Biography
Experience
Representative matters include:
Pharmaceuticals/Healthcare
Representation of innovative dental aligner manufacturer in California superior Court alleging anticompetitive agreement with co-defendant trade associations;
Representing an innovator pharmaceutical company in antitrust class actions alleging an anticompetitive scheme involving dozens of HIV products, relating to antitrust challenges to new product development, collaboration agreements and joint ventures, and patent settlements;
Represented pharmaceutical manufacturers in various antitrust litigations alleges claims of reverse payment allegations under FTC v. Actavis;
Representation of pharmaceutical manufacturers in numerous antitrust litigations, as well as putative direct and indirect purchaser classes, alleging theory of "product hopping"
Technology
Represented manufacturer and designer of electronics products in antitrust litigation in C.D. Cal alleging collusion with trade association to exclude alleging competing product from certification process;
Counseling of client participant in music streaming industry on potential antirust claims against competitor regarding exclusive dealing with upstream supplier;
Represented developer of commercial hand-held radio and base station supplier in antitrust claim against monopolistic competitor alleging exclusive dealing and tying claims;
Representated online mortgage software provider in litigation with former supplier involving intellectual property and antitrust exclusive dealing claims;
Representated Bay Area high tech client in responding to DOJ Civil Investigative Demand regarding hiring practices;
Representation of ViewSonic Corporation in major patent litigation brought by Nokia involving tablet and smart phone space;
Counseling and Transactions
Provide annual antitrust training and advice to international standard setting organization in mobile telecommunications field;
Member of team obtaining clearance of acquisition by Grupo Bimbo SA de CV's acquisition of the fresh bread bakery business of Sara Lee;
Cartel Investigations and Defense
Representation of client in historically broad In re Automative Parts antitrust cartel civil litigation in E.D. Mich;
Representation of global supplier of high voltage electrical cables in connection with antitrust claims resulting from global cartel investigation in multiple jurisdictions, including the United States, European Union, and Australia;
Representation of a foreign sovereign entity in a civil antitrust class action involving antitrust conspiracy allegations in the freight-forwarding industry;
Member of a trial team at an evidentiary hearing that successfully obtained the dismissal of a criminal indictment brought against Stolt-Nielsen, an international parcel tanker shipping company, after the Department of Justice wrongfully removed Stolt-Nielsen from the Corporate Leniency Program;
Representation of Stolt-Nielsen in civil class actions and commercial arbitrations regarding direct and indirect purchaser antitrust claims and securities law violations;
Representation of the International Finance Corporation against bid rigging allegations before the Indonesian antitrust regulators;
Mr. Ostrander has also participated in expansive competition related internal investigations and compliance work for clients in the United States and Europe.
Other Matters & Pro Bono
Represent at trial foreign investor client in dispute with California-based supplement company in longevity space;
Represent foreign investor in California-based solar panel manufacturer in California contract litigation related to investment vehicle;
Work with California Three Strikes' Project to obtain sentence recall and reduction on behalf of client identified for potential sentence recall by the Secretary of the California Department of Corrections and Rehabilitation;
Representation of multiple veteran applicants for benefits before the Board of Veterans' Appeals.
American Needle, Inc. v. National Football League Brings Greater Litigation Risks to Competitor Collaborations Involving IP Licensing, IT, Internet and Outsourcing Bulletin, April 2010 (with Noah Brumfield)
"The Last Bastion of Sovereign Immunity: A Comparative Look at Immunity from Execution of Judgments," 22 Berkeley Journal of International Law 541, 2004