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Alan Kusinitz is a Senior Counsel in the Litigation Department and a member of the Antitrust Group, resident in the New York office. His practice focuses on complex litigation, including antitrust, trade regulation and intellectual property litigation; representation of clients before the Department of Justice and the Federal Trade Commission; as well as counseling on government investigations, mergers and acquisitions, joint ventures and strategic alliances and unfair competition issues.

Prior to joining Proskauer, Alan was a member of the Antitrust/Competition practice at Weil, Gotshal & Manges LLP. He previously served as an assistant attorney general to the Antitrust Bureau and Litigation Bureau in the New York State Attorney General’s Office providing trial, industry, IP and economic advice. Alan also spent more than 10 years at Kelley Drye & Warren LLP, where he was responsible for securities and antitrust transactional advice and commercial litigation, including securities, criminal and civil antitrust, intellectual property, product liability, insurance, civil rights, class action, tort and bankruptcy litigations.

Antitrust representations handled by Alan include:

  • In re: Electronic Books Antitrust Litigation (Representation of Simon & Schuster in several ongoing interrelated governmental and private class action investigations and law suits).
  • Addamax Corporation in an action alleging violations of Section 1 of the Sherman Act by several leading computer manufacturers in the formation and use of the Open Software Foundation Inc.
  • Sanofi in securing antitrust clearance in its $20.1B acquisition of Genzyme.
  • Sanofi in securing antitrust clearance in its $1.9B acquisition of Chattern Inc.
  • Citadel Broadcasting Corporation in securing antitrust clearance in its acquisition by Cumulus Media, Inc.
  • CBS in securing antitrust clearance for its $6.5B purchase of Outdoor Systems Inc. Obtained antitrust clearance after negotiating a favorable settlement with DOJ.
  • Simmons Company, a portfolio company of THL Partners, in securing antitrust clearance for its $758M sale to Ares Management and Ontario Teachers’ Pension Plan.
  • M-Systems in securing antitrust clearance in its acquisition by SanDisk Ltd.
  • Hughes Electronics Corporation in securing antitrust clearance in its sale of Hughes Satellite Manufacturing Company to The Boeing Company.