Robert K. Magovern’s practice focuses on counseling U.S. and foreign companies and trade associations on a variety of domestic and international antitrust and trade regulation issues. Robert regularly represents clients before federal agencies in Washington, D.C., as well as foreign governments and international organizations.
Robert advises clients on a wide range of antitrust and competition policy matters, with an emphasis on companies involved in joint ventures, teaming arrangements, and other cooperative activities.
His counseling work includes providing advice to enterprises in multiple industries on issues relating to competitor communications, information sharing agreements, benchmarking activities, competitive pricing and distribution, bid rigging, refusals to deal, trade association compliance, and U.S. and international pre-merger clearance.
Robert has developed corporate and association antitrust compliance programs, and has represented businesses involved in civil and criminal government antitrust investigations. Robert has particular experience dealing with the unique intersection of the antitrust laws and global shipping regulations.
In particular, he currently represents ocean common carriers, marine terminals, and their cooperative arrangements, including vessel sharing alliances, commercial discussion agreements, maritime labor agreements, and numerous other joint ventures before the Federal Maritime Commission and the Department of Justice.
In this capacity, Robert has served as maritime and antitrust counsel on several cross-border transactions, handling pre-merger filings, competitive analyses, and confidentiality and non-disclosure agreements.
Robert has successfully represented clients before the Committee on Foreign Investment in the United States (CFIUS), a multi-agency group with the statutory authority to review and block proposed US investments by non-US sources.
Post transaction, he advises clients with regard to ongoing competitive communications, evaluating new initiatives from an antitrust and shipping regulatory perspective, and designing antitrust compliance policies and practices.
For several years, Robert has worked closely and successfully with maritime clients and local trade organizations to educate foreign governments about how major trading nations structure global antitrust and competition laws for the maritime industry to promote competition, operational efficiency, and international consistency.
He has also assisted clients with security issues, including mitigation of foreign ownership, control or influence (FOCI), and compliance with industrial security rules administered by the Defense Security Service. He also has experience in matters involving the Foreign Corrupt Practices Act and U.S. economic sanctions regulations.
As part of his regulatory compliance practice, Robert also serves as counsel to Cozen O’Connor Public Strategies and its clients. In this capacity, he advises commercial and political entities on federal regulatory, administrative, and public procurement issues.
He counsels companies on government and private contracting issues, including formation, interpretation, and disputes. He has represented clients in pursuing and defending bid protests, resolving disputes between prime contractors and subcontractors, and assisting clients with government contracts compliance work.
He also has extensive experience in all phases of federal administrative practice, and has litigated multiple cases in federal court involving agency regulations and rulemakings under the Administrative Procedure Act. Robert earned his undergraduate degree from Boston University in 2001 and his law degree from The Catholic University of America, Columbus School of Law in 2004.
- Represented a marine terminal operator in an action against the Port of Oakland in the U.S. Court of Appeals for the District of Columbia Circuit, whose decision against the immunity of the Port of Oakland permits marine terminal operators to pursue civil complaints at the Federal Maritime Commission.
- Represented a client in the security services business in connection with a protest before the Army and Air Force Exchange Service involving errors made in the successful bidder’s pricing proposals that resulted in termination of the award and re-bidding of the contract.
- Represented an international ocean carrier in connection with contract claims made by the U.S. Government pertaining to the transportation of military cargo from the United States to Afghanistan. Assisted the client in reaching a favorable settlement of claims, including claims made under the False Claims Act.
- Advised numerous small, minority-owned and women-owned businesses about programs offered by the U.S. Small Business Administration, including successfully obtaining small business certifications.
- The Catholic University of America, Columbus School of Law, J.D., 2004
- Boston University, B.S., 2001
BAR ADMISSIONS : District of Columbia; Massachusetts; New York
COURT ADMISSIONS :
- District of Columbia Court of Appeals
- New York Court of Appeals
- Supreme Judicial Court of Massachusetts
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court — District of Columbia
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