Yesterday Blawgletter noted the confirmation of Christine A. Varney as the new head of the Antitrust Division in the U.S. Department of Justice.  See Varney Takes Charge.

Today the Division announced that Ms. Varney has already filled six key leadership positions.  They all look like heavy hitters.

The press release says:

ANTITRUST DIVISION SENIOR LEADERSHIP NAMED

WASHINGTON — The Department of Justice's Antitrust Division today announced the appointment of its new leadership team including the Chief of Staff, four Deputy Assistant Attorneys General, and a Special Counsel for Competition Policy. Two Deputies will oversee civil matters, one Deputy will oversee economic analysis and one Deputy will oversee international, policy and appellate issues.

"This is an outstanding team of dedicated and highly regarded professionals who are well respected within their fields of expertise," said Christine A. Varney, Assistant Attorney General in charge of the Department's Antitrust Division. "This dynamic team of individuals has the vision, intellect and experience to ensure that the Antitrust Division aggressively pursues all areas of antitrust enforcement in order to protect American consumers from anticompetitive harm."

The leadership team includes:

Sharis Arnold Pozen, Chief of Staff and Counsel–Before she came to the Department in February 2009, Pozen was a partner at Hogan & Hartson's Antitrust, Competition, and Consumer Protection Group where she worked from1995 to February 2009, on a variety of antitrust matters in the technology and healthcare industries, and served as Practice Group Director for the Washington, D.C. office. She has counseled clients on a wide range of antitrust and consumer protection matters as well as issues pertaining to mergers and acquisitions, joint ventures, and trade association matters. Prior to joining Hogan & Hartson, Pozen worked for five years at the Federal Trade Commission (FTC) as an Attorney Advisor to then Commissioners Varney and Yao, as Assistant to the Director of the Bureau of Competition, and as staff attorney. Pozen received her B.A. from Connecticut College in 1986 and her J.D. from Washington University in 1989.

Molly S. Boast, Deputy Assistant Attorney General for Civil Matters–Boast, who is expected to arrive at the Department in May, is a seasoned antitrust veteran with extensive antitrust and management experience. Since 2001, she has been a partner at the New York law firm of Debevoise & Plimpton LLP where she leads the antitrust practice group. From July 1999 to June 2001, Boast was Senior Deputy Director and Director of the FTC's Bureau of Competition. During that time, she had management responsibility for merger and civil nonmerger Commission litigation and investigations, and has experience in competition issues in the energy and pharmaceuticals industries. Boast also served as the FTC's representative to the European Community/FTC/Department of Justice Mergers Working Group. From 1987 to 1999, she worked at the New York law firm of LeBoeuf, Lamb, Greene & MacRae where she was head of the litigation department and a member of the firms' Steering Committee. She has served in various positions within the American Bar Association's Sections of Antitrust and Litigation. Boast received her B.A. in 1970 from the College of William and Mary, her M.S. in 1971 from the Columbia University School of Journalism, and her J.D. in 1979 from the Columbia University School of Law.

William Cavanaugh Jr., Deputy Assistant Attorney General for Civil Matters–Cavanaugh, who is expected to arrive at the Department in May, is a highly experienced and lauded antitrust litigator. Since 1985, Cavanaugh has been with the New York law firm of Patterson, Belknap Webb & Tyler LLP where he has served as the firm's Co-Chair, Chair of the Litigation Department and a Litigation Partner since 1991. He has extensive trial and litigation experience in complex antitrust, patent and commercial matters. From 1981 to 1985, Cavanaugh was a Litigation Associate handling complex product liability, insurance coverage and general commercial matters at the New York law firm of Rivkin Radler LLP. He is a Fellow of the American College of Trial Lawyers, was named as one of the Best Lawyers in America for Antitrust Law and Commercial Litigation, and was named as one of New York's "Super Lawyers" for Antitrust Litigation. He received his B.S. in 1977, from St. John's University and his J.D. in 1980 from St. John's University School of Law.

Carl Shapiro, Deputy Assistant Attorney General for Economic Analysis–Shapiro, who arrived at the Department in March, is a leading scholar in economics and brings to the Department a wealth of experience on issues, including patents, intellectual property and licensing, network economics, and unilateral effects in mergers. Shapiro is taking a leave of absence from the University of California at Berkeley, where he is Transamerica Professor of Business Strategy in the Haas School of Business and a Professor of Economics. He has been at the Haas School of Business since 1990. Shapiro was previously the Antitrust Division's Economics Deputy from August 1995 to June 1996, where he provided economic analysis on a variety of antitrust cases, including Microsoft, NASDAQ and several mergers. Shapiro had been a Senior Consultant with CRA International, an economic consulting company. He was vice-chair of the American Bar Association Antitrust Section's Economics Committee from 1995-1998. Shapiro taught at the Woodrow Wilson School and the Department of Economics at Princeton University for 10 years. He has published one book, "Information Rules: A Strategic Guide to the Network Economy," and numerous articles in the areas of industrial organization, competition policy, patents, network economics and the economics of innovation and competitive strategy. Shapiro received his Ph.D. in Economics from the Massachusetts Institute of Technology (MIT) in 1981. He also earned B.S. degrees in mathematics and economics from MIT as well as an M.A. in mathematics from UC Berkeley.

Philip J. Weiser, Deputy Assistant Attorney General for International, Policy and Appellate Matters–Weiser, who is expected to arrive at the Department in July, is an Antitrust Division veteran, and is currently a Professor and Associate Dean for Research at the University of Colorado, where he has taught since January 1999, in the School of Law and in the Interdisciplinary Telecommunications Program. During his tenure at the Department, Weiser will be on a leave of absence from the University of Colorado. Weiser has also served as a visiting Professor at the New York University School of Law (2008) and the University of Pennsylvania School of Law (2006). From August 2001 to June 2002, he was a Law and Public Affairs Program Fellow at Princeton University, one of only six law Professors selected as a scholar-in-residence. Weiser is the Founder and Executive Director of Silicon Flatirons Center for Law, Technology, and Entrepreneurship, which focuses on spurring interdisciplinary engagement, facilitating community outreach, and supporting interest in the intersection of technology, policy and business. From September 1996 to August 1998, Weiser was a Senior Counsel to Joel Klein, Assistant Attorney General of the Department's Antitrust Division, where he advised Klein on antitrust policy in the telecommunications industry as well as participated in civil investigations. He served this fall as the lead agency reviewer of the FTC for the Presidential Transition Team, serves as the co-Chair of the Colorado Innovation Council, was a Special Master for the Colorado Public Utilities Commission, and was a Special Counsel to Cablevision Systems Corporation. Weiser clerked for Justices Byron R. White (Ret.) and Ruth Bader Ginsburg at the U.S. Supreme Court from September 1995 to August 1996. He also clerked for Judge David M. Ebel, Tenth Circuit Court of Appeals, from September 1994 to August 1995. He has published two books and numerous articles on and has regularly taught in the areas of competition policy and technology law. Weiser graduated with high honors from Swarthmore College in 1990 and with high honors from the New York University School of Law in 1994.

Gene Kimmelman, Chief Counsel for Competition Policy and Intergovernmental Relations–Kimmelman, who arrived at the Department in April, was most recently Vice President for Federal and International Affairs at Consumers Union (CU). During his tenure at CU, from 1995 to 2009, he directed CU's federal and international policy programs. Kimmelman has extensive knowledge of deregulation, market structure and consumer protection issues. He is a recognized expert in a wide variety of areas, including telecommunications, Internet/media policy, product liability and antitrust law. He has represented consumers during the break up of AT&T, consideration of the Telecommunications Act of 1996, major media and telecommunications mergers, and at numerous congressional hearings. Prior to his employment at CU, from 1993 to 1995, Kimmelman served as Chief Counsel and Staff Director for the Antitrust Subcommittee of the U.S. Senate Judiciary Committee. Previous to that, from 1984 to 1993, he was Legislative Director for the Consumer Federation of America (CFA) where he directed their legislative and regulatory programs. In 1981, he began his career as a staff attorney for Public Citizen's Congress Watch. Kimmelman received his B.A. from Brown University in 1977 and his J.D. from the University of Virginia in 1981. He studied in Denmark as a Fulbright Fellow at Copenhagen University's graduate program on the public sector.

Feed-icon-14x14 Behemoths beware!

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Photo of Barry Barnett Barry Barnett

Clients and colleagues call Barry Barnett an “incredibly gifted lawyer” (Chambers and Partners) who is “magic in the courtroom” (Who’s Who Legal), “the top antitrust lawyer in Texas” (Chambers and Partners), and “a person of unquestioned integrity” (David J. Beck, founder of Beck…

Clients and colleagues call Barry Barnett an “incredibly gifted lawyer” (Chambers and Partners) who is “magic in the courtroom” (Who’s Who Legal), “the top antitrust lawyer in Texas” (Chambers and Partners), and “a person of unquestioned integrity” (David J. Beck, founder of Beck Redden).

Barnett is a Fellow in the American College of Trial Lawyers, and Lawdragon has named him one of the top 500 lawyers in the United States three years in a row. Best Lawyers in America has honored him as “Lawyer of the Year” for Bet-the-Company Litigation (2019 and 2017) and Patent Litigation (2020) in Houston. Based in Texas and New York, Barnett has tried complex business disputes across the United States.

TRIAL COUNSEL
Barnett’s background, training, and experience make him indispensable to his clients. The small-town son of a Texas roughneck and grandson of a Texas sharecropper, Barnett “developed an unusual common sense about people, their motivations, and their dilemmas,” according to former client Michael Lewis.

Barnett has been historically recognized for his effectiveness and judgment. His peers chose him, for example, to the American College of Trial Lawyers and American Law Institute. His decades of trial and appellate work representing both plaintiffs and defendants have made him a master strategist and nimble tactician in complex disputes.

Barnett focuses on enforcement of antitrust laws, the “Magna Carta of free enterprise,” in Supreme Court Justice Thurgood Marshall’s memorable phrase. “Barry is one of the nation’s outstanding antitrust lawyers,” according to Joseph Goldberg, a member of the Private Antitrust Enforcement Hall of Fame. Named among Texas’s top ten antitrust lawyers of 2023, Business Today calls Barnett a “trailblazer” among the “distinguished legal minds” who “dedicate their skill and expertise to the maintenance of healthy competition in various sectors” of the Lone Star State’s booming economy. Barnett is also adept in energy and intellectual property matters and has battled for clients against a Who’s Who list of corporate behemoths, including Abbott Labs, Alcoa, Apple, AT&T, BlackBerry, Broadcom, Comcast, Dow, JPMorgan Chase, Samsung, and Visa.

Barnett commands a courtroom with calm and credibility and “is the perfect lawyer for bet the company litigation,” said Scott Regan, General Counsel of former client Whiting Petroleum. His performance before the Supreme Court in Comcast Corp. v. Behrend prompted the Court to withdraw the question on which it had granted review. The judge in a trial involving mobile phone technology called Barnett “one of the best” and that his opening statement the finest he had ever seen. Another trial judge told Barnett minutes after a jury returned a favorable verdict against the county’s biggest employer that he was one of the two best trial lawyers he’d ever come across—adding that the other one was dead.

COMPLETE PACKAGE
A versatile trial lawyer, Barnett knows how to handle a case all the way from strategic pre-suit planning to affirmance on appeal. He’s tried cases to verdict and then briefed and argued them when they went before appellate courts, including the Second, Third, Fifth, and Tenth Circuits, the Supreme Court of Louisiana, and (in the case of Comcast Corp. v. Behrend) the Supreme Court of the United States.

Barnett is a sought-after public speaker, often serving on panels and talking about topics like the trials of antitrust class actions and techniques for streamlining complex litigation. He also comments on trends in commercial litigation and the implications of major rulings for outlets such as NPR, Reuters, Law360, Corporate Counsel, and The Dallas Morning News. He’s even appeared in a Frontline program about underfunding of state pensions, authored chapters on “Fee Arrangements” and “Techniques for Expediting and Streamlining Litigation” (the latter with Steve Susman) in the ABA’s definitive treatise on Business and Commercial Litigation in Federal Courts, 5th, and commented on How Antitrust Enforcers Might Think Like Plaintiffs’ Lawyers.

HARD GRADERS
Clients and other hard graders have praised Barnett for his courtroom skills and legal acumen.

A client in a $100 million oil and gas case, which Barnett’s team won at trial and held on appeal, said Barnett and his team “presented a rare combination of strong legal intellect, common sense about right and wrong, and credibility in the courtroom.” David McCombs at Haynes and Boone said Barnett “has a natural presence that goes over well with juries and judges.”

Even former adversaries give Barnett high marks. Lead opposing counsel in a decade-long antitrust slugfest said “Barry is a highly skilled advocate. He understands what really matters in telling a narrative and does so in a very compelling manner.”

CIVIC ENGAGEMENT
Barnett relishes opportunities to collaborate with all kinds of people. At the Center for American and International Law (CAIL), founded by a former prosecutor at Nuremberg in 1947 and headquartered in the Dallas area, he has served on the Executive Committee, co-chaired the committee that produced CAIL’s first-ever strategic plan, supported CAIL’s Institute for Law Enforcement Administration and other development efforts, and proposed formation of a new Institute for Social Justice Law. CAIL’s former President David Beck said “Barry is extremely bright” and is “very well prepared in every lawsuit or professional task he undertakes.”

Barnett is also a Trustee of the New-York Historical Society, a Sterling Fellow at Yale, a member of the Yale University Art Gallery’s Governing Board, a winner of the Class Award for his work on behalf of his college class, and a proud contributor to the Yellow Ribbon Program at Harvard Law. Barnett’s pro bono work includes leading the trial team representing people who are at greatest risk of severe illness and death as a result of being exposed to the novel coronavirus SARS-CoV-2 while being detained in the Dallas County jail—work for which he received the NGAN Legal Advocacy Fund RBG Award.

At Susman Godfrey, Barnett has served on the firm’s Executive Committee, Employment Committee, and ad hoc committees on partner compensation, succession of leadership, and revision of the firm’s partnership agreement. He also twice chaired the Practice Development Committee.

KEEPING PERSPECTIVE
Barnett understands that clients face many pressures. Managing the stress is important, especially in matters that take years to resolve. He encourages clients to call him whenever they have a question or concern and to keep the inevitable ups and downs in perspective. He wants them to know that he will do his level best to help them achieve their goals. He also strives to foster trust and to make working with him a pleasure.

Cyrus “Skip” Marter, the General Counsel of Bonanza Creek in Denver and a former Susman Godfrey partner and client, said Barnett is “excellent about communicating with clients in a full and honest manner” and can “negotiate for his clients from a position of strength, because he is not afraid to take a case through a full trial on the merits.” Stacey Doré, the President of Hunt Utility Services and a former client, said that Barnett is “an excellent trial lawyer and the person you want to hire for your bet-the-company cases. He is client focused, responsive, and uniquely savvy about trial and settlement strategy.” A New York colleague said, “Barry is a joy to work with as co-counsel. He tackles complex procedural and factual hurdles capably, efficiently, and without drama.”

SUPERB CLIENTS
A wide range of industry leaders have entrusted their critical matters to Barnett, including the ones you see below.

Public Companies:

Alaska Airlines
Encana Oil & Gas
Hinduja Global
KKR & Co. Inc.
Neiman Marcus
Talen Energy
Texas Instruments
Vistra Corp.

Private Companies:

Duane Reade
Elliott Investment Management
Luminant Generation
Morris & Dickson Co.
Oak Hill Capital

PERSONAL
Barnett’s wide-ranging experience and calm, down-to-earth approach enable him to connect with clients, judges, jurors, witnesses, and even opposing counsel. He grew up in Nacogdoches, Texas. He co-captained his high school varsity football team as an All-East Texas middle linebacker while also serving as the Editor of Key Club’s Texas-Oklahoma District, won the Best Typist award, took the History Team to glory, and sang in the East Texas All Region Choir. As Dan Kelly of client Vistra Corp. put it, Barnett is “a great person to be around.”

Barnett is steady and loyal. He has practiced at Susman Godfrey his entire career. He and his wife Nancy live in Dallas and enjoy spending time in Houston and New York. Their daughter works for H-E-B in Houston, and their son is a Haynes and Boone transactions lawyer in Dallas.

As a member of Ivy League championship football teams in his junior and senior years at Yale and a parent of two Yalies, Barnett has no trouble choosing sides for “The Game” in November. And he knows how important fighting all the way to the end is. On his last play from scrimmage, in the waning minutes of The Game on Nov. 22, 1980, he recovered a Crimson fumble.

Yale won, 14-0.

Honors & Distinctions

Academy of American Legal Writers, Board Member (2012-2023).
American College of Trial Lawyers, Fellow (2014-2023).
American Law Institute, Elected Member (2007-2023).
Benchmark Litigation, Litigation Star (2022, 2023, Euromoney)
The Best Lawyers in America, Houston Lawyer of the Year in Patent Litigation (2020) and Bet-the-Company Litigation (2017 and 2019), Bet-the-Company Litigation (2010-2024), Class Actions (2015-21), Commercial Litigation (2003-2024), Litigation – Antitrust (2012-2024), Litigation – Intellectual Property (2012-2024), and Litigation – Patent (2012-2024) (Copyright by Woodward White Inc.).
Chambers USA: America’s Leading Lawyers for Business in Antitrust and General Commercial Litigation(2007-2024).
Martindale-Hubbell AV (highest) rating (1995-2023).
Lawdragon, The Lawdragon 500 Leading Lawyers (2020, 2021, 2022, 2023, 2024), Lawdragon 500 Leading Plaintiff Financial Lawyers (2019, 2020, 2021, 2022, 2023, 2024), Lawdragon 500 Leading Litigators (2022, 2023)
Legal 500. Antitrust: Civil Litigation/Class Actions (Plaintiff) (2021, 2022, 2023); Energy Litigation: Oil and Gas (2023)
Recognized as a Top Ten Antitrust Lawyer in Texas, Lawyer Awards 2023, Business Today (2023, Unstructured Media).
SuperLawyers. Texas (2003 – 2023, Thomson Rueters)

Clerkship

Honorable Jerre S. Williams, United States Court of Appeals for the Fifth Circuit
Education

Harvard Law School (J.D., cum laude)
Yale University (B.A., Economics and History (honors), magna cum laude)

Bar Admissions
New York
Texas
Court Admissions
United States Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. District Court for the Eastern District of New York
U.S. District Courts for the District of Arizona
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of Texas
U.S. District Court for the Western District of Texas

Publications
On Twitter @contingencyblog
On LinkedIn
Fee Arrangements, Business and Commercial Litigation in Federal Courts, 5th
How Antitrust Enforcers Might Think Like Plaintiffs’ Lawyers, Law360
Barry Barnett — NPR “Marketplace” Report
Oral argument in Comcast Corp. v. Behrend

Interviews by and articles for Law360, NPR’s “Marketplace” report, Law Blog of The Wall Street Journal, Texas Lawyer, ABA Journal, business torts “Hot Topics” by the Litigation Section of the Texas Bar Association, Global Competition Review, The Hartford Courant, Kansas City Business Journal, The Dallas Morning News, Texas Cable News, D CEO, and Dallas Business Journal.

Author and speaker at continuing legal education seminars, including “One Year Later: Winter Storm Uri and Its Impact on Civil Litigation and the Energy Industry’, ‘Force Majeure Meets Covid-19: A Love Story”, “Reasonable Prudent Operator—The Continuously Evolving Standard” and “The Hottest Oil & Gas Claims” at the Institute for Energy Law’s Annual Oil & Gas Law Conference, “Current Issues in Multidistrict Litigation and Class Actions” at the Third Circuit Judicial Conference; “Daubert in Class Certification Hearings: The Standard After Comcast” for ABA Section of Antitrust Law; and “Current Developments in Business Litigation”, American Bar Association

Leadership & Professional Memberships

American Bar Association; Section of Litigation and Section of Antitrust Law; American Association for Justice; Dallas Bar Association; Federal Bar Association; Houston Bar Association.
Center for American and International Law, Executive Committee (2016-24) and Trustee (2011-2024). Yale Club of Dallas; Harvard Club of Dallas; Yale Club of New York City.
Greenhill School, Addison, Texas, Trustee (2007-2013).
New-York Historical Society, Trustee (2016-2024) and Chairman’s Council (2012-2024).
Life Fellow, American Bar Foundation, Texas Bar Foundation, Dallas Bar Foundation, and Houston Bar Foundation.
Yale University Art Gallery, New Haven, Connecticut, Member, Governing Board (2023-2024).