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Experience:
Gary Winters is a litigator who focuses his practice on antitrust and commercial litigation. He has represented domestic and foreign clients in civil and criminal antitrust matters at both the trial and appellate levels. His cases have involved a broad range of antitrust issues, including price-fixing, exclusive dealing, group boycotts, and monopolization, in such diverse industries as food products, chemicals, transportation, fertilizers, health care, and publishing.
Gary has significant experience defending antitrust class actions, including coordinating the defense of multiple indirect purchaser class actions in state courts. In addition, he has represented individual and corporate clients in several criminal antitrust investigations and has counseled clients on the antitrust implications of distribution arrangements, joint ventures, and the Nonprofit Institutions Act.
Gary also has in-depth experience in a wide variety of commercial litigation and arbitration matters. He represented the prevailing defendant in a landmark shareholder derivative case in Maryland, and he has litigated cases involving medical device preemption, restrictive employment covenants, government contracts, fraud, and breach of contract. Currently, Gary is part of the Mayer Brown team representing a defendant in United States v. W.R. Grace, a major conspiracy and Clean Air Act prosecution concerning the Libby, Montana asbestos site.
Prior to joining Mayer Brown in 1992, Gary served as Law Clerk to The Honorable Carolyn Dineen King, US Court of Appeals for the Fifth Circuit, Houston (1991-1992).
Notable Engagements:
Blomkest Fertilizer v. Potash Corporation of Saskatchewan: Represented IMC Global in this long-running price-fixing case, which resulted in summary judgment for the defense.
In re Citric Acid Litigation; In re High Fructose Corn Syrup Antitrust Litigation: Represented Cargill in these civil cases stemming from the government's investigation of the food additive industry. Cargill won summary judgment in Citric Acid, and reached a favorable settlement in High Fructose.
Burlington Drug Co. v. VHA; Retractable Technologies v. VHA & Novation; Applied Medical Corp. v. Novation: Represented VHA and Novation, one of the largest hospital group purchasing organizations in the US, in these cases alleging exclusive dealing and other antitrust claims.
Strotek v. Air Transport Association, et al.: Represented United Air Lines in this case alleging a group boycott, which resulted in summary judgment for the defense.
Werbowsky v. Collomb: Represented Lafarge Corp. in a shareholder derivative action in which the plaintiffs challenged a transaction between Lafarge and its parent. Lafarge won summary judgment, which was affirmed in an opinion by the Maryland Court of Appeals that has become a leading authority on the demand rule in Maryland.
Horn v. Thoratec Corp.: Represented Thoratec, a manufacturer of an implantable heart-assist device, in a product liability action in which the Third Circuit affirmed dismissal based on federal preemption.
Equal Rights Center v. Archstone-Smith Trust, et al.: Represented Archstone, a developer and owner of multi-family housing, in a lawsuit alleging discrimination against the disabled in over 100 properties.
In re EPDM Antitrust Litigation: Represent DSM Copolymer and DSM Elastomers Europe in federal direct purchaser and state indirect purchaser cases alleging price fixing of synthetic rubber; dismissals have been won in several state cases.
United States v. W.R. Grace: Represent an individual defendant in this criminal prosecution alleging conspiracy and violations of the Clean Air Act in connection with Grace's operation of its former Libby, Montana vermiculite mine.
Education:
Georgetown University Law Center, JD, cum laude, 1991; Notes and Comment Editor, Georgetown Law Journal, Northwestern University, BA, with honors, 1985. | 