Theodore C. Whitehouse

Partner

Washington
Willkie Farr & Gallagher LLP
1875 K Street, N.W.
Washington, DC 20006-1238

Theodore Case Whitehouse is a partner in the Litigation Department, focusing on litigation, with a particular emphasis on antitrust and Foreign Corrupt Practices Act matters. Ted regularly engages in trial and appellate litigation and in antitrust and Foreign Corrupt Practices Act investigations and counseling. Recent significant engagements have included representation of Teva Pharmaceuticals in internal investigations, private antitrust litigation, M&A transactions, and government investigations; representing Space Systems/Loral in its acquisition by MacDonald Dettwiler & Associates, and advising Yamaha Motor Corporation USA on antitrust matters. Ted’s experience includes involvement in significant government antitrust enforcement matters from both the private practice and government sides.

Theodore Case Whitehouse is a partner in the Litigation Department, focusing on litigation, with a particular emphasis on antitrust and Foreign Corrupt Practices Act matters. Ted regularly engages in trial and appellate litigation and in antitrust and Foreign Corrupt Practices Act investigations and counseling. Recent significant engagements have included representation of Teva Pharmaceuticals in internal investigations, private antitrust litigation, M&A transactions, and government investigations; representing Space Systems/Loral in its acquisition by MacDonald Dettwiler & Associates, and advising Yamaha Motor Corporation USA on antitrust matters. Ted’s experience includes involvement in significant government antitrust enforcement matters from both the private practice and government sides.

Selected Significant Matters

  • United States v. American Telephone and Telegraph Co., 524 F. Supp. 1336 (D.D.C. 1981); United States v. Western Electric Co., 552 F. Supp. 131 (D.D.C. 1982), aff’d sub nom. Maryland v. United States, 460 U.S. 1001 (1983): Member of Justice Department trial team.
  • United States v. Atlantic Refining Co., US District Court for the District of Columbia, 1982. Member of Justice Department trial team.
  • In the Matter of the Syndication and Financial Interest Rule, 94 F.C.C. 2d 1019 (1983): Member of team representing television program production interests in large-scale public policy and regulatory dispute concerning FCC rules (and parallel antitrust consent decrees) regulating major television networks’ ownership interests in television programming.
  • In the Matter of Spanish International Communications Corp., 1 F.C.C. Rcd. 92 (1986): Trial counsel for Spanish International Network in complex multi-party evidentiary hearing concerning alleged improper alien control of television stations based, in part, on network-affiliate economic relationships.
  • BellSouth Advertising & Publishing Corp. v. Donnelley Information Publishing, Inc., 999 F.2d 1436 (11th Cir.)( en banc), cert. denied 114 S. Ct. 943 (1993): Primary day-to-day responsibility for 8 year bet-the-company litigation effort concerning alleged infringement of copyrights in yellow pages telephone directories and antitrust counterclaims.
  • Motorcycle Grand Jury: Represented Yamaha Motor Corporation, U.S.A., and its Japanese parent company in two-year criminal antitrust investigation into alleged horizontal market allocation involving the four major Japanese motorcycle manufacturers. Prepared witnesses and represented the client in dealings with the Antitrust Division and in the joint defense committee. No indictments issued.
  • In re All Terrain Vehicle Litigation, 1992 US App. Lexis 30345 (9th Cir. 1992): Primary responsibility for defense of Yamaha Motor Corporation, U.S.A. and its Japanese parent company in approximately five years of purported class action litigation in federal court in Philadelphia and Los Angeles premised on the claim that sales of three-wheel all-terrain vehicles were fraudulent in violation of RICO and consumer protection laws of all fifty states. Eventual dismissal of complaints affirmed by Ninth Circuit in unpublished opinion.
  • Donnelley Marketing, Inc. v. BellSouth Advertising & Publishing Corp. (E.D.N.C. 1989-91): Primary day-to-day responsibility for representation of Donnelley Marketing, Inc. in crucial copyright litigation seeking declaratory judgment that BellSouth’s claimed copyrights in white pages telephone directories did not bar use of data from the directories for compilation of sophisticated consumer direct mail lists. BellSouth abandoned its claims entirely after the Feist decision discussed below.
  • Feist Publications, Inc. v. Rural Telephone Service Corp., 499 U.S. 340 (1991): Responsible for briefs for the petitioner and amicus brief and for second chairing the oral argument by the petitioner’s local lawyer from Kansas resulting in a unanimous, landmark decision on the nature of copyright in factual compilations.
  • Turner Broadcasting System v. Federal Communications Commission, 819 F. Supp. 32 (D.D.C. 1993), vacated and remanded 512 U.S. 622, reh’g denied 512 U.S. 1278 (1994), on remand 910 F. Supp. 734 (D.D.C. 1995), aff’d 520 U.S. 180 (1997): Local counsel for Time Warner Entertainment Co., L.P., in litigation challenging, on First Amendment grounds, the "must carry" provisions of the 1992 Cable Act.
  • Photographic Film (Fuji Photo Film/Kodak) Trade Dispute: Principal responsibility for antitrust analysis and advocacy on behalf of Fuji Photo Film in high-profile market access and business conduct dispute between the world’s leading producers of photographic film.
  • Caribbean Broadcasting System, Ltd. v. Cable and Wireless plc, 148 F.3d 1080 (1998): Lead counsel for defendant Cable and Wirelessantitrust litigation concerning alleged anticompetitive acts in the radio broadcasting industry in the Caribbean.
  • Great Western Cellular Partners v. Federal Communications Commission, 1995 U.S. App. LEXIS 38553 (D.C. Cir. 1995): Counsel for petitioner Great Western in appeal from dismissal of application for license for cellular wireless telephone system.
  • United States v. PRIMESTAR, Inc., et al., Civil No.: 1:98CV01193 (JLG) (D.D.C.): Counsel for PRIMESTAR, a broadcast satellite television company owned by several cable television companies, in antitrust investigation and litigation arising from efforts by PRIMESTAR to acquire direct broadcast satellite assets from MCI Communications Corp. and News Corporation.
  • Cellular Telecommunications Industry Ass’n. v. Federal Communications Commission, 168 F.3d 1332 (D.C. Cir. 1999): Counsel for petitioner CTIA in appeal of FCC decision permitting states to impose certain "universal service" charges on wireless carriers.
  • General Instrument Corp. v. Federal Communications Commission, 213 F.3d 724 (D.C. Cir. 2000): Counsel for General Instrument (now Motorola) and lead counsel for petitioners in appeal of FCC decision establishing rules to govern ownership, sale, and configuration of set top converter boxes used to receive cable television programming.
  • Motorsports Racing Plus, Inc. v. Arctic Cat Sales, Inc., et al. and National Snowmobile Straightline Racing v. Arctic Cat Sales, Inc., et al. (Minnesota state court, 2000-03): Lead counsel for defendant Yamaha Motor Corporation, U.S.A. in consolidated antitrust cases challenging alleged conspiracy among snowmobile manufacturers to restrain trade in snowmobile racing.
  • Yamaha Hatsudoki Kabushiki Kaisha d/b/a Yamaha Motor Co., Ltd. v. Bombardier Inc., et al., Civil Action No. SACV 00-549-DOC (EEx), United States District Court for the Central District of California, and In the Matter of Certain Personal Watercraft and Components Thereof, Investigation NO. 337-TA-452, US International Trade Commission: Lead antitrust counsel for Yamaha in major patent and antitrust litigation involving alleged infringement of 30 patents and antitrust counterclaims seeking over $60 million in damages.Acquisition by Teva Pharmaceutical Industries, Ltd. of SICOR, Inc.: Lead antitrust counsel for acquiring company on $3.4 billion acquisition.
  • In re Nifedipine Antitrust Litigation, No. 1:03-MC-223 (D.D.C.): Lead counsel for Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd. in consolidated multidistrict class action litigation concerning distribution of generic nifedipine following on FTC investigation and consent decree relating to distribution arrangements at issue.
  • Acquisition of Information Holdings, Inc. by The Thomson Corporation: Lead antitrust counsel for acquired company in $600 million acquisition of leading supplier of patent data and related services.
  • Brunswick Corporation v. Yamaha Motor Co., Ltd., No. 04-C-0854 (E.D. Wis.): Lead counsel for Yamaha in defense of action seeking injunction pending arbitration of contract dispute arising from international trade (antidumping) proceedings.
  • Acquisition of Eon Labs, Inc. and affiliated companies in Europe by Novartis AG: Lead antitrust counsel for acquired company in $1.7 billion acquisition of Eon by Novartis AG.
  • In re Insurance Brokerage Antitrust Litigation, No. 04-5184 (FSH) (D.N.J.): Counsel for defendant Marsh & McLennan, Inc. in consolidated multidistrict class action litigation arising from allegations of anticompetitive conduct in the brokerage and sale of property and casualty insurance.
  • Acquisition of The Titan Corporation by L-3 Communications Holdings, Inc.: Lead antitrust counsel for acquired company in $2 billion acquisition of Titanby L-3.
  • Acquisition by Teva Pharmaceutical Industries, Ltd. of IVAX Corporation: Antitrust counsel for acquiring company in $7.4 billion merger.
  • Glaxo Group Ltd. d/b/a GlaxoSmithKline v. Leavitt, No. AMD 06-469 (D. Md.): Counsel for amicus curiae Generic Pharmaceutical Association.
  • MedImmune, Inc. v. Genentech, Inc., No. 05-608 (U.S. Supreme Court): Counsel for amicus curiae Generic Pharmaceutical Association.
  • Acquisition by MedAssets, Inc. of Broadlane Group, Inc.: Antitrust counsel to acquiring company in $800 million merger.
  • Acquisition by H&R Block Inc. of 2d Story Software, Inc.: Lead antitrust counsel to acquiring company in $290 million merger of second and third largest providers of on-line income tax preparation services.
  • Acquisition of Space Systems/Loral by MacDonald Dettwiler and Associates: Lead antitrust counsel to acquired company in $1 billion transaction.
  • Global internal investigation of Foreign Corrupt Practices Act allegations involving major multinational pharmaceutical manufacturer—ongoing

Prior Experience

Ted served as a trial attorney in the Antitrust Division of the Justice Department, where he spent most of his time on the trial and settlement of United States v. AT&T, the case that led to the break-up of the Bell System in 1982. Previously he served as a judicial law clerk to the Honorable George H. Revercomb in Washington, D.C.

Selected Professional and Business Activities

Ted currently supervises Willkie’s Washington, D.C. office Pro Bono Legal Assistance Program. From 1991 to the present, Ted has served as Chair of the Appellate Advocacy Continuing Legal Education Program jointly sponsored by the United States Court of Appeals for the District of Columbia Circuit and the D.C. Bar. He is a member of the American Bar Association and of the Board of Directors of the Council for Court Excellence.