Howard recently was the Chair of the American Bar Association’s Antitrust Law Section and is a former Chair of the firm’s Antitrust and Trade Regulation Department. He concentrates on antitrust litigation, civil and criminal antitrust investigations, antitrust aspects of mergers and acquisitions, antitrust compliance programs, and commercial litigation.
His practice also includes handling investigations conducted by federal and state antitrust enforcement agencies, advertising issues, and franchising and distribution matters. Howard has worked extensively on antitrust issues in many diverse industries, and has substantial experience in conducting antitrust audits and antitrust compliance training.
Howard served as the 2014-2015 Chair of the ABA’s Antitrust Section. Previously, he served as the Chair-Elect, Vice Chair, Finance Officer, Secretary and Communications Officer, Chair of the Program Committee, Co-Chair of Sherman Act Section 1 Committee, and Chair of the Health Care Committee of the ABA Antitrust Section. He is also a past editor of both the Section 1 Newsletter and the Antitrust Health Care Chronicle published by the ABA Antitrust Section, and past Chair of the Antitrust Section of the Virginia State Bar. In addition, he has made many speeches and written a number of articles on various antitrust issues.
Obtained a directed verdict at trial in July 2017 for a construction products manufacturer in a price discrimination case brought under the Robinson-Patman Act. This verdict was upheld on appeal in 2018 by the Third Circuit Court of Appeals.
Represented Wells Fargo in a class action antitrust case alleging a conspiracy relating to the migration to chip cards. We obtained total dismissal of the claims against Wells Fargo in 2016 through a motion to dismiss.
Representation of a paper manufacturer in more than 40 class action antitrust suits alleging price fixing that were consolidated into an MDL proceeding. Our client obtained a favorable settlement. Before the civil cases were filed, the firm represented the company in a grand jury price fixing investigation conducted by the U.S. Department of Justice. The federal investigation was closed without any enforcement action being taken.
Representation of a healthcare insurer in an action brought by the American Chiropractic Association, the Virginia Chiropractic Association and several chiropractors. The plaintiffs alleged a conspiracy in violation of the federal and state antitrust laws, attempted monopolization, a RICO violation, tortious interference, a common law conspiracy, breach of contract, and violation of state law. Our client obtained a total dismissal of all of the plaintiffs’ claims through a summary judgment motion, which subsequently was affirmed by the Fourth Circuit.
Representation of a manufacturer in a criminal grand jury investigation relating to potential price fixing and market allocation agreements.
Representation of numerous clients in Hart-Scott-Rodino merger investigations conducted by the FTC and the DOJ. Obtained approval of multiple transactions.
Representation of a healthcare insurer in two DOJ antitrust investigations relating to the insurer’s contracting practices. In both cases, we were effective in persuading the DOJ that the investigations should be closed and no enforcement action should be taken.
Conducted more than 30 antitrust audits for multiple clients in the U.S. and numerous foreign countries.
Selected for inclusion in The Best Lawyers in America, Antitrust Law, 2005-2023; Litigation - Antitrust, 2011-2023, Woodward/White, Inc.
Selected for inclusion in “Legal 500 United States,” Antitrust – Civil Litigation/Class Actions: Defense, 2020, 2021, 2022
Named to "Virginia Super Lawyers," Antitrust Litigation, Thomson Reuters, 2006-2022
Selected for inclusion in Who’s Who Legal: Top Competition Lawyers, Global Competition Review, 2019, 2021
Selected for inclusion as a "Leading Lawyer," Antitrust: Civil Litigation and Class Actions, Virginia, Legal 500 US, 2018-2020
Named "Lawyer of the Year," Antitrust Law, 2016-2019, Richmond, The Best Lawyers in America, Woodward/White, Inc.
Selected for inclusion in Who’s Who Legal: Thought Leaders-Competition, Global Competition Review, 2020
Selected for inclusion in International Who's Who of Competition Lawyers and Economists, Global Competition Review, 2013-2019
Selected for inclusion in International Who’s Who of Business Lawyers, Global Competition Review, 2013-2019
Named to "Washington, D.C. Super Lawyers," Antitrust Litigation, Thomson Reuters, 2013-2019
Selected for inclusion in Super Lawyers Corporate Counsel Edition, Corporate Litigation, Thomson Reuters, 2013-2019
Named an “Antitrust and M&A Trailblazer,” National Law Journal, September 2015
Member, Special Operations Team: Imagining Antitrust Law Section 2.0, American Bar Association, 2020-2021
American Bar Association Antitrust Law Section: Chair, 2014-2015; Chair-Elect, 2013-2014; Vice Chair, 2012-2013; Finance Officer, 2010-2012; Secretary and Communications Officer, 2009-2010; Past Council Member; Past Chair, Program Committee; Past Co-Chair, Sherman Act Section 1 Committee; Past Chair, Health Care Committee; Past Chair, Practice and Procedure Subcommittee of FTC Committee
Virginia State Bar: Chair, Antitrust Section, 1995-1996; Past Member, Board of Governors, Sections of Antitrust and Health Care
Boys and Girls Clubs of Richmond: Past President
Better Business Bureau of Central Virginia: Past Board Member and General Counsel
National Conference of Christians and Jews: Past President
Leadership Metro Richmond: Past Participant; Curriculum Committee
McGuireWoods Attorneys Recognized in 2022 Edition of The Best Lawyers in America
August 19, 2021
192 McGuireWoods Attorneys Recognized in 2021 Edition of The Best Lawyers in America
August 26, 2020
McGuireWoods Earns 32 Nationwide Practice Rankings in Legal 500 United States Guide
June 30, 2020
192 McGuireWoods Attorneys Recognized in 2020 Edition of The Best Lawyers in America
August 15, 2019