Practice Areas

Submitted by admin on March 27, 2009 - 04:19

COMPETITION & ANTITRUST

C. Stewart Verdery, Jessica Herrera-Flanigan, Timothy E. Punke, Andrew Howell, Scott Corley, Rich Thomas, Jane Alonso, Lora Ries, and Ryan Spangler

Major business decisions such as mergers, acquisitions, spinoffs, procurements, and location of facilities require analysis of the political ramifications the deal will generate. A business that makes a major decision without developing and executing a strategy to defend the transaction may find the path to completion more arduous if not entirely blocked. Deals involving foreign companies are nearly certain to draw scrutiny, while transactions related to sensitive technology or national security face an uphill review from the start.

Monument Policy Group is led by individuals with significant involvement in a wide range of transactions across a swath of industries where Congress and other “inside-the-Beltway” players were crucial to eventual success or failure.

This experience includes not only current representation of companies seeking antitrust approval of mergers but also work as executive branch officials and Congressional attorneys shaping the political reaction to private sector business activity. While we do not provide legal services for official antitrust review, we do assist companies trying to either shape the political environment to move a deal toward completion or to create an atmosphere delaying or blocking a transaction it seeks to hinder. We have also counseled trade associations and other clients whose members are affected by changing market conditions on how their voices can be heard as transactions are reviewed.

Our team is well-versed in transactions that require Committee on Foreign Investment in the United States (CFIUS) or export controls review, or implicate other security questions. Our team’s experience reviewing and negotiating CFIUS and related transactions gives us unique knowledge of how the process works, what challenges exist, and how to navigate through the various federal regulatory schemes.

Additionally, our strong international trade practice has yielded relationships and expertise in understanding not only how foreign governments and embassies may affect a transaction but also how the U.S. foreign policy and trade agendas can help or hurt. Our team’s policy and political experience includes work on Congressional trade and national security committees and for Congressional leadership, for two Administrations, for Presidential campaigns, and for business and trade associations.

Partner Timothy Punke has worked on almost every major trade issue in the last decade, and has worked on competition issues for numerous Fortune 500 companies. Tim previously served as chief international trade counsel to the Senate Finance Committee and Chairman Max Baucus (D-MT), where he advised the Senator and other members of the committee on all aspects of the committee's international and economic agenda, including dozens of international trade disputes, competitiveness issues, intellectual property protection, and technology standards. From 1999-2000, Tim served at the White House National Economic Council.

Partner Jessica Herrera-Flanigan most recently served as Staff Director & General Counsel of the House Committee on Homeland Security, where she advised on CFIUS reform legislation, national security review of foreign transactions, and sovereign wealth fund issues. Previously, Jessica served from 1999-2003 as Senior Counsel to the Computer Crime & Intellectual Property Section, Criminal Division, U.S. Department of Justice, where she evaluated the national security concerns of foreign ownership applications pending before CFIUS and the FCC.

Founder and Partner Stewart Verdery served as Assistant Secretary at the Department of Homeland Security in the Border and Transportation Security Directorate from 2003-2005. Previously, Stewart served as General Counsel to Senate Assistant Majority Leader Don Nickles (R-OK) and Counsel to Senate Judiciary Committee Chairman Orrin Hatch (R-UT). During his tenure on Capitol Hill, numerous transactions came under informal Congressional scrutiny, including the Microsoft antitrust case and the AOL-TimeWarner merger. As a private sector attorney at Baker & Hostetler, Stewart participated in several antitrust lawsuits and provided competition advice to clients.

Senior Vice President Scott Corley has extensive experience on competition related issues, including in the area of mergers and acquisitions, international comity, and foreign regulatory enforcement. Before joining the firm, he spent five years as an integral part of Microsoft Corporation's antitrust team in Washington, DC. Among other things, Scott was actively involved in the US response to Microsoft's EU case, the Google-Yahoo merger, and the strategic partnership between Microsoft and Yahoo.

REPRESENTATIVE MATTERS

Represent a large multi-faceted technology company that has announced a business transaction with another technology company that will improve competitiveness in a major technology market when approved by regulators.

Represented a major satellite radio provider seeking regulatory approval to merge with its only direct competitor with respect to Congressional views and numerous hearings.

Represented a producer of identification documents whose main division was purchased by a competitor.

Represented a large multi-faceted technology company who opposed a business transaction between two competitors that was blocked by governmental regulators.

SELECT CLIENTS

Among the clients we have represented in the Competition and Antitrust area are Microsoft, XM Satellite Radio, and Digimarc.