in its acquisition of assets of Arkive Information Management; transaction cleared without a Second Request.
- Represented AlticeUSA in multiple merger investigations and matters concerning conduct by third parties.
- Represented magazine publisher in acquisition of magazine assets; transaction cleared without a Second Request.
- Represented TPG in its successful sale of DataQuick for $661 million after a Second Request.
- Represented Google in its $2.35 billion sale of Motorola Home to Arris without a Second Request.
- Represented Cubist in its $1.24 billion acquisitions of Trius and Optimer without a Second Request.
- Represented Becton Dickinson in in its successful sale of its Discovery Labware unit to Corning for $730 million, despite a Second Request.
Representative Litigation Matters include:
- Counsel to a global pharmaceutical company in the Northern District of California asserting Lanham Act claims related to a competitors’ false and misleading marketing of unapproved drug products as FDA-approved generics for client’s NDA-approved prescription drug. Defended against claims of antitrust and state law violations and reached favorable settlement.
- Counsel to technology firm in ongoing Department of Justice investigation into standard-setting practices.
- Counsel to medical device corporation in ongoing litigation with competitor relating to exclusive supply arrangement.
- Beltran v. Interexchange (D. Col.): Senior associate on litigation team representing putative defendant in class action litigation involving antitrust, contract, and FSLA claims. Successfully opposed plaintiffs’ motion to join client into the litigation.
- In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.): Senior associate on litigation team representing Fortune 500 airline in class action price fixing litigation.
- Retrophin v. Questcor Pharmaceuticals (C.D. Cal.): Senior associate on the litigation team defending Questcor in a monopolization suit brought by putative competitor.
- Cablevision v. Viacom (S.D.N.Y.): Represented Cablevision in lawsuit challenging Viacom for unlawfully tying its programming networks; successfully opposed motion to dismiss and obtained settlement.
- Counseled Google in government antitrust investigations into intellectual property practices and antitrust exemptions and immunities.
Pro Bono Practice
- Extensive experience representing individuals in pro bono public benefits matters, guiding clients through all stages of claims for Social Security disability benefits, from initial applications, requests for reconsideration, and hearings before administrative law judges, as well as challenges to overpayments and appeals to the Social Security Appeals Council and U.S. District Court. Represented clients before the D.C. Office of Administrative Hearings and the D.C. Court of Appeals on unemployment claims, Medicare and Medicaid benefits disputes, and Supplemental Nutritional Assistance Program (SNAP) matters.
- Jacob v. Berryhill, No. 1:15-cv-00600-DAR, 2017 WL 1194165 (D.D.C. Mar. 30, 2017): Represented Social Security claimant seeking Supplemental Security Income benefits. Obtained summary judgment with substantially all relief sought from District Court.
- Project Vote v. Kemp, No. 1:16-cv-2445-WSD, 2016 WL 5092512 (N.D. Ga. Sept. 20, 2016): Lead a litigation team representing a voting rights advocacy group seeking to inspect Georgia’s voter registration records under the National Voter Registration Act of 1993 prior to the 2016 general election. The team successfully obtained a preliminary injunction granting substantially all of the relief sought and defended against a motion to dismiss.
- In law school, David was a student attorney who successfully represented a civil rights claimant seeking to reinstate his discrimination claims before the U.S. Court of Appeals for the District of Columbia Circuit.