Apr. 21, 2016
Heather S. Tewksbury
See more on Heather S. TewksburyWilmer Cutler Pickering Hale and Dorr LLP | Palo Alto
Two years after leaving the U.S. Department of Justice Antitrust Division, Tewskbury has established WilmerHale's west coast cartel practice with some bold opening moves.
After a Reuters investigation published emails between client Chesapeake Energy Corp. and a major rival seemingly conspiring to suppress public land prices at auction, Tewksbury took the lead early in 2014 to dismantle the Michigan attorney general's major bid rigging claims. People of the State of Michigan v. Chesapeake Energy Corp, 14-0359 (Cheboygan County Dist. Ct., filed Mar. 5, 2014)
"In my opening I said that when I was with the DOJ, if I had been given these documents I would absolutely jump at them and get excited, but that there was an obligation to delve deeper than simple hyperbole and poor choice of words in emails," Tewksbury said. "I know where to push, and ultimately the evidence showed no agreement among the players was reached, and that was the breaking point."
Converting a preliminary hearing into a weeklong mini-trial of the experts, the former prosecutor cross-examined 13 government witnesses, and ultimately convinced the judge to dismiss two out of three charges.
Tewksbury credits her experience straddling the worlds of antitrust, white collar crime, and trial litigation with helping her advise clients on their options, from avoiding charges to fighting claims at trial.
She currently represents Elna Co. Ltd., one of roughly 25 corporations accused of fixing the prices of several types of electrical capacitors sold in the U.S. for more than a decade. In Re Capacitors Antitrust Litigation, 3:14cv3264 (N.D. Cal, filed July 18, 2014)
"This is the first major cartel investigation my former office has brought since I left, and I think seeing me publicly on the other side vigorously defending the civil case while dealing with a grand jury investigation at the same time will give them pause."
- America Hernandez
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