In the first trial where the government was seeking criminal antitrust convictions tied to no poach agreements, our Litigators of the Week scored an across-the-board acquittal last week. Federal prosecutors brought three conspiracy charges apiece against Denver-based dialysis company DaVita and its former CEO Kent Thiry, claiming non-solicitation agreements with competitors headed by DaVita alumni amounted to criminal violations of the Sherman Act.

The company’s trial team was led by Jack Dodds of Morgan, Lewis & Bockius and John Walsh of Wilmer Cutler Pickering Hale and Dorr. Tom Melsheimer of Winston & Strawn and Juanita Brooks of Fish & Richardson were lead trial counsel for Thiry alongside a team from McDermott Will & Emery.

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