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Donald M. Barnes
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dbarnes@porterwright.com
p: 202-778-3056 f: 202-778-3063
1919 Pennsylvania Ave., NW
Suite 500
Washington, DC 20006-3434
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Mr. Barnes is a partner in the Washington D.C. office and the Chair of the Antitrust Competition Law Practice Group. His practice is concentrated in antitrust/trade regulation law, agricultural cooperative law, trade association representation, and complex antitrust and commercial litigation. He has defended numerous antitrust claims including major, multi-district litigation and class actions. Mr. Barnes has represented clients in the defense, entertainment, high technology, health care, and agricultural sectors, including agricultural cooperatives, defense contractors, physician groups, trade associations and companies in the software, construction, and soft drink industries. Due to the diversity of this client base, Mr. Barnes has developed subspecialties in criminal antitrust, health care antitrust, agricultural cooperative law, mergers and acquisitions, and administrative law.
Mr. Barnes serves as General Counsel for a major trade association in the entertainment industry. He has also represented trade associations in both commercial and antitrust litigation and has assisted them in standard-setting activities, anti-counterfeit and anti-gray market enforcement programs, the design of privacy policies, mergers and acquisitions, and trade show disputes.
Over the past three decades, Mr. Barnes has developed particular experience in agricultural cooperative law with special emphasis on the applicability and reach of the Capper-Volstead antitrust exemption. In addition to defending cooperative antitrust litigation, he routinely assists cooperatives in structuring innovative and antitrust-compliant business models to expand value-added marketing opportunities and increase member returns. In federal courts, Mr. Barnes has also challenged various rulemaking proceedings of the United States Department of Agriculture as arbitrary and capricious under the Administrative Procedure Act.
Representative Matters
Representative Cases:
In re: Processed Egg Products Antitrust Litigation, U.S. Dist. Ct. E. D. Pa. MDL No. 08-md-02002 (pending)
In re Mushroom Direct Purchaser Antitrust Litigation, U.S. Dist. Ct. E. D. Pa. MDL No. 06-md-0620 (pending)
In re Mushroom Direct Purchaser Antitrust Litigation, 621 F.Supp.2d 274, 2009-1 Trade Cases P 76,616, E.D.Pa., March 26, 2009 (NO. 06-0638, 06-0657, 06-0620, 06-0677, 06-0861, 06-0932, 06-1464, 06-1854)
Select Milk Producers, Inc. v. Johanns, 400 F.3d 939, 365 U.S.App.D.C. 183, C.A.D.C., March 18, 2005 (NO. 04-5145)
Northland Cranberries, Inc. v. Ocean Spray Cranberries, Inc., 382 F.Supp.2d 221, 2005-2 Trade Cases P 75,062, D.Mass., June 10, 2004 (NO. CIV.A. 03-10734-JLT)
Northwest Independent Producers Ass’n v. Veneman, 312 F.Supp.2d 23, D.D.C., April 06, 2004 (NO. CIV.A. 03-700 (RCL))
Milk Train, Inc. v. Veneman, 310 F.3d 747, 354 U.S.App.D.C. 25, C.A.D.C., November 15, 2002 (NO. 01-5310)
Minn-Dak Farmers Co-op. v. Espy, 851 F.Supp. 1423, D.N.D., April 21, 1994 (NO. CIV. A3-93-116)
Torrington Co. v. Yost, 139 F.R.D. 91, D.S.C., September 23, 1991 (NO. CIV. A. 8:91-1599-20)
Red Baron-Franklin Park, Inc. v. Taito Corp., 883 F.2d 275, 11 ITRD 1520, 58 USLW 2130, 1989 Copr.L.Dec. P 26,444, 1989 Copr.L.Dec. P 26,484, 11 U.S.P.Q.2d 1548, C.A.4 (Va.), July 18, 1989 (NO. 88-1368)
National Farmers’ Organization, Inc. v. Associated Milk Producers, Inc., 850 F.2d 1286, 57 USLW 2055, 1988-2 Trade Cases P 68,128, C.A.8 (Mo.), July 05, 1988 (NO. 87-1046, 87-1047)
Oberweis Dairy, Inc. v. Associated Milk Producers, Inc., 576 F.Supp. 1559, 1984-1 Trade Cases P 65,858, N.D.Ill., January 09, 1984 (NO. 72 C 1404)
Alexander v. National Farmers Organization, 687 F.2d 1173, 1982-2 Trade Cases P 64,914, C.A.8 (Mo.), August 31, 1982 (NO. 81-1236, 81-1237, 81-1235)
National Elec. Contractors Ass’n, Inc. v. National Constructors Ass’n, 678 F.2d 492, 110 L.R.R.M. (BNA) 2385, 94 Lab.Cas. P 13,543, 1982-2 Trade Cases P 64,738, C.A.4 (Md.), May 17, 1982 (NO. 80-1808, 80-1809)
In re Midwest Milk Monopolization Litigation, 510 F.Supp. 381, W.D.Mo., January 29, 1981 (NO. JPML 83, CIV. 19191-1)
Ware v. Associated Milk Producers, Inc., 614 F.2d 413, 1980-1 Trade Cases P 63,268, C.A.5 (Tex.), March 24, 1980 (NO. 78-2516)
Pure Milk Products Co-op. v. National Farmers Organization, 90 Wis.2d 781, 280 N.W.2d 691, Wis., June 29, 1979 (NO. 76-013)
Representative Grand Jury Investigations:
In Re: Wire Harness Grand Jury Investigation, (E.D. MI) DOJ File No. 60-336322-0002 (2010)
In Re: International Freight Forwarder’s Antitrust Grand Jury Investigation
In Re: Soft Drink Bottlers Antitrust Grand Jury Investigation
In Re: Electrical Contracting Price Fixing Grand Jury Investigation
In Re: School Milk Bid Rigging Antitrust Grand Jury Investigation
Practice Areas
Antitrust & Trade Regulation
Agriculture
Compliance programs/audits
Distribution, pricing & promotional allowance programs
Grand jury investigations/criminal proceedings
Intellectual property/Internet
Mergers, acquisitions & joint ventures
Trade association representation
Corporate & Securities
Antitrust
Government Contracts
Contractor/subcontractor relationships
Criminal investigations/DCAA audits
Debarment & suspension
Litigation
Antitrust and competition law
Class actions
Complex commercial
Corporate criminal defense and internal investigations
Health care litigation
Intellectual property
Mergers & Acquisitions
Professional Associations
American Bar Association, Antitrust, Litigation, Administrative Law and Criminal Justice Sections; White Collar and Intellectual Property Crime Subcommittees
The Bar Association of the District of Columbia
The District of Columbia Bar, Antitrust Section
National Council of Farmer Cooperatives, Legal Tax and Accounting Committee, Antitrust Subcommittee Cochair
The Barristers
The Counselors
Education
George Washington University Law School, J.D., cum laude, 1970, Order of the Coif; Notes Editor, v. 38, The George Washington University Law Review; Trustee Scholarship; Phi Delta Phi
The Pennsylvania State University, B.S., Industrial Engineering, 1965
Bar Admissions
District of Columbia
Supreme Court of the United States
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Fourth Circuit
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the District of Columbia Circuit
U.S. District Court for the District of Columbia
Presentations/Publications/CLE
Chapter Author, "Responding To Or Participating In A Civil Or Criminal Government Antitrust Investigation," featured in Inside the Minds: Working with Government Agencies in Antitrust Law, Aspatore Books, December 2008
Coauthor,"Dr. Miles: Will The Supreme Court Find A Cure?" The Antitrust Source, February 2007. The article is publicly available here
Author, "Forming Doctors' Groups: Avoid Antitrust Issues," Washington Business Journal, September 24-30, 1999
Coauthor, "The Capper-Volstead Act: Opportunity Today and Tomorrow," American Cooperation (National Council of Farmer Cooperatives), 1998
Contributing author and editor of Chapter 71, "Agriculture and Related Exemptions," Federal Antitrust Law Volume IX of Kintner and Bauer
Speaker, FBI Academy, Quantico, Virginia, "Undercover In-Service"
Honors & Awards
Certificate of Appreciation, Federal Bureau of Investigation
Community/Civic/Volunteer Work
Associated Catholic Charities of the Archdiocese of Washington, Board of Directors, past President
Georgetown University School of Nursing and Health Sciences, Parents' Council, Founding Member; past Cochairman
Academy of The Holy Cross, Kensington, MD, Advisory Board, Member; past Chairman
St. Elizabeth's Parish, Rockville, MD, Parish Council Member; past Chairman
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