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Alan Kusinitz is a senior counsel in the Litigation Department and a member of the Antitrust Group. 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:

  • Datalogic IPTECH, s.r.l., in the $600M acquisition of Intermec by Honeywell, both manufacturers of 2D scan engines, resulting in a consent order requiring Honeywell and Intermec to license their 2D scan engine patents to Datalogic, as well as a worldwide covenant not to sue for 12 years
  • Continuum Health Partners before the FTC in its merger with Mt. Sinai Medical Center, creating the largest health care system in New York City, and one of the largest not-for-profit health systems in the country

  • Bowlmor AMF, the largest operator of bowling centers in the world, in its acquisition of Brunswick Corporation’s bowling center business, including 85 centers in the U.S. and Canada, for $270 million

  • Grifols, S.A., in its $1.7 billion agreement to acquire the transfusion diagnostics unit of Novartis Vaccines & Diagnostics, Inc. 

  • Tyman Plc, a London-based building product supplier, before the Federal Trade Commission in its $200 million acquisition of Truth Hardware Corp. of Minnesota, from its parent company Melrose Industries PLC, a London investment firm

  • 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, through Chattem, its U.S. Consumer Healthcare Division, in securing antitrust clearance in the acquisition of the worldwide rights to the Rolaids brand from McNeil Consumer Healthcare 

  • Hexpol A.B., the world's largest rubber compounder, in securing antitrust clearance for its $89.2 million acquisition of Robbins Holdings Inc., one of its biggest rivals 

  • Fifth Street Finance Corp in securing antitrust clearance for its acquisition Healthcare Finance Group, LLC, a specialty lender providing asset-based lending and term loan products to the healthcare industry

  • 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