Martin M. Toto | White & Case LLP International Law Firm, Global Law Practice
Martin M. Toto
Martin M. Toto

Martin M. Toto

Partner, New York

T +1 212 819 8852 / + 1 212 819 8200

E mtoto@whitecase.com

in LinkedIn profile

Clients say he “is level headed and has very good business acumen – he’s always accessible, very competent and focused.”

Chambers USA, 2015

Overview

Martin Toto concentrates on US antitrust law and complex commercial litigation. He has served as trial counsel and successfully defended clients in several recent multibillion-dollar price-fixing jury trials. He has also successfully defended companies and individuals in criminal antitrust investigations and has gained approval for numerous mergers and acquisitions investigated by the Federal Trade Commission and Department of Justice. He has substantial experience counseling companies in the Hart-Scott-Rodino pre-merger review process, and in the implementation of antitrust compliance and training programs.

His practice focuses on representation of multinational corporations—often based abroad. He has advised companies on virtually all aspects of antitrust law, including those relating to compliance, intellectual property, vertical restraints, monopolization, concerted activity and price fixing, trade association activity, resale price maintenance and price discrimination.

Bars and Courts

  • New York State Bar
  • New Jersey State Bar
  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York
  • US District Court for the District of New Jersey
  • US Court of Appeals for the Second Circuit

Education

  • JD, New York University School of Law, 1994
  • BS, Lehigh University, 1991

Languages

  • English

Experience

Victories for Toshiba against allegations of price-fixing LCDs, 2007 to present

Martin has successfully defended Toshiba worldwide in criminal and civil cases and government investigations involving allegations of price-fixing of LCD panels. In the US criminal case, Toshiba and all of its employees were fully exonerated. In the most recent jury trial alleging damages of over US$2 billion, the jury found no liability against Toshiba after a six-week trial. An earlier civil trial alleging class-wide damages of nearly US$3 billion resulted in a jury verdict finding no recoverable damages against Toshiba. The case was named the 2012 Litigation of the Year by Global Competition Review, and was recognized by the Financial Times in its US Innovative Lawyers 2012 special report.

Successful defense of Toshiba acquisition, 2012

Martin successfully represented Toshiba in acquiring a hard disk drive business from Western Digital in a complex divestiture resulting from two parallel industry mergers. This matter was one of only five shortlisted by Global Competition Review for 2012 Merger Control Matter of the Year — Asia-Pacific, Middle East & Africa.

Victory for Experian against antitrust and false advertising claims, 2009

Martin helped secured a complete victory for Experian (one of the three national credit bureaus) in a civil case brought by FICO, challenging VantageScore, a joint venture of the three credit bureaus, which has introduced a new credit risk score into the market dominated by the FICO score. The antitrust and false advertising claims were dismissed on summary judgment and the remaining trademark claims were tried to a jury which issued a favorable verdict for defendants on all claims and counterclaims.

Successful defense of Stolt-Nielsen in precedent setting case involving DOJ's amnesty program, 2007

Martin successfully defended Stolt-Nielsen, including by helping to secure the dismissal of a criminal indictment against the company after a four-week evidentiary hearing. This unprecedented case was brought against the company after it had obtained amnesty from the Department of Justice and provided critical, incriminating evidence against its co-conspirators.

Successful defense of the creation of the second largest US dairy company, 2001

Martin counseled on the sale of the dairy businesses Wessanen N.V. to National Dairy Holdings. The merger, investigated by the Department of Justice, created the nation's second-largest dairy company.

Successful defense of the formation of the Infineum joint venture, 1999

Martin helped to successfully defend Exxon Chemical in the formation of the Infineum joint venture with Shell, making petroleum additives for lubricants and fuels.

Publications

  • Getting the Deal Through: Cartel Regulation, 2012, 2013, 2014 and 2015 editions, (contributing author)
  • International Antitrust Cooperation Handbook, American Bar Association, 2004, (contributing author)
  • Federal Trade Commission Revises Rules on Acquisitions of Foreign Assets and Voting Securities, The Antitrust Counselor, Issue No. 95, November 15, 2002
  • US Antitrust Issues in Software, Licensing and Distribution, Computer und Recht International, June 2002, (co-authored with David Bender)

Awards & Recognition

Leading Lawyer, Chambers USA, 2015

Super Lawyers