Rob Lipstein is a retired partner in Crowell & Moring's Antitrust, International Trade, and Intellectual Property groups. As past chair of the firm's Finance and Contingent Fee Review Committees, Rob spearheaded the firm's value-based billing and legal project management initiatives, working across practice areas to craft and implement a wide range of alternative fee agreements, and to train the law firm on implementation of LPM.
Beginning in 1978, Rob counseled clients on all aspects of antitrust and trade regulation issues, with particular experience on mergers and acquisitions, including pre-merger notification and pre-merger integration planning procedures; product distribution; and the interaction of antitrust and intellectual property laws. Rob worked extensively with companies in the aerospace, telecommunications, chemicals, industrial gases, hazardous waste, consumer electronics, and musical instruments industries. Rob was the architect of distributor and dealer agreements that have become the standards in several industries, and has assisted companies to establish and enforce unilateral Minimum Advertised Price and Minimum Retail Price policies.
Rob was recognized by Chambers USA as a leading lawyer who is "highly regarded for his litigation skills, as well as his skill in guiding clients through FTC investigations." He was also recognized as a "Top Rated Lawyer in International Law & International Trade" by The Asian Lawyer and Focus Europe. Rob was named by his peers for more than 11 consecutive years as one of The Best Lawyers in America in the area of International Trade and Finance Law. He was named in Best Lawyers in the area of Antitrust Law and was featured in the 2004, 2006, 2010, and 2011 Guide to the World's Leading Competition and Antitrust Lawyers. Global Competition Review named Rob to their "2013 International Who's Who of Competition Lawyers & Economists" list. Additionally, Rob was recognized by peers in Best Lawyers, District of Columbia, as well as by Super Lawyers in the area of Antitrust Litigation.
Rob regularly counseled and represented clients before the FTC and the Antitrust Division of the DOJ regarding mergers, acquisitions, joint ventures, competitor collaborations, and compliance with the Hart-Scott-Rodino Act. Transactions included representing Clean Harbors in its $1.25 billion acquisition of Safety-Kleen, United Technologies Corporation in its $16.4 billion purchase of Goodrich Corporation, AT&T in its proposed $39 billion purchase of T- Mobile, Reed Elsevier Group plc in connection with its $544 million purchase of Accuity, its $4 billion purchase of ChoicePoint, Inc., its $4 billion sale of Harcourt Education Group, and its $950 million sale of Harcourt Assessment, Inc., as well as SBC in its $16 billion acquisition of AT&T, and AT&T in its $86 billion acquisition of Bell South. Rob also represented Yamaha Corporation of America in the FTC's investigation into MAP prices for musical instruments, and follow-on civil litigation, In Re Musical Instruments.
In addition to his M&A and distribution focus, Rob counseled clients operating at the intersection of antitrust and intellectual property laws, advising leading technology companies and patent pool administrators on antitrust issues. And with over thirty years of trademark and copyright prosecution and litigation experience, Rob also assisted clients to protect their valuable intellectual property rights, and to enforce those rights against misuse, particularly on the Internet.
Rob also represented clients in antidumping and countervailing duty investigations and reviews before the Department of Commerce and the International Trade Commission, as well as the Court of International Trade and the Court of Appeals for the Federal Circuit. He wrote several commentaries on the antidumping law, and on the interaction of the antidumping and antitrust laws, and spoke on international panels on these topics.
Rob graduated Phi Beta Kappa from Stanford University in 1975 and obtained his law degree in 1978 from Stanford Law School, where he was associate managing editor of the Stanford Law Review. Rob is a fifth degree black belt in taekwondo.
Highlights, News & Knowledge
Speeches & Presentations
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"Corporate Counsel Litigation Forum: Strategies & Trends in Effective Value-Based Billing," Crowell & Moring's Corporate Counsel Litigation Forum Webinar Series
(June 23, 2015).
Moderator: Jerome A. Murphy; Panelists: Robert A. Lipstein, Matthew Laws, Dr. Silvia Hodges Silverstein, and Justin Ergler.
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"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.
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"Is U.S. 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.
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"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.
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"Negotiating and Drafting Effective Alternative Fee Arrangements," ACI's 5th National Forum on Reducing Legal Costs
(October 22, 2010).
Co-Presenter: Robert A. Lipstein.
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"Using Value-Based Billing To Align Outside Counsel and Client Incentives," National Constitutional Center
(September 15, 2010).
Presenter: Robert A. Lipstein.
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"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.
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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.
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"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.
Publications
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"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.
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"Guide to Value-Based Billing," Association of Corporate Counsel and Crowell & Moring
(May 2012).
Author: Robert A. Lipstein.
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"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.
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"Unintended Consequences for Innovation in Modern U.S. Vertical Merger Review," The Antitrust Counselor
(Winter 2011).
Authors: Robert Lipstein, Ryan Tisch, and Mika Clark.
Client Alerts & Newsletters
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"Qualcomm's $975 Million China Settlement: Is NDRC Righting Antitrust Wrongs, or Building Industrial Policy?,"
Antitrust Law Alert
(February 13, 2015).
Contacts: John S. Gibson, Mark A. Klapow, Robert A. Lipstein, Olivier N. Antoine
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"Justice Department Will Not Challenge Revised IEEE Standards Patent Policy,"
Antitrust Law Alert
(February 5, 2015).
Contacts: Robert A. Lipstein, John S. Gibson, Mark A. Klapow, Robert B. McNary
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"Genuine Product Improvement Not Monopolization, California Jury Finds in Closely Watched Apple iPod Trial,"
Antitrust Law Alert
(December 17, 2014).
Contacts: Robert A. Lipstein, John S. Gibson, Mark A. Klapow, Robert B. McNary, Brendan Sepulveda
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"FTC Invokes "Deception" Authority Under Section 5 to Try to Curb "Patent Troll" Behavior,"
Antitrust Law Alert
(November 12, 2014).
Contacts: Robert A. Lipstein, Mark A. Klapow, Kathryn L. Clune, Robert B. McNary
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"Patent Troll Successfully Repleads Attack on Patent Aggregator RPX,"
Antitrust Law Alert
(December 13, 2013).
Contacts: Robert A. Lipstein, John S. Gibson, Mark A. Klapow, Shawn R. Johnson
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"Federal Trade Commission Votes to Conduct Study on Patent Assertion Entities,"
Antitrust Law Alert
(September 27, 2013).
Contacts: Robert A. Lipstein, John S. Gibson, Beatrice B. Nguyen
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"FTC Settles with Google on Standard-Essential Patents,"
Antitrust Law Alert
(January 9, 2013).
Contacts: John S. Gibson, Robert A. Lipstein, Jeffrey D. Sanok, Mark Supko
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"FTC Continues Campaign Against Injunctions for Standard Essential Patents: Uses Section 5 to Push Section 2 Boundaries,"
Antitrust Law Alert
(December 18, 2012).
Contact: Robert A. Lipstein
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"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
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"FTC Urges ITC to Deny Exclusion Orders for RAND-Encumbered Standard Essential Patent Holders,"
Antitrust Law Alert
(June 15, 2012).
Contacts: Mark A. Klapow, Kathryn L. Clune, Robert A. Lipstein
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""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
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"FTC Increases HSR and Section 8 Thresholds,"
Antitrust Law Alert
(January 26, 2012).
Contacts: Robert A. Lipstein, Shawn R. Johnson
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"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
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"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
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"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
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"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
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"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
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"Federal Circuit's En Banc Princo Decision Limits Patent Misuse Doctrine,"
Antitrust Law Alert
(September 2, 2010).
Contacts: Robert A. Lipstein, Astor Heaven
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"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
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"FTC Notices Proposed Changes To HSR Form,"
Antitrust Law Alert
(August 17, 2010).
Contacts: Robert A. Lipstein, Michael G. Van Arsdall, Shawn R. Johnson
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"FTC Settles Charges That Intel Violated Section 5 of the FTC Act,"
Antitrust Law Alert
(August 4, 2010).
Contacts: Robert A. Lipstein, Michael G. Van Arsdall, Robert B. McNary
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"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, Sean-Paul Brankin, Olivier N. Antoine
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"European Commission Adopts New Competition Rules For Distribution Of Goods And Services,"
Antitrust Law Alert
(April 26, 2010).
Contacts: Thomas De Meese, Robert A. Lipstein
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"FTC, DOJ Issue Revised Merger Guidelines,"
Antitrust Law Alert
(April 20, 2010).
Contacts: Robert A. Lipstein, Wm. Randolph Smith, Shawn R. Johnson
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"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
In the News
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Legal Fees Should Reflect 'Results Achieved
August 16, 2012 — Bloomberg Law (videocast)
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Lawyers React to Proposed New Merger Guidelines
April 20, 2010 — Competition Law360
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Steering Clear of Antitrust Pitfalls In IP Licensing
April 13, 2010 — Intellectual Property Law360
Firm News & Announcements