SAN FRANCISCO - Although Cortlin H. Lannin is a litigator experienced in defending businesses in high-stakes, complex antitrust matters, over the last several years, he has come to focus more on representing high-tech companies in confidential governmental investigations prior to any lawsuits being filed.
"I have a lot of experience representing ... the most major of major technology companies that are under antitrust scrutiny," he said. Some of these matters "are on the bleeding edge of antitrust law" as regulators and prosecutors adopt new theories of liability and "try to push really old laws in a new direction."
A year ago, Lannin led a team representing a major tech company under investigation by both the federal government and about a dozen states. Right now, he is representing another tech company in a separate antitrust investigation by the California attorney general's office.
Those kinds of matters often require a year or more of discussions with the investigating agency. Lannin said it is important that he be thoughtful about how antitrust law is changing and how regulators may try to apply it. The discovery he provides during the investigations and how he prepares potential witnesses "all have to be informed by strategic thinking about ... new and unproven theories of harm."
"That's part of what makes what I've done the last few years fun," he said. "No one knows if [these theories are] viable."
"In the meantime, ... you have to follow those trends, you have to know what [regulators are] thinking and saying so you can adapt accordingly."
In other work, he is representing Expedia and another company that have been required to produce voluminous discovery as third parties in a high-profile antitrust case. Lannin said he has to negotiate frequently with the parties in the litigation. He also keeps a close eye on "what is happening in discovery and how the judge is reacting to disputes," just in case.
He also represents Japanese manufacturer Alps Alpine Co. in the massive price-fixing multidistrict litigation against numerous auto parts suppliers. He recently reached favorable settlements with three plaintiff classes. Automotive Parts Antitrust Litigation, 2:12-md-02311 (E.D. Mich., filed Feb. 7, 2012).
In addition, Lannin is a co-chair of Covington's LGBT+ affinity group and active in the firm's efforts to recruit, mentor, and promote diverse attorneys.
He also is one of the leaders of a team representing about two dozen medical and mental health organizations to submit amicus briefs opposing state laws that ban medical care for transgender youth. The briefs "explain why the care is so critical and how banning it makes no sense at all," he said.
"It's important work ... to me personally & professionally."
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