Antitrust M&A Review and Conduct Investigations

Mr. McCalmon guides buyers and sellers through competition issues in all stages of the deal, from initial risk analysis and HSR filings to the successful conclusion of the transaction through investigation closure, settlement or litigation.  His representations have included merger and antitrust investigations of clients in a wide range of industries, including waste services, paperboard and paper products, oil and gas, health care providers, medical devices, periodicals distribution, airlines, funeral services and telecommunications.  He recently led Waste Management, Inc. in the successful resolution of an investigation by the DOJ and multiple states into WM’s $4.5 billion merger with Advanced Disposal Services, resolving the DOJ’s alleged competitive concerns across multiple services in over 50 geographic markets in the United States.

Antitrust Litigation and Counseling

Mr. McCalmon represents companies and individuals in claims brought by regulators, competitors and customers under the Sherman Act, FTC Act and other statutes.  His clients depend on his ability to identify and implement strategies that free them from burdensome litigation in the most cost-effective manner.  He also counsels clients on antitrust considerations for all manner of business arrangements, including joint ventures, subcontracting, teaming arrangements, and pricing and distribution programs.

Consumer Protection, Privacy and FDA Counsel

Mr. McCalmon represents clients in compliance efforts and litigation under multiple federal and state consumer protection statutes.  He structures marketing, advertising and social media programs to comply with the requirements of the FTC

Act, and various states’ consumer protection laws, and defends companies accused of deceptive trade practices and privacy violations.  For example,          Mr. McCalmon helped lead the defense of a financial industry member in one of the first investigations ever conducted by the Consumer Financial Protection Bureau (conducted jointly with FTC’s Bureau of Consumer Protection), successfully convinced the FTC to drop a nonpublic investigation into the consumer data-gathering practices of an Internet B2B services provider and was co-counsel on a team that convinced FTC to drop its nonpublic investigation into algorithms used by a leading Internet valuation company.

Mr. McCalmon also counsels individuals and companies on warranty issues arising under the Magnuson-Moss Warranty Act and has overseen the worldwide drafting of consumer warranties for multinational products manufacturers. In addition, Mr. McCalmon guides product and food manufacturers through the labyrinth of labeling requirements governed by FTC and FDA regulations and labeling statutes and counsels importers on compliance with the “Made in USA” guidelines under the FTC Act.