Brian R. Meiners

Counsel Antitrust

Washington, D.C.: +1 202 626 2910 [email protected]

Brian Meiners focuses his practice on government antitrust investigations that include criminal and civil matters, merger investigations, and civil litigation. A counsel in our Antitrust practice, Brian represents clients in some of their most complex matters, including global investigations and transactions requiring regulatory approval in multiple jurisdictions. In addition, Brian routinely counsels clients on strategic antitrust issues arising from competitor collaborations, marketing, pricing, distribution practices, and trade association participation.

Brian was named a “Future Leader” in antitrust law by Global Review in the 2021, 2020, and 2019 publications of – Future Leaders.

Brian also serves in a leadership position in the ABA Antitrust Section as Vice Chair of the State Enforcement Committee.

Brian appears regularly before the U.S. Department of Justice Antitrust Division and the , and he coordinates with foreign counsel in dealing with competition authorities in jurisdictions around the globe.

He is a member of the Cartel & Criminal Practice Committee, State Enforcement Committee, and the Mergers & Acquisitions Committee of the American Bar Association, Section of Antitrust Law.

Recent Presentations and Publications

Panelist, “Criminal Antitrust Update: DOJ Announces New Policy Regarding Corporate Compliance Programs,” ABA Section of Antitrust Law, Cartel and Criminal Practice Committee (July 2019)

Co-author and editor of the Criminal Enforcement chapter of ABA Section of Antitrust Law, Antitrust Law Developments (8th ed.) (April 2017)

Co-author and editor of the Criminal Enforcement chapter of ABA Section of Antitrust Law, 2015 Annual Review of Antitrust Law Developments (March 2016)

Panelist, “Criminal Antitrust Update,” ABA Section of Antitrust Law, Cartel and Criminal Practice Committee (November 2014)

“McWane Dismissal May Impact Future FTC Cases,” Competition Law360 (February 2014)

1 www.kslaw.com 1 “Antitrust Bid-Rigging at Natural Gas Auctions,” Competition Law360 (April 2012)

“Key Takeaways From US v. AU Optronics,” Competition Law360 (March 2012)

Panelist, “Dawn Raids, Criminalization of and Beyond: Are You Ready?” King & Spalding and SAI Law & Economics Client Forum (Mexico City, Mexico, November 2011)

Memberships

Cartel & Criminal Practice Committee, Antitrust Section, American Bar Association

State Enforcement Committee, Antitrust Section, American Bar Association

Mergers & Acquisitions Committee, Antitrust Section, American Bar Association

American Health Lawyers Association

Matters

Cartel Investigations and Criminal Litigation Experience:

Representing a senior executive of an international capacitors manufacturer as lead counsel in connection with a multi-jurisdictional cartel investigation and related civil proceedings.

Representing senior executives of multiple international auto parts manufacturers in connection with a multi-jurisdictional cartel investigation in that industry.

Represented the chief executive officer of an international TFT-LCD manufacturer in connection with a multi-jurisdictional cartel investigation and related civil proceedings.

Represented a senior sales and marketing executive of an international freight consolidator in connection with a multi-jurisdictional cartel investigation and Foreign Corrupt Practices Act investigation.

Civil Antitrust Litigation:

Obtained dismissal for a leading national pharmaceutical company in multi-district class action antitrust litigation in In re Generic Pharmaceuticals Pricing Antitrust Litigation.

Obtained dismissal in class action antitrust litigation for the United States Postal Service in TOG, Inc. v. United States Postal Service.

Obtained dismissal for RLI Insurance Company in multi-district class action antitrust litigation in In re Insurance Brokers Antitrust Litigation.

Successfully defended Trelleborg AB in an international arbitration involving antitrust and fraud claims arising from a stock purchase agreement.

Energy:

Represented Transocean Ltd. in connection with its $2.7 billion acquisition of Ocean Rig UDW, Inc. in the offshore oil and gas drilling sector and successfully obtained antitrust clearances in several jurisdictions around the world.

Successfully defended Mirant Corporation in a DOJ Second Request investigation of its merger with

2 www.kslaw.com 2 RRI Energy, creating one of the largest independent power producers in the United States.

Successfully defended Varel International Energy Services, Inc. in an investigation by the DOJ Antitrust Division and several foreign competition agencies in connection with its acquisition by Sandvik AB.

Successfully defended Weatherford International Ltd. in an investigation by the DOJ Antitrust Division and several foreign competition agencies in connection with the acquisition of its pipeline and specialty services business by Baker Hughes Incorporated.

Successfully defended Edison Chouest Offshore in a DOJ Antitrust Division investigation of its acquisition of Bollinger Shipyards, Inc. in the petroleum offshore services industry.

Represented a global energy and petroleum company in an international arbitration involving antitrust and breach of contract claims related to LNG production and distribution.

Represented Haddington Ventures, L.L.C. in the acquisition of its gas storage assets.

Healthcare/Life Sciences:

Successfully defended Piedmont Healthcare, Inc. in a FTC merger investigation of Piedmont’s acquisition of a rival hospital system.

Defended a physician member network in a FTC price-fixing investigation.

Defended a major pharmaceutical company in a jury trial in United States District Court for the District of Columbia involving antitrust claims arising from exclusive pharmaceutical supply agreements.

Represented a leading global branded pharmaceutical company in a DOJ criminal antitrust investigation of a proposed patent settlement with a generic drug company and the use of authorized generics.

Antitrust Counseling:

Advises clients on antitrust issues arising from everyday business practices, including compliance and audits, competitor collaborations, exclusivity and foreclosure, resale price maintenance, refusals to deal, and /bundling issues.

Obtained HSR clearances for hundreds of transactions.

Pro Bono Litigation Service:

Served as co-lead counsel in a federal habeas death penalty proceeding challenging a pro bono client's Virginia capital murder conviction . The proceeding culminated in a multi-day evidentiary hearing in federal district court and received national media coverage due to allegations involving extensive drug dealing by Northern Virginia youths, an alleged murder plot, and the Commonwealth's most experienced prosecutors seeking the death penalty. After federal appellate and district court habeas proceedings, the federal district court issued an opinion vacating our client’s conviction and death sentence, finding violations of fundamental constitutional obligations.

Credentials EDUCATION 3 www.kslaw.com 3 J.D., St. Louis University, cum laude B.B.A., Texas Christian University

ADMISSIONS U.S. Court of Appeals for the Fourth Circuit U.S. Court of Appeals for the D.C. Circuit U.S. District Court for the District of Colorado U.S. District Court for the District of Columbia District of Columbia Missouri

Insights CLIENT ALERT July 13, 2021 Executive Order Restrains Use of No-Poach & Non-Compete Clauses

July 9, 2021 White House Issues Executive Order on Promoting Competition in the American Economy

January 11, 2021 Second Criminal No-Poach Case Brought by DOJ

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Events SPEAKING ENGAGEMENT July 31, 2019 Norm Armstrong, James Griffin, Brian Meiners, Mary Longenbaker to Speak at ABA Antitrust Section Program About New DOJ Policy

News CASES & DEALS August 24, 2021 Arbor Pharmaceuticals to Merge with Azurity Pharmaceuticals

August 10, 2021 Equifax to Acquire Appriss Insights for $1.825 billion

July 27, 2021 Shell to buy Inspire Energy Capital, expanding renewable power business in the United States

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4 www.kslaw.com 4