Michael Scarborough

Michael W. Scarborough is a partner and Practice Group Leader of the Antitrust and Competition Practice Group in the firm’s San Francisco office. Mr. Scarborough specializes in complex litigation, with extensive experience handling international cartel investigations, class actions, high-stakes commercial disputes, consumer protection matters and litigation and investigations at the intersection of antitrust and intellectual property law.

He regularly defends U.S. and multinational businesses in all phases of class action and direct plaintiff litigation, as well as businesses and individuals in civil and criminal matters involving federal and state enforcement agencies. He has helped clients successfully manage – and avoid – disputes and investigations around the world.

Representative Matters:

• Representing Samsung Electronics in global patent and standards related antitrust governmental proceedings, and private antitrust actions involving major technology companies including Qualcomm and Apple.
• Representing telescope manufacturer against price-fixing, market allocation, monopolization and attempted monopolization claims. Optronic Technologies, Inc. v. Ningbo Sunny Electronic Co., Ltd., Case No. 16-6370 EJD (N.D. Cal.)
• Obtained complete dismissal of sham litigation, predatory pricing and state unfair competition counterclaims in patent infringement action concerning electric grid voltage optimization technology. RGA Varentec, Inc. v. GridCo, Inc., Case No. 16-217-RGA-MPT (D. Del.).
• Representing MasterCard International Incorporated in coordinated class actions and related settlement appeals concerning alleged payment card tying and network exclusionary practices. In re Credit/Debit Card Tying Cases, Cal. Jud. Council Coord. Proc. No. 4335.
• Represented international electronics companies in criminal and civil price-fixing actions concerning thin film transistor liquid crystal display products, including multi-billion dollar price-fixing claim brought by Motorola dismissed just before trial on FTAIA grounds. In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827.
• As national counsel, defended civil price-fixing and government enforcement actions regarding dynamic random access memory chip products. In re DRAM Antitrust Litig., MDL No. 1486.
• Participated in successful trial defense of The Hearst Corporation in private antitrust action challenging acquisition of the San Francisco Chronicle. See Reilly v. The Hearst Corporation, et al.(N.D. Cal. 2000) 107 F.Supp.2d 1192, 2000-2 Trade Cas. (CCH) ¶ 72,992.

Education:

• J.D., University of California, Berkeley, 1999
• B.A., University of Virginia, 1993, with distinction, Phi Beta Kappa

Admissions:

• California
• Ninth Circuit Court of Appeals
• United States District Courts for the Northern and Eastern Districts of California

Memberships:

• American Bar Association, Antitrust Section
• California Lawyers Association – Antitrust, UCL and Privacy Section
• Executive Committee, Antitrust and Business Regulation Section of the Bar Association of San Francisco