Eric Shapland is a civil litigator experienced in antitrust and class-action litigation. His antitrust cases have included a wide variety of alleged conduct, including price fixing and output restrictions, refusals to deal, technological tying, bundled rebates, raising rivals costs, unlawful "MFN" clauses, and group boycotts. He has helped oppose class certification in several direct and indirect purchaser antitrust actions, consumer product liability actions, and tax recovery actions.
Eric counsels clients on compliance with state and federal antitrust sales regulations, work which often relates to minimum advertised price (MAP) or manufacturer suggested resale price (MSRP) programs. He assists government affairs groups in analyzing, writing, and lobbying on state and federal sales regulations. He also advises on legal ethics issues.
Experience
- Mallinckrodt plc in the successful defense at trial, as a second chair, against antitrust and RICO claims that would have prevented the client from confirming a plan of reorganization in bankruptcy. In re: Mallinckrodt PLC, 638 B.R. 57 (Bankr. D. Del. 2021).
- Philip Morris USA, Inc. in the successful defense against antitrust and constitutional challenges to the 1998 Master Settlement Agreement between numerous tobacco-product manufacturers and 46 states over tobacco-related healthcare costs. E.g., Vibo Corp. v. Conway, 669 F.3d 675 (6th Cir. 2012); Sanders v. Brown, No. 05-15676 (9th Cir. Sept. 26, 2007).
- Federal Housing Finance Agency, as Fannie Mae's and Freddie Mac's Conservator, by opposing certification of several proposed nationwide classes of local governments seeking real estate transfer taxes.
- Manufacturer of water valves and connectors in class action litigation.
- Philip Morris USA, Inc. in its successful defense of state and federal antitrust class actions for alleged price-fixing.
- Multichannel service provider in Dormant Commerce Clause and legal challenges to discriminatory state and local taxes.
- Construction contractor in opposing certification of a class of competitors alleging that contractor's agreements with suppliers violated the federal antitrust laws.
- Vehicle parts maker in a case involving allegations that its customer rebate program unlawfully bundled rebates.
- Microsoft Corporation in its defense against claims brought by Sun Microsystems, Inc. as follow-on litigation to the U.S. Department of Justice's antitrust action against Microsoft. In re Microsoft Corp. Antitrust Litigation (MDL No. 1332).
- Veterans in a lawsuit against the U.S. Department of Veteran Affairs, which settled the case under an agreement to house veterans who are homeless on its large campus in West Los Angeles. Valentini v. Shinseki, No. CV 11–04846 (C.D. Cal. Aug. 29, 2013).
- California Common Cause in the successful support of California's effort to enforce campaign contribution disclosure requirements against Indian tribes, an effort that led to the first and only state supreme court decision holding a tribe subject to suit absent tribal or Congressional consent. Agua Caliente Band of Cahuilla Indians v. Superior Court, No. S123832 (Cal. Sup. Ct. Dec. 21, 2006).
Credentials
Education
- J.D., University of California, Los Angeles, School of Law, 1997
- B.A., History, University of California, Davis, 1993
Admissions
- California
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
Activities
- Executive Committee Member and Treasurer, Former Chair, Antitrust and Unfair Business Practices Section, Los Angeles County Bar Association
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Member, American Bar Association (Litigation and Antitrust Sections)
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Member, Bar Association of Los Angeles County (Antitrust Section)
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Member, State Bar of California