J. Frank Hogue
Biography
Overview
Frank Hogue is a partner in White & Case LLP's Antitrust practice group.
Frank is an experienced trial attorney, having defended numerous antitrust class actions and helped secure defense verdicts in high-stakes cartel cases. His litigation experience covers both state and federal courts across the US. Clients regularly turn to Frank for his strategic acumen and efficiency, both in litigation and counseling matters.
Frank has extensive experience representing multinational clients in a variety of antitrust matters including criminal and civil investigations, high-stakes civil litigation, including class action defense, as well as in appellate matters. His work extends across various industries including high tech, consumer staples, and manufacturing.
In addition to his class action experience, Frank defends against corporate plaintiffs and State Attorneys General who file antitrust lawsuits in parallel to class actions. Frank has litigated dozens of such cases on behalf of multinational defendants headquartered in Asia and Europe.
Frank has considerable experience with the provisions of the Foreign Trade Antitrust Improvement Act (FTAIA) and regularly works on complex cases involving both United States and foreign proceedings.
Frank also frequently represents clients with matters at the intersection of US antitrust and trade laws, including in follow-on lawsuits from proceedings before the US trade agencies. He represents both foreign-headquartered and US domestic firms in these matters.
Frank represents clients before the US Department of Justice, the US Federal Trade Commission and the US Securities and Exchange Commission. He also regularly counsels clients on antitrust issue arising at the intersection of antitrust and intellectual property law, including antitrust issues in standard setting organizations (SSOs).
For two years in a row, The Legal 500 US has "recommended" Frank as one of the top lawyers nationwide for Antitrust: Cartel (2022 & 2023).
Experience
Representative cases include the following:
Representing multinational clients in criminal investigations by the US Department of Justice in a variety of industries, including high tech, consumer staples, and manufacturing.
Served as trial counsel to Toshiba in its complete victory in a 2013 US civil jury trial concerning price-fixing allegations in the liquid crystal display (LCD) market (N.D. Cal.). At trial, Toshiba faced price-fixing claims totaling US$2.3 billion brought by a large retailer plaintiff that previously had opted out of class proceedings against Toshiba and other LCD manufacturers. Following a six-week jury trial, the San Francisco jury unanimously returned a defense verdict for Toshiba in September 2013, finding that Toshiba did not participate in a LCD price-fixing conspiracy and therefore did not cause any damages to the plaintiff. The Financial Times recognized this case in its 2014 Innovative Lawyers report, noting it challenged "the view that juries cannot handle complex damages calculations."
Served as trial counsel to Toshiba in its 2012 direct purchaser class-action jury trial, in which the class plaintiffs alleged cartel activity in the thin-film transistor liquid crystal display (LCD) market. Toshiba stood alone in taking the DPP civil class-action case to trial; all other defendants had settled for a total of approximately US$450 million. The jury awarded the class plaintiffs no recoverable damages against the nearly US$2.7 billion in damages the class plaintiffs had sought. The Financial Times selected the Toshiba trial for inclusion in its 2012 Innovative Lawyers report. This high profile trial was covered extensively in the media, with articles noting the absence of recoverable damages - e.g., "Toshiba Fined $87M for LCD Price Fixing; Won't Pay a Penny." (PC World).
Successfully defended group of US manufacturers from antitrust allegations stemming from petitioning US trade agencies.
Successfully defended group of Asian manufacturers from antitrust and RICO allegations following trade dispute before US agencies.
Won motion to dismiss in Northern District of California in successful defense of price-fixing case against pet-food maker. Won motion to dismiss in follow-on case in another federal court.
Successfully represented Chinese manufacturing company against antitrust boycott allegations in US federal court.
Represented a major Asian manufacturing company in connection with global criminal and administrative proceedings related to alleged cartel activity.
Represented pharmaceutical companies in various US civil litigations against allegations of anticompetitive conduct.
Represented major Japanese electronics company in connection with US federal and state civil proceedings related to alleged cartel activity.
Represented multinational supplier before US Federal Trade Commission relating to allegations of monopolization and other anticompetitive conduct.
Represented multinational wind-power company in various antitrust matters.
Represented private equity firm in successful defense of New York state criminal investigation and related US Securities and Exchange investigations.
Represented high-tech client in US Department of Justice investigation relating to hiring practices in Silicon Valley.
Defeated class certification in Northern District of California in successful defense of foreign electronics manufacturer in price-fixing case.
Panelist, "How to Coordinate Cases Across the Asian Region", September 2021
Speaker, "GCR Live 11th Annual Brussels Conference: The Bigger Picture", July 2019, Brussels, Belgium
Co-Author, "DOJ Antitrust Division Announces Deferred Prosecution Agreements with Two Pharmaceutical Companies Containing 'Extraordinary' Divestiture Remedy," White & Case Client Alert, September 2023 (with Peter Carney and Gina Chiappetta)
Co-Author, "Sixth Circuit Permits U.S.-Style Discovery in Aid of International Commercial Arbitration Under Section 28 U.S.C. § 1782," White & Case Client Alert, October 2019 (with Kristen Young and Nicolle Kownacki)
Riding the Convergence Wave: The Maturing International Competition Network, Worldwide Merger Notification Requirements, Aspen Publishing, December 2008, (co-author with Doug Jasinski)
