Mr. Grannon's practice focuses on antitrust matters, including civil and criminal defense as well as counseling for mergers and acquisitions and settlements of pharmaceutical patent litigation. He also advises clients on the Foreign Corrupt Practices Act and the Foreign Sovereign Immunities Act.

In 2010, Mr. Grannon was named one of the top ten antitrust lawyers in the United States under the age of 40 in Law360's "Rising Legal Stars Under 40." That ranking noted, "Eric Grannon has a reputation for taking on the U.S. government in high-profile antitrust cases . . . ." Previously, the Global Competition Review named him one of the top "25 competition experts from 10 jurisdictions" to have passed through the "revolving door" between competition enforcement and private practice.

Mr. Grannon returned to White & Case LLP after serving as Counsel to the Assistant Attorney General in charge of the Antitrust Division of the United States Department of Justice (DOJ). As a front-office Counsel, he formulated US antitrust enforcement policy and managed the civil and criminal investigations and court cases launched by the Antitrust Division. He ended his DOJ service with a detail as a Special Assistant US Attorney in the District of Columbia, trying twenty bench and jury trials as lead counsel.

Mr. Grannon was lead counsel for two pharmaceutical companies successfully dismissing a "pay for delay" antitrust suit brought by the Federal Trade Commission (FTC) in In re AndroGel Antitrust Litigation (FTC v. Watson Pharms., et al.), 687 F. Supp. 2d 1371 (N.D. Ga. 2010). He also has counseled numerous pharmaceutical patent settlements that have avoided scrutiny by the FTC and class-action bar. Mr. Grannon was lead counsel for a semiconductor manufacturer in both the DOJ's SRAM grand jury investigation, which concluded in no indictment, and the parallel class-action litigations. He was lead merger counsel for the acquisition by Iron Mountain, Inc. of Archives One, Inc. In addition to his win against the FTC in AndroGel, Mr. Grannon's experience includes several other headline victories against the federal antitrust agencies, including US v. Stolt-Nielsen, FTC v. Schering-Plough, and US v. Sungard Data Systems.

In private practice, Mr. Grannon has worked on six matters before the US Supreme Court, including as co-lead counsel for petitioners in the recent defense win in Stolt-Nielsen, S.A. v. AnimalFeeds Int'l Corp., 130 S. Ct. 1758 (2010), which changed US law regarding class arbitration. Mr. Grannon led the coordination of supporting amici curiae at both the petition stage and on the merits. In 2010, the Stolt-Nielsen Supreme Court victory won the Litigation Category in the Financial Times US Innovative Lawyers Report. Another leading publication featured the Stolt-Nielsen win in naming White & Case one of the top ten class-action defense firms in 2010. Mr. Grannon recently served as lead counsel for the Chamber of Commerce of the United States of America as amicus curiae in Jock v. Sterling Jewelers Inc., 646 F.3d 113 (2d Cir. 2011), a class-arbitration case turning on the application of Stolt-Nielsen.

Mr. Grannon is a member of the Legal Policy Board of the Washington Legal Foundation.

Further detail on Mr. Grannon's practice includes:

Civil Antitrust

• Lead counsel defending a semiconductor manufacturer in a class-action litigation alleging a cartel in static random access memory (SRAM) products
• Co-lead author of successful motion to dismiss a predatory pricing case in In re Parcel Tanker Shipping Servs. Antitrust Litig., 541 F. Supp. 2d 487 (D. Conn. 2008), which is one of the first decisions obtaining dismissal under the Supreme Court's decisions in Twombly and Weyerhaeuser
• Part of the team defending respondents in a putative class-action arbitration involving claims of international price fixing and customer allocation in the shipping industry; co-lead author of successful petition to vacate class-arbitration award in Stolt-Nielsen, S.A. v. AnimalFeeds Int'l Corp., 435 F. Supp. 2d 382 (S.D.N.Y. 2006).
• Co-lead counsel successfully defending Malaysian producers of extruded rubber thread against claims of price fixing in Dee-K Enterprises, Inc. v. Heveafil Sdn. Bhd., including: (i) verdict for defendants after a jury trial in federal district court; (ii) unanimous affirmance on appeal to Fourth Circuit, 299 F.3d 281 (4th Cir. 2002); and (iii) lead author of brief in opposition to certiorari, Supreme Court docket No. 02-649, cert. denied June 27, 2003 (garnering the amicus support of the United States). Dee-K v. Heveafil is the leading precedent on the applicability of the Sherman Act outside the United States under the "substantial effects" test from the Supreme Court's decision in Hartford Fire.

Criminal Antitrust

• Co-lead author of petition for a writ of certiorari in White & Case LLP v. United States, challenging Ninth Circuit's reversal of district court order quashing DOJ grand jury subpoenas that sought all discovery in parallel, follow-on class actions alleging cartel in thin-film transistor, liquid crystal display panels (TFT-LCD), and lead counsel coordinating support of eight amici curiae for same, Supreme Court docket No. 10-1147, cert. denied June 27, 2011 
• Lead counsel for a semiconductor manufacturer in successful defense of the DOJ's grand jury investigation of an alleged cartel in static random access memory (SRAM) products; investigation concluded in no indictment despite cooperation of amnesty applicant.
• Co-lead counsel defending a non-US executive in the DOJ's cartel investigation of the dynamic random access memory (DRAM) industry. Lead author of successful motion for a bill of particulars forcing the Antitrust Division to supplement its barebones, formulaic indictment with detailed factual allegations. United States v. Kim, No. 06-0692, (N.D. Cal. Mar. 1, 2007).
• Part of the team defeating the DOJ's attempt to revoke a grant of corporate amnesty for antitrust offenses. United States v. Stolt-Nielsen, S.A., 524 F. Supp. 2d 609 (E.D. Pa. 2007). This precedent-setting victory is the only litigated case on the DOJ's Conditional Leniency Program for antitrust offenses.
• Lead author of petition for a writ of certiorari in the above-referenced Stolt-Nielsen, S.A. v. United States amnesty litigation, and lead counsel coordinating support of nine amici curiae for same, Supreme Court docket No. 06-97, cert. denied Oct. 30, 2006
• Part of the team successfully defending against former co-conspirators' attempt to reverse the grant of leniency from the European Commission to Stolt-Nielsen, S.A.

Mergers & Acquisitions

• Lead counsel obtaining early termination of the Hart-Scott-Rodino waiting period for review of Iron Mountain Inc.'s acquisition of Archives One, Inc.; anticipated DOJ's market share concern with lost sales data and resolved DOJ's concern within two days.
• Lead counsel for regional wireless service provider as third-party witness concerning a multi-billion dollar telecommunications acquisition; worked with DOJ to achieve divestiture of significant asset of target as sought by client.
• Co-lead counsel obtaining early termination of the HSR waiting period for the acquisition of Kos Pharmaceuticals, Inc. by Abbott Laboratories
• Part of the team defeating the DOJ in a merger challenge in United States v. Sungard Data Systems, 172 F. Supp. 2d 172 (D.D.C. 2001)
• Part of the team litigating the first merger efficiencies defense under the then newly revised horizontal merger guidelines in FTC v. Staples, Inc., 970 F. Supp. 1066 (D.D.C. 1997)

Settlements of Pharmaceutical Patent Litigation

• In naming Mr. Grannon one of the top ten antitrust lawyers in the United States under 40, Competition Law360 said in 2010: "He has already made a name for himself on reverse payment deals between brand-name and generic drugmakers."
• Lead counsel for Par Pharmaceutical Companies, Inc. and Paddock Laboratories, Inc. in: (i) arguing in the Eleventh Circuit against the Federal Trade Commission's appeal in FTC v. Watson Pharms., Inc., No. 10-12729 (11th Cir. submitted May 13, 2011); (ii) successfully dismissing a "pay for delay" lawsuit by the FTC, In re AndroGel Antitrust Litigation, 687 F. Supp. 2d 1371 (N.D. Ga. 2010); (iii) winning a contested transfer motion under 28 U.S.C. § 1404 to transfer the antitrust actions to the original patent judge to defeat FTC and private-plaintiff forum shopping, FTC v. Watson Pharms., Inc., 611 F. Supp. 2d 1081 (C.D. Cal. 2009); and (iv) the underlying two-year FTC investigation.
• Lead or co-lead counsel for the pre-settlement antitrust counseling and negotiation, MMA filings, and representation at the Federal Trade Commission for more than two dozen Paragraph IV settlements (only one of which received protracted scrutiny: AndroGel)
• Co-lead author of brief in opposition to certiorari in the leading case on settlement of pharmaceutical patent litigation: Federal Trade Commission v. Schering-Plough Corp. and Upsher-Smith Laboratories, Inc., Supreme Court docket No. 05-273, cert. denied June 26, 2006 (defeating petition of the Federal Trade Commission and garnering the amicus support of the United States in opposition to the petition of the Federal Trade Commission)

Foreign Corrupt Practices Act (FCPA)

• Lead counsel representing a UK consulting firm on pre-acquisition due diligence and transaction structuring for an acquisition in Moscow, Russia; led interviews of target's personnel and on-the-ground investigation for same.
• Lead counsel advising board of directors of a Canadian company on FCPA consequences of listing on a US stock exchange; revised corporate compliance program as a result of listing.
• Lead counsel representing a Fortune 10 company by handling the FCPA and other compliance negotiations for the company's formation of a joint-venture, real-estate investment vehicle with the investment arm of a leading Middle Eastern government; designed compliance program and employee manual for the j.v. entity.
• Lead counsel representing a Fortune 100 company by conducting the due-diligence investigation and negotiations concerning the FCPA and Mexican-law implications of a proposed acquisition; handled the self report to US enforcement authorities.
• Representing a Fortune 100 company by running over one dozen compliance investigations on four continents for issues under the FCPA, and managing the investigation self reports to US enforcement authorities; drafted compliance policies and procedures following risk assessment.
• Designing a corporate compliance manual for a multinational construction concern for non-US anti-bribery laws enacted pursuant to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions

Foreign Sovereign Immunities Act (FSIA)

• Co-lead counsel defending various foreign sovereigns and their agencies and instrumentalities in motion and appellate practice in four different litigations under the FSIA and act-of-state doctrine
• Lead author of petition for a writ of certiorari in one of the main precedents on attachment and execution under the FSIA: Ministry of Finance of the Republic of Indonesia v. Karaha Bodas Co., Supreme Court docket No. 05-1571, cert. denied Oct. 2, 2006

General Representation

• Serve as outside general counsel to the leading corporate advocacy association in the United States

Noteworthy

• Vice-Chair, Health Care and Pharmaceuticals Committee of the Antitrust Section of the American Bar Association (2011-12 term)
• Moderator, "Are 'Reverse Payments' Dead? Current Industry Practices in Pharmaceutical Patent Litigation Settlements," sponsored by the Health Care and Pharmaceuticals Committee of the Antitrust Section of the American Bar Association (November 10, 2011) 
• Quoted in Financial Times article, "US accused of unfair antitrust pressure: Foreigners driven to offer guilty plea: Fear of restrictions on travel play role" (September 21, 2011)
• Panelist, "Nowhere to Run, Nowhere to Hide: Antitrust Defense in the Age of Amnesty Agreements & Corporate Self-Reporting," at the National Association of Criminal Defense Lawyer's First Annual West Coast White Collar Conference (June 17, 2011)
• Presenter, "Drug Patent Suit Settlements Under Fire: How Developments in the Courts and Agencies Shape the Future of 'Reverse Payments,'" Washington Legal Foundation Web Seminar (June 8, 2011)
• Interviewed on Bloomberg Radio on the "Shot Show" FCPA trial, United States v. Goncalves, No. 09-CR-335, U.S. District Court for the District of Columbia (aired May 21, 2011)
• Featured in front-page article in the LegalTimes section of The National Law Journal, "Crossing the boundaries: Appeal tests grand juries’ power to ignore protective orders" (March 7, 2011)
• Panelist, "Reverse Payment Update," sponsored by the Health Care and Pharmaceuticals Committee of the Antitrust Section of the American Bar Association (February 18, 2011)
• Board Member, Law360's 2011 Competition Editorial Advisory Board
• Author, "FTC's Conduct in Patent Settlement Inquiry Raises Issue on Subpoena Power," Legal Opinion Letter published by the Washington Legal Foundation (October 1, 2010)
• Panelist, "Without Intent: How Congress Is Eroding the Criminal Intent Requirement in Federal Law," sponsored by the Heritage Foundation and the National Association of Criminal Defense Lawyers (May 24, 2010)
• Author, "DOJ Leverages Immigration Laws in Antitrust Criminal Cases," Counsel's Advisory published by the Washington Legal Foundation (May 21, 2010)
• Featured in front-page article in The National Law Journal, "DOJ presses law firms in LCD probe" (May 10, 2010)
• Panelist, "The DOJ's and FTC's New Antitrust Policies and Their Impact on Enforcement Trends," at the Ninth Annual Minority Corporate Counsel Association CLE Expo (March 18, 2010)
• Featured presenter at the media briefing, "Free Enterprise & Criminal Law: Is Today's Brand of Federal Enforcement Compromising Business Civil Liberties?," hosted by the Washington Legal Foundation (March 17, 2010); featured editor of accompanying 150-page Special Report: Federal Erosion of Business Civil Liberties (published March 2010)
• Delivered keynote address at the American Conference Institute's "Paragraph IV Disputes" Conference: "News from the Front Lines: Late-Breaking Developments in the FTC's Most Recent Case Against a Paragraph IV Settlement" (April 27, 2009 with J. Mark Gidley)
• Session Chair and Moderator, "Ethics: How to Satisfy Auditors and the SEC and Still Comply with Ethics Rules," at the 57th Annual Antitrust Law Spring Meeting of the American Bar Association (March 25, 2009)
• Panelist, "Ethical Conundrums — When Speaking Up Means You Are Forced to Walk Out," at the Eighth Annual Minority Corporate Counsel Association CLE Expo (March 20, 2009)
• Vice-Chair, Compliance and Ethics Committee of the Antitrust Section of the American Bar Association (2008-11 terms)
• Featured in front-page article in The National Law Journal, "Foreign Execs Feel Antitrust Crackdown: Looming threat of ‘moral turpitude'" (October 29, 2007)
• Panelist, "Creating and Implementing an Effective Antitrust Compliance Program," sponsored by American Bar Association Section of Antitrust Law (September 26, 2007)
• Editorial Board Member of the 2007 update of the Antitrust Law Developments treatise
• Chair of the Antitrust Committee of the American Bar Association's Young Lawyers Division (2007-08 term)
• Guest lecturer on antitrust law at the Howard University School of Law

Bars and Courts
US Supreme Court
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Eleventh Circuit
US District Court for the District of Columbia
US District Court for the District of Maryland
District of Columbia Bar
Maryland State Bar

Education
JD, Howard University, cum laude, Howard Law Journal, 1998
BA, Brooklyn College, magna cum laude, Phi Beta Kappa, 1995

Languages
English

Citizenship
United States