• Profile
• Admissions/Affiliations
• Highlights News & Knowledge

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Speeches & Presentations

• "Legal Service Management: Association of Corporate Counsel's Value Challenge Master Classes for law department/firm leaders on value-based fees, project and process management," (July 2010 to present). Faculty Member: Robert A. Lipstein.
• "Is US Antitrust Enforcement Stifling Innovation?," Trends and Developments in Global Competition Law Annual Conference co-sponsored by The Interdisciplinary Centre for Competition Law and Policy and Crowell & Moring, Brussels (June 15, 2012). Moderator: Bo Vesterdorf, former President of the EU General Court; Panelists: Thomas Kramler, Deputy Head of Unit, Antitrust, IT, Internet and Consumer Electronics, DG COMP, European Commission; Mathew Heim, Seniro Director, Government Affairs & Counsel, Qualcomm Inc; Robert A. Lipstein.
• "Antitrust Distribution: Up All Night: Distribution Risk as a Leading Cause of Insomnia," Crowell & Moring Product Risk Management Seminar (October 19, 2011). Moderator: Ryan Tisch. Panelists: Melanie Sabo (Federal Trade Commission); Laura Jones (Avaya); Sean-Paul Brankin; Robert Lipstein.
• "Negotiating and Drafting Effective Alternative Fee Arrangements," ACI's 5th National Forum on Reducing Legal Costs (October 22, 2010). Co-Presenter: Robert A. Lipstein.
• "Using Value-Based Billing To Align Outside Counsel and Client Incentives," National Constitutional Center (September 15, 2010). Presenter: Robert A. Lipstein.
• "Project and Matter Management," Pilot Project on Value-Based Skills: Equipping the Next Generation of Latina Corporate Practice Leaders, presented by the ACC and the HNBA Commission on Status of Latinas in the Legal Profession (September 9, 2010). Presenter: Robert A. Lipstein.
• Vertical Restraints, Trends and Developments in Global Competition Law Annual Conference co-sponsored by The Interdisciplinary Centre for Competition Law and Policy and Crowell & Moring, Brussels (May 7, 2010). Panelists: Peter Vandeginste, Head of Antitrust, Nestlé; Stephan Simon, Deputy Head of Antitrust Unit, Consumer Goods, Basic Industries, Agriculture and Manufacturing, DG COMP, European Commission; Jean-Louis Fourgoux, Partner, Fourgoux and Associaés; Chair, Panel: Robert A. Lipstein.
• "What Happens When the FTC Calls: An Antitrust Primer for Retailers Focused on Pending Mall Consolidation," National Retail Tenants Association Webinar (March 23, 2010). Moderator: Gregory D. Call; Panelists: Robert A. Lipstein and Wm. Randolph Smith.
• "Resale Price Maintenance Post-Leegin: Avoiding Anti-Competitive Conduct in an Uncertain Legal Environment," Strafford Publications Teleconference (October 14, 2009). Faculty Member: Robert A. Lipstein.
• "Collaborate, Consolidate or Die?: Corporate Development and Antitrust Enforcement in a Global Economic Crisis," Crowell & Moring Webinar (September 22, 2009). Co-Presenters: Wm. Randolph Smith and Robert A. Lipstein.
• "Resale Price Maintenance Post-Leegin: Avoiding Anti-Competitive Conduct in an Uncertain Legal Environment," Strafford Publications Teleconference (May 7, 2009). Faculty Member: Robert A. Lipstein.
• "Antitrust Pitfalls in Internet Distribution: Minimizing Antitrust Risks in Manufacturer–Retailer E-Commerce Competition," Stafford Publications Teleconference (February 24, 2009). Faculty: Robert A. Lipstein.
• "Antitrust and SSO Developments," 4th Annual Advanced Patent Law Institute at USPTO (November 14, 2008). Co-Presenters: Jeffrey Blumenfeld and Robert A. Lipstein.
• "Antitrust Update," ABA Corporate Counseling Committee Webinar (October 11, 2007). Presenters: Wm. Randolph Smith, Kent A. Gardiner, Jeane A. Thomas, Robert Lipstein, Christopher E. Ondeck, Bridget E. Calhoun, Daniel A. Sasse, Werner Berg and Thomas De Meese.

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Publications

• "Conduct Remedies: A Major Change In DOJ Merger Cases," Law360 (October 4, 2012). Co-Authors: Wm. Randolph Smith, Robert A. Lipstein, Michael G. Van Arsdall, and Timothy (Ty) Carson.
• "Guide to Value-Based Billing," Association of Corporate Counsel and Crowell & Moring (May 2012). Author: Robert A. Lipstein.
• "How Tomorrow Moves: CSX Uses Scorecards to Help Outside Counsel Stay on Track," ACC Docket (October 2011). Co-Authors: Thomas I. Anderson, Kathryn D. Kirmayer and Robert A. Lipstein.
• "Unintended Consequences for Innovation in Modern U.S. Vertical Merger Review," The Antitrust Counselor (Winter 2011). Co-Authors: Robert Lipstein, Ryan Tisch and Mika Clark.
• Antitrust Special Report: "In Hard Times, Companies Look to Joint Ventures," The National Law Journal (November 2, 2009). Co-Authors: Robert A. Lipstein, Wm. Randolph Smith and Shawn R. Johnson.
• "The revised merger remedies notice - some comments," ECLR 2009, p. 281. (May 1, 2009). Co-Authors: Werner Berg and Rob Lipstein.
• "Merger Remedies in the US and Europe," Comparative Legal Guide to: Merger Control 2009. (March 1, 2009). Co-Authors: Robert A. Lipstein and Werner Berg.
• "Intellectual Property & Antitrust 2009 - USA," Getting the Deal Through - Global Competition Review (2008). Co-Authors: Robert A. Lipstein, Jeffrey Blumenfeld, Olivier N. Antoine and Timothy Carson.
• "Observations On Brand Name-Generic Sham Litigation Disputes and Settlements," AIPLA Antitrust News (May 2008). Co-Authors: Robert A. Lipstein, Karen A. Gibbs and Valerie Hinko O'Such.
• "Good Things for Antitrust & IP: Will Leegin Bring GE to Life?," Distribution, the newsletter of the Distribution and Franchising Committee, ABA Antitrust Section, Vol. 12, No. 1 (February 2008). Co-Authors: Robert Lipstein and Ryan C. Tisch.
• "RPM in IP: RIP To Per Se?," Competition Law and IP Law360 (April 2007). Co-Authors: Robert Lipstein and Ryan C. Tisch.
• "The Next Telecom Frontier: A 'Net Neutrality' Primer," Global Competition Review of the Americas (October 2006). Co-Authors: Robert Lipstein and Jeffrey Blumenfeld.
• "Complicated Confessions: With Regulators in Multiple Jurisdictions, a Rush for Global Amnesty Gets Tricky," Legal Times, Vol. XXIX, No. 12 (March 20, 2006). Co-Authors: Jeffrey Blumenfeld, Robert Lipstein and Volker Soyez.

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Client Alerts & Newsletters

• "FTC Settles with Google on Standard-Essential Patents," IP Insights (January 9, 2013). Contacts: John S. Gibson, Jeffrey Blumenfeld, Robert A. Lipstein, Jeffrey D. Sanok, Mark Supko, M. Brinkley Tappan.
• "FTC Continues Campaign Against Injunctions for Standard Essential Patents: Uses Section 5 to Push Section 2 Boundaries," IP Insights (December 18, 2012). Contacts: Jeffrey Blumenfeld, Robert A. Lipstein, Mika Clark.
• "FTC Clarifies "Investment Only" Exception to HSR Reportability," Antitrust Law Alert (September 26, 2012). Contacts: Ryan C. Tisch, Robert A. Lipstein, Jeane A. Thomas, Shawn R. Johnson.
• "FTC Urges ITC to Deny Exclusion Orders for RAND-Encumbered Standard Essential Patent Holders," IP Insights (June 15, 2012). Contacts: Mark A. Klapow, Kathryn L. Clune, Robert A. Lipstein.
• ""Toto – We Can't Be In Kansas": Kansas Supreme Court Scuttles Rule of Reason for Resale Price Agreements Under State Law," Antitrust Law Alert (May 7, 2012). Contacts: Robert A. Lipstein, Ryan C. Tisch, Daniel A. Sasse, Chahira Solh.
• "FTC Increases HSR and Section 8 Thresholds," Antitrust Law Alert (January 26, 2012). Contacts: Robert A. Lipstein, Shawn R. Johnson.
• "Mandatory Indian Merger Control: What You Need to Know," Antitrust Law Alert (July 15, 2011). Contacts: Robert A. Lipstein, Jeane A. Thomas, Olivier N. Antoine.
• "FTC Requires More Documents With Revised HSR Notification Form," Antitrust Law Alert (July 7, 2011). Contacts: Wm. Randolph Smith, Robert A. Lipstein, Shawn R. Johnson.
• "Hidden Discount Judgment of $2 Billion Against Ford: Implications for Pricing Systems," Antitrust Law Alert (June 22, 2011). Contacts: Robert A. Lipstein, Mark A. Klapow, Christie L. Stahlke.
• "Antitrust Division Issues Updated Policy Guide to Merger Remedies," Antitrust Law Alert (June 21, 2011). Contacts: Robert A. Lipstein, Jeane A. Thomas, Lauren B. Patterson.
• "Robust State Enforcement of Minimum Resale Price Maintenance May Require New Approaches to Pricing," Antitrust Law Alert (January 24, 2011). Contacts: Robert A. Lipstein, Daniel A. Sasse, Chahira Solh.
• "Federal Circuit's En Banc Princo Decision Limits Patent Misuse Doctrine," IP Insights (September 2, 2010). Contacts: Robert A. Lipstein, Jeffrey Blumenfeld, Astor Heaven.
• "FTC and DOJ Issue Final Version of Revised Merger Guidelines," Antitrust Law Alert (August 20, 2010). Contacts: Wm. Randolph Smith, Robert A. Lipstein, Shawn R. Johnson, Robert B. McNary.
• "FTC Notices Proposed Changes To HSR Form," Antitrust Law Alert (August 17, 2010). Contacts: Robert A. Lipstein, Michael G. Van Arsdall, Shawn R. Johnson.
• "FTC Settles Charges That Intel Violated Section 5 of the FTC Act," IP Insights (August 4, 2010). Contacts: Robert A. Lipstein, Michael G. Van Arsdall, Robert B. McNary, Andrew Slade.
• "Privilege does not extend to in-house or foreign lawyers in EU antitrust cases says Advocate General of European Court of Justice," Antitrust Law Alert (May 3, 2010). Contacts: Robert A. Lipstein, Werner Berg, Sean-Paul Brankin, Olivier N. Antoine.
• "European Commission Adopts New Competition Rules For Distribution Of Goods And Services," Antitrust Law Alert (April 26, 2010). Contacts: Werner Berg, Thomas De Meese, Robert A. Lipstein.
• "FTC, DOJ Issue Revised Merger Guidelines," Antitrust Law Alert (April 20, 2010). Contacts: Robert A. Lipstein, Wm. Randolph Smith, Shawn R. Johnson.
• "Third Circuit Clarifies Robinson-Patman Act's Competing Purchaser Requirement in Bid Situations," Antitrust Law Alert (January 12, 2010). Contacts: Robert A. Lipstein, Ryan C. Tisch, Timothy (Ty) Carson.
• "Federal Trade Commission Charges Intel With Anticompetitive Conduct; Commits to Expedited Administrative Trial and Decision," IP Insights (December 16, 2009). Contacts: Robert A. Lipstein, Jeffrey Blumenfeld, Ryan C. Tisch.
• "FTC, Whole Foods Reach Agreement on Wild Oats Acquisition," Antitrust Law Alert (March 9, 2009). Contacts: Wm. Randolph Smith, Robert A. Lipstein, Ryan C. Tisch.
• "New FTC Settlement with Music Industry Trade Association Provides Important Guidance For Associations That Conduct Industry-Wide Meetings," Antitrust Law Alert (March 4, 2009). Contacts: Robert A. Lipstein, Christopher E. Ondeck.
• "FTC's Bureau of Competition Issues Report and Statement Emphasizing Continued Scrutiny of Pharmaceutical Agreements," Antitrust Law Alert (May 27, 2008). Contact: Robert A. Lipstein.
• "Antitrust/IP Interface: D.C. Circuit Reverses FTC in Rambus Case Involving Alleged Deception of Standards Development Organization," Antitrust Law Alert (April 24, 2008). Contacts: Robert A. Lipstein, Wm. Randolph Smith.
• "Practical Considerations Arising From Supreme Court's Leegin Decision Overturning Per Se Treatment of Minimum Resale Price Maintenance Agreements," Antitrust Law Alert (June 28, 2007). Contacts: Wm. Randolph Smith, Robert A. Lipstein, Ryan C. Tisch.
• "Senators Grill Antitrust Officials over Lax Merger Enforcement," Antitrust Law Alert (March 9, 2007). Contacts: Robert A. Lipstein, Wm. Randolph Smith.
• "Supreme Court Brings Law on Predatory Buying into Line with Existing Rule on Predatory Selling," Antitrust Law Alert (February 22, 2007). Contacts: Jeffrey H. Howard, Robert A. Lipstein, Ryan C. Tisch.
• "International Trade Bulletin - Volume 2, Issue 1," International Trade Bulletin (January 26, 2007). Contacts: Jeffrey L. Snyder, Robert A. Lipstein, Werner Berg.
• "FTC Reaches Settlement With Major Weight-Control Pill Marketers," Antitrust Law Alert (January 5, 2007). Contacts: Robert A. Lipstein, Bridget E. Calhoun.
• "The Latest in AT/IP: FTC Rules Against Rambus -- Lack of Disclosure Leads to Finding of Violation of the Sherman Act," Antitrust Law Alert (August 2, 2006). Contacts: Robert A. Lipstein, M. Brinkley Tappan.
• "International Trade Bulletin - Volume 1, Issue 8," International Trade Bulletin (June 26, 2006). Contacts: Jeffrey L. Snyder, Robert A. Lipstein, Alexander H. Schaefer, Donald E. Sovie, Michael J. Songer.
• "FTC/DOJ Open Joint Hearings on Single Firm Conduct," Antitrust Law Alert (June 21, 2006). Contacts: Robert A. Lipstein, Ryan C. Tisch.
• "FTC and DOJ Hold Initial Hearing on Predatory Pricing," Antitrust Law Alert (June 6, 2006). Contacts: Ryan C. Tisch, Robert A. Lipstein.
• "International Trade Bulletin - Volume 1, Issue 5," International Trade Bulletin (May 16, 2006). Contacts: Jeffrey L. Snyder, Robert A. Lipstein, Jeffrey Blumenfeld, Melissa Coyle, Lorraine B. Halloway, Alexander H. Schaefer.
• "Court Dismisses Resident Match Antitrust Lawsuit," Health Law 'In The News' (August 16, 2004). Contacts: Arthur N. Lerner, Robert A. Lipstein, Ryan C. Tisch.

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In the News

• Legal Fees Should Reflect 'Results Achieved
  August 16, 2012 — Bloomberg Law (videocast)
  
  

  Robert A. Lipstein, partner and chair of Crowell & Moring’s Finance and Contingent Fee Review Committees, is interviewed by Bloomberg Law about in-house counsels' growing demand for alternative fee arrangements or value-based billing options from their outside law firms.  Mr. Lipstein is also a co-chair of the firm’s Antitrust Group.

  Link to video posted here: YouTube post:  http://www.youtube.com/watch?v=MLYW8S4ilio

  
  
• Lawyers React to Proposed New Merger Guidelines
  April 20, 2010 — Competition Law360
  
  Crowell & Moring LLP Antitrust Group partner and co-chair Robert A. Lipstein is featured for his comments on the potential impact of the proposed new guidelines released by United States antitrust regulators, outlining how deals between competitors are scrutinized by the agencies. According to Lipstein, "Given the initial set of questions posed by the agencies at the start of the guidelines revision process, the draft guidelines contain few surprises. As expected, the market share screens have been raised to more closely correspond with actual agency practice. At the same time, and also as expected, the draft guidelines downplay the importance of market definition in the merger review process, and emphasize that the agencies will apply a number of tests to assess more directly the competitive effects of transactions."
  
  
• Steering Clear of Antitrust Pitfalls In IP Licensing
  April 13, 2010 — Intellectual Property Law360
  
  Crowell & Moring LLP Antitrust Group partner and co-chair Robert A. Lipstein talks about the international implications that lawyers should consider when drafting IP licenses for clients. One important consideration for IP licenses is the jurisdiction where the license will be in effect. According to Lipstein, "If you structure the license to comply only with the most lenient antitrust environment, you're likely to run into issues where enforcement is less lenient."
  
  
• FTC's Intel Lawsuit To Test Scope of Agency's Antitrust Power
  December 17, 2009 — Dow Jones News Service/Wall Street Journal
  
  Robert A. Lipstein, partner and co-chair of Crowell & Moring LLP’s Antitrust Group, is featured in Dow Jones News Service for his thoughts on the Federal Trade Commission bringing its case against Intel Corp.. Instead of suing Intel in federal court for antitrust violations, the commission is bringing its case through an FTC administrative proceeding based on the Federal Trade Commission Act, which allows broader claims than federal antitrust law. A key provision of the act, known as Section 5, prohibits unfair methods of competition, and deceptive acts and practices in commerce.
  
  
• Section 2 Roundtable
  July 31, 2009 — Global Competition Review
  
  Crowell & Moring LLP Antitrust Group co-chair and partner Robert A. Lipstein is featured as the moderator in Global Competition Review's roundtable on the future of Section 2 enforcement in the United States and how agencies across the world should approach some of the thorniest issues in competition enforcement today. Lipstein was joined by five other leading specialists.
  
  
• "Practice Leader" Q&A with Crowell & Moring's Robert A. Lipstein
  July 29, 2009 — Competition Law360
  
  Robert A. Lipstein, partner with Crowell & Moring LLP and co-chair of the firm's Antitrust Group, is featured in a Competition Law360's "Practice Leader" Q&A on his practice, the complexity of his cases, and his most notable accomplishments as a lawyer.
  
  
• Repealing Leegin Could Harm Consumers: Experts
  May 6, 2009 — Competition Law360
  
  Robert A. Lipstein, partner and co-chair of Crowell & Moring LLP's Antitrust Group, is featured for his comments on resale price agreements in the Leegin decision and the effort by Congress to pass a law repealing Leegin.
  
  
• Magazine Companies Hit with Second Conspiracy Complaint
  March 12, 2009 — Global Competition Review
  
  Crowell & Moring LLP Antitrust Group partner Robert A. Lipstein is featured for his comments on the antitrust lawsuit filed by magazine wholesaler Anderson News against distributors and publishing companies in the New York district court.
  
  
• FTC Releases Performance Report
  November 21, 2008 — Global Competition Review
  
  Crowell & Moring Antitrust Group partner Robert A. Lipstein is featured for his comments on the Federal Trade Commission’s 2008 performance and accountability report. The annual report reviews the commission's work over the year and assesses its performance against pre-set targets.
  
  
• American Lawyer's Big Deals: Reed Elsevier/ChoicePoint
  June 20, 2008 — American Lawyer
  
  Crowell & Moring is featured in the American Lawyer's "Big Deals" column for the firm's work on Reed Elsevier’s agreement to buy ChoicePoint Inc. for $4.1 billion. Led by Crowell & Moring partner and vice-chair of the firm’s Antitrust Group, Robert A. Lipstein, along with counsel Michael Van Arsdall, the firm represented Reed Elsevier on antitrust matters surrounding the deal. Pending approval from shareholders and regulators, the deal is expected to be finalized in the summer of 2008.
  
  
• Caution Required in a Post-Leegin World: Experts
  May 22, 2008 — Competition Law 360
  
  Crowell & Moring partner, and vice-chair of the Antitrust Group, Robert A. Lipstein is featured in Competition Law360 for his comments on the U.S. Supreme Court’s landmark decision in Leegin Creative Leather Products Inc. v. PSKS Inc. The decision gave manufacturers the power to set a minimum price retailers must charge.
  

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Firm News & Announcements

Dec.03.2012	Crowell & Moring Antitrust Group Featured in Global Competition Review's 13th Edition "GCR 100" in D.C. and New York
Sep.04.2012	The Best Lawyers in America 2013 Recognizes 44 Crowell & Moring Attorneys
Jun.07.2012	Chambers USA Ranks 45 Crowell & Moring Attorneys and 18 Leading Practice Areas Among Best in U.S.
Feb.01.2012	Crowell & Moring Antitrust Group Featured in Global Competition Review's "GCR 100" and "New York's Finest" Special Reports
Oct.05.2011	Crowell & Moring Consumer Product Safety Seminar to Feature Senator Mark Pryor and Other Key Government Officials
Aug.30.2011	The Best Lawyers in America 2012 Recognizes 43 Crowell & Moring Attorneys
Jun.10.2011	Chambers USA Ranks Crowell & Moring Attorneys and Leading Practice Areas Among Best In U.S.
Aug.03.2010	The Best Lawyers in America 2011 Recognizes 44 Crowell & Moring Attorneys
Jun.11.2010	Chambers USA Ranks 42 Crowell & Moring Attorneys and 14 Practice Areas as Among Best In Class
Nov.11.2009	Crowell & Moring Wins Financial Times "Innovative Lawyers Award" For Alternative Fee Arrangements
Jun.13.2008	Chambers USA Ranks 33 Crowell & Moring Attorneys and 13 Practice Areas as Among Best In Class
Sep.11.2007	The Best Lawyers in America 2008 Recognizes 34 Crowell & Moring Attorneys
Oct.27.2005	Crowell & Moring LLP Client SBC Communications Inc. Receives Clearance From U.S. Department of Justice For Merger With AT&T
Dec.17.2004	Best Lawyers Guide Recognizes Four Crowell & Moring Attorneys