Michael Gaertner is the co-chair of Locke Lord's Business Litigation & Arbitration Practice Group.
Mr. Gaertner has appeared before state and federal trial and appellate courts throughout the United States and has arbitrated cases before the American Arbitration Association, National Association of Securities Dealers, New York Stock Exchange and International Chamber of Commerce. He has represented clients in investigations by the Federal Trade Commission, New York Stock Exchange and Securities and Exchange Commission.
Mr. Gaertner was recognized in Benchmark Litigation's 2010 Definitive Guide to America's Leading Litigation Firms & Attorneys. He is a frequent speaker and writer on antitrust and intellectual property issues.
Education
- J.D., College of William & Mary School of Law, 1989
Order of the Coif
Law Review, Executive Editor - B.S.B.A., John Carroll University, 1986
Academic Achievement Awards
Bar Admissions
- Illinois, 1989
- U.S. Supreme Court
Admitted To Practice
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois Trial Bar
- U.S. District Court for the Western District of Pennsylvania
Representative Experience
Representative examples of clients Mr. Gaertner has represented include:
- A title insurance company in 33 putative class actions filed across the United States, alleging that the nation's largest title insurance companies collectively set rates for title insurance in several states in violation of Section 1 of the Sherman Act (In re Title Insurance Antitrust Litigation).
- A global credit card network in antitrust litigation labeled by a legal writer as the “Antitrust Superbowl,” involving multiple class action suits brought by merchants asserting that fees for credit card transactions violate the antitrust laws. (In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, United States District Court for the Eastern District of New York).
- A generic drug manufacturer asserting claims against a brand company arising out of the brand company’s efforts to prevent market entry and to undermine the generic’s 180-day exclusivity period. (SmithKline Beecham v. Apotex, Inc., United States District Court for the Eastern District of Pennsylvania).
- A manufacturer of pharmaceutical compounds, its parent company and shareholder in an action brought by two pharmaceutical companies for alleged monopolization and conspiracy claims under the Sherman Act, Clayton Act and state law. The plaintiffs alleged that defendants entered into a conspiracy to deprive plaintiffs from access to a pharmaceutical compound in an effort to monopolize both the markets for that compound as well as for the finished product manufactured with the compound. (Geneva Pharmaceutical Technologies Corp. v. Barr Laboratories, United States District Court for the Southern District of New York).
- A drug manufacturer in multi-district litigation arising out of claims that manufacturers falsely inflated average wholesale prices to fraudulently overcharge state agencies. (In re Pharmaceutical Industry Average Wholesale Price Litigation, United States District Court for the District of Massachusetts).
- A group of insurance brokers in suit against the State of Illinois challenging a tax increase is impermissibly retroactive in violation of statutory and constitutional law. (Antonucci, et al. v. Illinois Department of Insurance, Circuit Court of Cook County, Illinois).
- A biotechnology company in a lawsuit with a competitor over allegations that the hiring of a senior executive resulted in disclosure of the competitor’s trade secrets. (Abbott Laboratories v. Amgen Inc., Circuit Court of Lake County, Illinois).
- A major research hospital in litigation over the ownership of patents to a cancer treatment. (Photogen, Inc. v. The General Hospital Corp., United States District Court for the Northern District of Illinois).
Publications & Presentations
Professional History
- Partner, Locke Lord LLP
- Member, Locke Lord Executive Committee
Professional Affiliations & Achievements
- American Bar Association
- Recognized, Benchmark Litigation (2010)
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