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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.
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).
Enforcing the Promise of Amnesty in the Courts, The International Comparative Legal Guide to: Cartels & Leniency (Global Legal Group 2010), (co-author 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, 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