Kent M. Roger

Antitrust
Represents Uber Technologies, Inc. in multiple antitrust class actions regarding pricing practices.  Obtained dismissals of predatory pricing claims.

Energy
Represents an oil refiner in a class action asserting output suppression price fixing conspiracy on the West Coast.

Derivatives
Represents a German exchange in prosecution of civil antitrust claims based on conduct by the Chicago Board of Trade and Chicago Mercantile Exchange preventing the launch of a competing US options exchange. 

In re TFT-LCD and CRT Antitrust Litigations
Represented manufacturer of LCD flat panel displays and CRT displays in separate multidefendant nationwide price fixing class actions brought concurrently with worldwide governmental civil and criminal investigations.

Golden Gate Pharmacy v. Pfizer Inc. and Wyeth
Represented Pfizer in action by pharmacies to enjoin its $68 billion merger with Wyeth. Injunction denied and action dismissed. Affirmed on appeal.

In re Currency Conversion Antitrust Litigation
Represented HSBC in multidefendant, nationwide antitrust class action brought against Visa, MasterCard, Diners Club, Chase, Bank One, CitiBank, HSBC, Bank of America, MBNA, and Providian involving credit card issuer practices. A favorable nationwide settlement in this multidistrict consolidated litigation was approved.

Ross v. HSBC
Represented HSBC in nationwide multidefendant antitrust action alleging collusion in credit card issuers’ adoption of cardholder agreement arbitration clauses and class action bans.

Smith v. Royal Bank of Canada
Represented RBC Royal Bank of Canada in nationwide price fixing antitrust class action brought on behalf of merchant participants in the VISA program and against VISA, RBC, JPMorgan Chase Bank, and Canadian Imperial Bank, claiming price fixing in “chargeback” cardholder refund transactions. Persuaded plaintiffs to dismiss the complaint against RBC prior to filing a motion to dismiss.

Lloyd Design, Inc. v. Mercedes-Benz of North America, Inc.
Defended Mercedes-Benz in “tying” antitrust case brought by parts and accessories competitor after MBNA announced it would include floor mats as standard equipment. Prayer for damages and injunction to prevent rollout of announced 1996 models. Summary judgment for MBNA on eve of trial. Affirmed on appeal. 

Mozart v. Mercedes-Benz of North America, Inc.
Member of team defending Mercedes-Benz in action alleging antitrust violations in connection with sale of automobile replacement parts. Judgment for defendants after two-month jury trial. Affirmed on appeal.

In re Fertilizer Antitrust Cases
Member of team defending Union Oil Company of California in large antitrust action brought by several northwestern states and private parties alleging price fixing by producers of fertilizer products. Seven years after case filed, summary judgment for defendants after plaintiffs’ defective damage analysis stricken. Not appealed. 

Complex Commercial Litigation

Executive Life Insurance Company Insolvency
Represented consortium of employers (e.g., MAXXAM, Inc., The Pacific Lumber Company, Revlon, Inc., American National Can Company, Blue Cross of California) holding $1 billion of claims against the $10 billion insolvent Executive Life Insurance Company on employee retirement annuity policies issued by Executive Life. Satisfaction of virtually all clients’ claims. Court awarded reimbursement of clients’ attorneys’ fees and expenses of $4.4 million. Affirmed on multiple precedential appeals.

California Federal Bank v. Cities of San Francisco and Santa Monica
On federal preemption grounds, obtained summary judgment for Cal Fed and permanent injunction against cities’ enforcement of ordinances banning ATM use fees. Affirmed by Ninth Circuit.

Price v. Wells Fargo Bank, N.A., et al.
Defended Wells Fargo and former employee in lender liability action brought by Merced cattle ranchers. Payer for compensatory damages and $50 million in punitive damages. Summary judgment in favor of all defendants. Affirmed in landmark appeal.

Taldan v. Comerica Bank-Detroit
Defended Comerica in lender liability action involving claims of $20 million compensatory damages and unstated punitive damages. Defeated claim for breach of loan commitment to finance construction of $40 million mixed-use project. Summary judgment for Comerica on eve of trial. Affirmed by Ninth Circuit.

California Superintendent of Banks v. Evangelista, et al.
Action for breach of fiduciary duty and negligence against officers and directors of failed trust company. Claims included misappropriation of corporate assets and breach of trust duties owed to investors in failure of second largest student loan originator in the United States. After 12-week trial, judgment for Superintendent on all claims for $7.8 million. Defendants’ appeal dismissed.