Practice Focus

Matthew Shultz practices in the areas of trade regulation, both antitrust and consumer protection, administrative law, and litigation.  His trade regulation practice focuses on counseling clients in government reviews of mergers and acquisitions, counseling clients on consumer protection and advertising issues, including green marketing claims, assisting clients with government consumer protection investigations, and civil and criminal antitrust litigation and government investigations.

He is also a contributor to the blog on consumer marketing legal issues, www.consumeradvertisinglawblog.com.

Representative Matters

Antitrust

• Talecris Biotherapeutics, a manufacturer of plasma-derived therapies, in the proposed acquisition of Talecris by CSL. Counseled Talecris in its response to a second request from the Federal Trade Commission (FTC) and in the FTC’s investigation of the transaction.
• A supplier of kayaks and accessories in the FTC’s investigation of its acquisition of a competing manufacturer. After an initial phase, the FTC’s investigation was concluded with no action taken.
• A large agricultural products company in defending numerous price-fixing and Racketeer Influenced and Corrupt Organizations Act (RICO) class action lawsuits brought on behalf of purported statewide and nationwide classes.
• Counseling clients with respect to Hart Scott Rodino Act compliance and merger clearance.
• Assisting clients in criminal cartel investigations.

Consumer Protection

• A leading high-tech company with respect to FTC and state consumer protection investigations of two of its subsidiaries’ on-line marketing practices.
• A high-profile client in non-public FTC and state consumer protections investigations of its on-line commercial practices.
• Counseling clients on various advertising and marketing issues, including green marketing claims and Made in USA claims.

Administrative Law and Litigation

• Biotechnology Industry Organization and Monsanto Company as amici in a successful Administrative Procedure Act challenge to Patent and Trademark Office rules.
• Southern Nuclear Operating Company in a major breach of contract action in the US Court of Federal Claims against the United States in which the Court awarded US$80 million in damages to the client based on the US government's failure to accept delivery of spent nuclear fuel in a timely manner.