3050 K Street, NW
Washington, District Of Columbia 20007
a partner in the Washington, D.C., office, is a member of the Antitrust and Global Competition Group. He specializes in antitrust and consumer protection matters before the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice. His practice also includes counseling and litigation regarding mergers and acquisitions, joint ventures, product distribution and marketing, privacy, telemarketing and advertising issues.
Mr. Rasmussen was featured in a front page story in The Legal Times, as well as the book The Jury by Stephen J. Adler. He has also been quoted numerous times in the Wall Street Journal and The New York Times, as well as other national publications.
Prior to joining Orrick, Mr. Rasmussen was a partner for 22 years with Patton Boggs LLP in Washington, D.C. He was also a trial attorney with the FTC’s Bureau of Competition, and served as a Lt. J.A.G. in the U.S. Naval Reserve.
Representative litigation matters include the following:
Brooke Group Inc. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993) (represented plaintiff Liggett Group Inc. from the inception of the case through the Supreme Court, including a 115 day jury trial which awarded $150 million to Liggett).
MovieFone v. Ticketmaster (recovered $12.5 million on behalf of plaintiff in a monopolization case in the Southern District of N.Y. that was settled before trial).
MovieFone v. Pacer CATS, 268 A.D.2d 262 (2000) (recovered $22.8 million for MovieFone in a five-month arbitration proceeding, upheld by the N.Y. Court of Appeals).
Vivendi S.A. v. Deutsche Telekom (representing Vivendi in a dispute pending in the 9th Circuit with Deutsche Telekom regarding ownership of the Polish Telephone Company).
Marilyn Vann v. Cherokee Nation (represented Cherokee Nation before the D.C. Circuit in 2008 in a successful defense of the Nation’s sovereign immunity).
Copper Tubing Antitrust Litigation (W. D. Tenn. 2006) (represented Halcor S.A. in successful dismissal of complaint on reconsideration based on arguments grounded in Foreign Trade Antitrust Improvements Act and extraterritorial jurisdiction under the Sherman Act).
Allied Signal and Crane Co. v. B.F. Goodrich, 183 F.3d 568 (7th Cir. 1999) (represented Crane Co. in successful effort in federal court in Indiana to preliminarily enjoin B.F. Goodrich’s acquisition of Coltec in the landing gear industry).
Irvin Industries, Inc. v. Goodyear Aerospace Corporation, 974 F.2d 241 (2d Cir. 1992) (successfully resolved predatory pricing case in the Southern District of New York on behalf of plaintiff Irvin after defendants’ motion for summary judgment was reversed by the Second Circuit).
Turner Broadcasting Systems Inc. v. FCC, 819 F. Supp. 32 (D.D.C. 1993) (Represented Discovery Communications in Constitutional challenge to the Cable Act of 1992).
Commercial Explosives Antitrust Litigation, 945 F. Supp. 1489 (D.C. Utah 1996) (recovered $77 million for class represented by BHP Copper).
Aggregate Products Inc. v. Granite Construction Company, 1999-1 Trade Cases (CCH) ¶72,470 (S.D. Cal. 1999) (successfully obtained a settlement on behalf of the plaintiff in a predatory pricing case in federal court in San Diego, after a special master found below cost pricing).
Chemical Products Technologies v. Monsanto (South Carolina 2002) (representing plaintiffs in monopolization case involving herbicides).
Piccoli Inc. v. Calvin Klein Jeanswear Co., 19 F.Supp.2d 157 (S.D.N.Y. 1998) (favorably resolved a novel Lanham Act claim in a gray market case in the Southern District of New York on behalf of Piccoli, a Danish company).
United States v. First Hawaiian, Inc., et al., 1991-1 Trade Cases 69,457 (D. Hawaii 1991) (contested bank merger successfully resolved in federal court in Honolulu).
TransAmerican Refining Corp. et al. v. Crane Co. et al. (successful defense of a class action price-fixing case in federal court in Houston).
Representative counseling matters include the following:
Assisting major commercial products manufacturer with strategic planning and programs with respect to multiple product-distribution channels and partners, including compliance guidance on Sherman Act and Robinson-Patman-Act issues.
Assisting several major industrial chemicals joint ventures in Hart-Scott-Rodino Act process to gain clearance through Federal Trade Commission’s Second Request and investigation.
Assisting major news media chain in merger investigation before the Department of Justice and a subsequent divestiture of an asset requiring a modification to a consent decree.
Representing a hold-separate trust created by the antitrust division and a major telemarketing company in conjunction with a major wireless acquisition.
Assisting major consumer electronics manufacturer to design and implement privacy policies and procedures, and sales terms and conditions for consumers.
Assisting major online services provider in telemarketing and e-marketing efforts directed toward subscribers and potential subscribers and implementation of privacy safeguards.
Assisting consumer healthcare-products manufacturer with day-to-day compliance issues and government investigations covering the FTC’s Telemarketing Sales Rule, HIPAA, and various state consumer protection laws.
Assisting national merchant-card services provider with day-to-day compliance issues with their subscribers/members pursuant to the Fair Credit Reporting Act, Credit Repair Organizations Act and state telemarketing and consumer protection statutes.
|Areas of Practice||1) Antitrust & Competition, 2) Counseling & Compliance (Antitrust), 3) Trademark, 4) Copyright & False Advertising Litigation & Counseling, 5) International Trade Commission, 6) Mergers & Acquisitions, 7) Public Policy, 8) Privacy and 9) Data Security & Internet Safety|
|Law School||J.D., Harvard Law School, 1974|
|Education||B.A., summa cum laude, Dartmouth College, 1971|
|Bar Member / Association||State bar of District of Columbia|
|Most recent firm||Orrick, Herrington & Sutcliffe LLP|
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