Concentration

Summary

David Rodi's commercial practice focuses on litigation, antitrust counseling and regulatory investigations.

Mr. Rodi has repeatedly represented pharmaceutical companies, medical device manufacturers and energy companies in antitrust litigation, including antitrust claims under the Walker Process doctrine. 

He has provided antitrust counseling to manufacturers dealing with Internet discounters, to chemical manufacturers concerning bidding issues and to companies in the oilfield services industry.

Mr. Rodi frequently represents gasoline refiners in suits against franchised dealers involving pricing disputes under the Uniform Commercial Code, antitrust claims, business torts and claims under the Petroleum Marketing Practices Act.

Mr. Rodi has also been heavily involved in corporate investigations under the Foreign Corrupt Practices Act and the Commodity Exchange Act. He worked extensively on antitrust litigation and regulatory investigations related to the 2000-2001 California wholesale electricity crisis.

Mr. Rodi has tried lawsuits, conducted numerous TRO and preliminary injunction hearings and participated in AAA and NASD arbitrations. He has been the lead lawyer in appeals before the Fifth Circuit, Seventh Circuit and Texas state appellate courts.

In May 2008, he successfully presented oral argument in an antitrust appeal regarding alleged tying and price fixing in the market for credit card processing services offered to service station dealers. Sheridan v. Marathon Petroleum Co., 530 F.3d 590 (7th Cir. 2008).

Before joining the firm, Mr. Rodi served as a law clerk to the Honorable Barefoot Sanders of the United States District Court for the Northern District of Texas.

Representative Engagements

• Actelion Pharmaceuticals Ltd. - defended pharmaceutical company in a suit asserting antitrust and tort claims arising out of a corporate acquisition
• Shell Oil Company/Marathon Petroleum Company – state and federal suits involving PMPA claims, bad-faith pricing claims and antitrust issues
• Ford Motor Company – commercial dispute against a component part manufacturer involving contractual and UCC pricing issues
• Goldman Sachs Specialty Lending Holdings - represented lender in establishing a federal receivership to protect a borrower's assets that were being squandered by company insiders
• Marathon Oil Corporation – Foreign Corrupt Practices Act investigation
• Hydril Company – represented a tool joint manufacturer pursuing Walker Process antitrust claims in district court and on appeal. Hydril Co. v. Grant Prideco L.P., 474 F.3d 1344 (Fed. Cir. 2007)
• Halliburton Company – representation in federal investigative proceedings
• Reliant Energy – state and federal regulatory investigations of the deregulated electricity markets
• Medela, Inc. – represented a medical device manufacturer on antitrust counterclaims in patent suit
• Chemical manufacturer - representation in Department of Justice antitrust grand jury investigation

Publications, Speeches and Presentations

• Panel Chair, "Antitrust Dos and Don'ts in Patent and Technology Licensing," Licensing Executive Society Spring Meeting, New York, May 2011
• "Congress and the Courts Tackle Credit Card Fees at Service Stations," Global Competition Policy, July 2008
• Panelist, "PMPA Annual Update," Petroleum Marketing Attorneys' Meeting, Washington, D.C., April 1, 2008
• Presenter, "Antitrust Update: Predatory Pricing and Related Issues," National Armored Car Association Annual Meeting, Houston, Nov. 6, 2007
• "Don't Jump the Gun With Merger or Joint Venture Partners," Houston Business Journal, Business Survival Guide, April 2006
• The Filed-Rate Defense: A Regulatory Doctrine Survives the Restructuring of the Electricity Industry," The Energy Antitrust News, Winter 2004 (Rufus W. Oliver, co-author)