White & Case
  Lucius B. Lau
Counsel
Washington, DC

T: + 1 202 626 3696
F: + 1 202 639 9355
E:
Practice Experience
Lucius B. (Albie) Lau focuses his practice on litigation and regulatory affairs, with an emphasis on antitrust. A former Assistant Director in the Civil Division of the US Department of Justice, Mr. Lau has extensive courtroom experience. He has argued 75 cases at various trial courts and 21 cases on appeal.

In the antitrust arena, Mr. Lau handles both civil and criminal matters. He has experience defending corporations facing putative class-action lawsuits and multidistrict litigation. He has conducted internal investigations and represented corporations facing antitrust grand jury investigations. He also has experience enforcing immunity agreements with the government and defending corporations in criminal antitrust trials.

Currently, Mr. Lau represents Toshiba Corporation and several of its affiliates in antitrust class actions involving cathode ray tubes.

Significant litigation experience includes:
  • Appellate counsel in groundbreaking Freedom of Information Act case. In Stolt-Nielsen Transportation Group Ltd. v. United States, 534 F.3d 728 (DC Cir. 2008), the DC Circuit held that the Antitrust Division could not use FOIA to withhold its amnesty agreements in their entirety. This case is the first case in the world to deal with free access to antitrust amnesty agreements.
  • Trial counsel for Stolt-Nielsen SA, representing that company in its successful efforts to preserve its amnesty. United States v. Stolt-Nielsen SA, 524 F. Supp. 2d 609 (ED Pa. 2007). Stolt-Nielsen entered the Antitrust Division's Corporate Leniency Program in late 2002, only to have its amnesty revoked in 2004. Mr. Lau, as part of a team of White & Case lawyers, then sued the Antitrust Division for breach of contract, obtaining an injunction barring prosecution that lasted for over two years. When this injunction was lifted in 2006 and Stolt-Nielsen was indicted—contrary to the Antitrust Division's promise of amnesty—Mr. Lau and the White & Case team convinced the Court to dismiss the indictment after a three-week trial.
  • Lead trial and appellate counsel in successful defense of special import duties imposed by the President of the United States. Corus Group PLC v. George W. Bush, 217 F. Supp. 2d 1347 (CIT 2002), aff'd, 352 F.3d 1351 (Fed. Cir. 2003).
  • Lead appellate counsel in case preserving Chevron-deference for antidumping determinations rendered by the US Department of Commerce. Pesquera Mares Australes v. United States, 266 F.3d 1372 (Fed. Cir. 2001).

Bars and Courts
District of Columbia Bar, 1996
Virginia State Bar, 1994
US Supreme Court, 1999
US Court of Appeals for the District of Columbia Circuit, 2007
US Court of Appeals for the Federal Circuit, 1999
US Court of Appeals for the Second Circuit, 2008
US Court of Appeals for the Third Circuit, 2005
US Court of Appeals for the Fourth Circuit, 2008
US Court of Appeals for the Fifth Circuit, 2008
US Court of Appeals for the Sixth Circuit, 2008
US Court of Appeals for the Seventh Circuit, 2008
US Court of Appeals for the Eighth Circuit, 2008
US Court of Appeals for the Ninth Circuit, 2008
US Court of Appeals for the Tenth Circuit, 2008
US Court of Appeals for the Eleventh Circuit, 2008
US District Court for the District of Columbia, 2004
US District Court for the Eastern District of Virginia, 2005
US District Court for the Western District of Virginia, 2005
US Court of International Trade, 1995
US Court of Federal Claims, 2004

Education
JD, Georgetown University Law Center, (Articles Editor, American Criminal Law Review), 1994
AB, Stanford University, (Departmental Honors, Economics), 1989

Awards and Recognition
Younger Federal Lawyers Award, Federal Bar Association, 2000
Silver Medal Award, US Department of Commerce, 1997

Publications
"Enforcing the Promise of Amnesty in the Courts," The International Comparative Legal Guide to: Cartels & Leniency (Global Legal Group 2010) (with J. Mark Gidley)
"A US Court Of Appeals Provides Greater Transparency In Amnesty Process According To The Freedom Of Information Act," e-Competitions, n◦29842, www.concurrences.com (Dec. 2009)
"Atlantic Sugar and De Novo Review on Appeal: The Right Answer for Appellate Review of Antidumping and Countervailing Duty Determinations," 13 Fed. Cir. B.J. 221 (2004)
"Agency Interpretations of the Statute after Mead with a Special Emphasis on the Antidumping and Countervailing Duty Laws," 12 Fed. Cir. B.J. 223 (2002)

Languages
English

Citizenship
United States