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Embroiled in a haze of smokers’ tort claims, Big Tobacco may find a good old-fashioned antitrust case a breath of fresh air-as long as it’s a win. In July, Philip Morris, Inc.; R.J. Reynolds Tobacco Holdings; Brown & Williamson Tobacco Corporation; and Lorillard Tobacco Company stamped out a class action suit that accused them of price-fixing. The plaintiffs, a class of more than 1,200 cigarette vendors, maintained that the tobacco companies had conspired to set price levels for wholesale cigarettes since 1993. In their suit, filed in U.S. district court in Georgia, the plaintiffs also argued that the tobacco companies had unfairly moved away from the discount cigarette market, forcing the wholesalers to buy more premium brands. The defendants said that there was nothing illegal about their economic models. District court judge J. Owen Forrester agreed, noting that the plaintiffs’ arguments were based on unconvincing circumstantial evidence. The plaintiffs had sought damages of $11 billion. For plaintiffs Holiday Wholesale Grocery Co., et al. Chitwood & Harley (Atlanta): Martin Chitwood and Craig Harley. Cohen, Milstein, Hausfeld & Toll (Washington, D.C.): Paul Gallagher, Michael Hausfeld, and associate Agnieszka Fryszman. Chandler Franklin & O’Bryan (Charlottesville, Virginia): Jeffrey Bean and Jon Ferguson. (Bean and Ferguson worked out of the firm’s Seattle office.) About 40 other law firms represented individuals in the plaintiffs class. For defendant Philip Morris, Inc. (New York) In-house: Philip Morris U.S.A. senior vice president and general counsel Denise Keane, senior assistant general counsel Jose Luis Murillo, Jr., and senior counsel David Fernandez. Philip Morris Companies associate general counsel Kenneth Handal also worked on the matter. Boies, Schiller & Flexner (Armonk, New York): David Boies, Robert Dwyer, Donald Flexner, Ann Galvani, Amy Mauser, Robert Silver, Stuart Singer, Jack Stern, and associates Kent Anker, Evan Glassman, Carl Goldfarb, Sherab Posel, and Roger Prahl. (Flexner and Mauser are in the firm’s D.C. office; Singer and Goldfarb are in Fort Lauderdale; and Stern, Anker, and Glassman are in New York.) Boies, Schiller has represented Philip Morris since 1998. Heller Ehrman White & McAuliffe (San Francisco): Kenneth Chernof, John Landry, Jerry Marks, Darryl Snider, Carlos Solis, Michael Williams, John Wunderli, special counsel Charles Grant, and associates Kyle Gehrmann, Jennifer Larson, Jilana Miller, Patricia Oliver, and Brian Reynolds. (Chernof and Wunderli are in the firm’s Washington, D.C., office; Larson is in New York; and the rest are in Los Angeles.) Heller Ehrman has represented the company for more than six years. Hunton & Williams (Richmond): Matthew Calvert and associate Ashley Cummings. (Both Calvert and Cummings are in Atlanta.) Calvert and King & Spalding’s Joseph Haynes were liaison counsel for all defendants. Hunton & Williams was Philip Morris’s local counsel. For defendant R.J. Reynolds Tobacco Holdings (Winston-Salem) In-house: Senior counsel-antitrust and trade regulation Darryl Marsch. Jones, Day, Reavis & Pogue (Cleveland): David Bailey, Thomas Cullen, Jr., Edwin Fountain, William O’Reilly, and associates Stephen Jorden, Michael Kolis, Lisa Nardini, and J. Andrew Read. (All are in Washington, D.C., except Bailey, who is in Atlanta.) Jones, Day has represented the company since 1984. For defendant Brown & Williamson Tobacco Corporation (Louisville) In-house: Vice president and general counsel-product litigation John Kiser and senior counsel-product litigation Mitchell Neuhauser. King & Spalding (Atlanta): Joseph Haynes. King & Spalding was the company’s local counsel. Kirkland & Ellis (Chicago): Andrew McGaan, Stephen Patton, and associates Barack Echols and Colin Kass. (Kass is in Washington, D.C.) Kirkland & Ellis has represented the company in litigation since 1986. For defendant Lorillard Tobacco Company (Greensboro, North Carolina) In-house: Vice president and general counsel Ronald Milstein and senior staff counsel Brian McGinn. Weil, Gotshal & Manges (New York): Peter Isakoff and Irving Scher, counsel Holly Washington Loiseau, and associates Jeffrey Cimbalo, Lisa Fine, Peter Friedman, George Hazel, August Horvath, and Cleveland Lawrence III. (Isakoff, Loiseau, Cimbalo, Fine, Friedman, Hazel, and Lawrence are in the firm’s Washington, D.C., office.) Weil, Gotshal regularly handles antitrust matters for Lorillard. Bondurant, Mixson & Elmore (Atlanta): Edward Krugman. Krugman acted as local counsel for the company. outlook The plaintiffs have filed a notice of appeal. -Andrew Lebwohl

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