William Markham is a graduate of Harvard Law School who has practiced law since 1988 after passing the California Bar Examination on his first attempt. After gaining broad, general experience in a full range of cases, he has narrowed his practice to certain kinds of complex litigation: Antitrust matters, trademark infringement matters, patent misuse matters, and certain other kinds of complex business litigation and complex real estate litigation.
Mr. Markham has obtained substantial verdicts in both jury and bench trials, doing so by developing a compelling characterization of the case at hand and organizing the evidence to show that the characterization is accurate, makes sense, best explains what really happened, and therefore entitles his client to the requested relief (damages or other relief for plaintiffs, or an exculpation for defendants).
In particular, Mr. Markham has worked on antitrust matters since 1988 ever since working as as an associate attorney at Coudert Brothers (now dissolved), a firm that had offices around the world and represented sovereign governments, Fortune 100 and Fortune 500 companies, universities, start-ups, large private companies, and others.
In his own practice, Mr. Markham has recently served as the U.S. antitrust advisor to the world's largest manufacturer of LED panels, and he served as the lead attorney for Orchard Supply Hardware, LLC in its antitrust litigation against Home Depot and the two major suppliers of professional power tools as well as the lead attorney for the largest privately held precast concrete company in North America in a four-year antitrust litigation that it brought against AT&T and a subsidiary of the world's largest construction materials firm (three years of litigation in trial court, followed by an appeal before the Ninth Circuit).
Mr. Markham has obtained successful outcomes in exceedingly complex, problematic antitrust litigations and has also coordinated antitrust amnesty arrangements with the Antitrust Division of the U.S. Department of Justice. In his antitrust work, he has represented businesses in the following lines of commerce: Telecommunications infrastructure; other kinds of utilities infrastructure; consumer electronics; petroleum and petrochemicals; medical supplies; medical services; marine infrastructure; clothing (retail price maintenance matters); hardware supplies; computer software; computer hardware; automobile dealerships; various kinds of franchises; and various other lines of commerce.
Mr. Markham has significant experience litigating the following kinds of antitrust claims: Rule-of-reason offenses, including private standard-setting matters; horizontal price-fixing; market allocation schemes; bid-rigging; group boycotts; tie-in arrangements; monopolization offenses; price-discrimination under the Robinson-Patman Act; merger and acquisition matters under the Clayton Act and Hart-Scott-Rodino Act; claims made under California's Cartwright Act, Unfair Practices Act, and Unfair Competition Law; DOJ-Antitrust criminal prosecutions and FTC regulatory matters; and ongoing, preventative consultation on a broad range of antitrust matters.
Mr. Markham has also significant experience litigating trademark infringment cases and served as the lead attorney for Dan-Dee Company, Inc. in the high-profile 5-Hour Energy counterfeiting case.
Mr. Markham has also served as the lead attorney in high-profile condemnation cases by which government agencies have taken substantial commercial properties, and he was the lead attorney in the Pacific Avenue property case, which received prominent national attention several years ago because it arose under the surprising Kelo doctrine, which allows government entities to take property from one private owner and transfer it to a new private owner on the ground that the new owner will devote it to a use that better serves the public interest.
In addition, Mr. Markham is completely fluent in French and reasonably fluent in Spanish.
He is also the author of a well-received series of articles on various topics of the law, which appear at http://www.markhamlawfirm.com/law-articles/. He has also served as an MCLE lecturer on antitrust law and on the foreclosure laws of California, and for a time he served on the Lawyer Referral Committee of the San Diego Bar Association, where he helped to write the new standards for admitting attorneys to various lawyer referral panels. He has also served as a mock judge in the annual University of San Diego mock trial competition. In addition, he has served as an adjunct professor of law at Hastings Law School and Lincoln Law School.
Mr. Markham has often appeared in various national news media, including The NY Times, CNN, the San Diego affiliates of NBC and Univision, The Los Angeles Times, Entrepreneur Magazine, and other well-recognized, popular news media.
Above all, Mr. Markham and his team make an enormous effort to master their cases and present them at trial with skill and care. You can read more about him and his firm at www.markhamlawfirm.com
Admitted 1988, California
Professional Webpage: http://www.markhamlawfirm.com/attorneys/william-markham/
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