Michael W. Scarborough

Michael Scarborough is a partner in the Antitrust and Trade Regulation Practice Group in the firm's San Francisco office.

Areas of Practice

Mr. Scarborough specializes in complex business litigation, with particular expertise in antitrust, unfair competition and consumer protection matters.  He regularly defends businesses in putative nationwide and California class actions, as well as in civil and criminal matters involving federal and state enforcement agencies.  Currently, Mr. Scarborough is U.S. national counsel defending major international electronics companies in four different civil multi-district litigation (MDL) matters.

Mr. Scarborough also has substantial experience defending employers in a wide variety of employment disputes, including class action wage and hour and disparate treatment matters.

Education

• J.D., University of California, Berkeley, 1999
• B.A., University of Virginia, 1993, with distinction, phi beta kappa

Admissions

• California
• Ninth Circuit Court of Appeals
• United States District Courts for the Northern and Eastern Districts of California

Representative Engagements

National counsel defending industry-leading international electronics companies in criminal and civil price-fixing actions regarding thin film transistor liquid crystal display products; In re TFT-LCD (Flat Panel) Antitrust Litig., MDL No. 1827 (2006-present).

National counsel defending industry-leading international electronics companies in criminal and civil price-fixing actions regarding cathode ray tube products; In re Cathode Ray Tube (CRT) Antitrust Litig., MDL No. 1917 (2007-present).

Successfully defended MediaNews Group and California Newspapers Partnership against private antitrust challenge to acquisition of Contra Costa Times and San Jose Mercury News (2006-2007).

On behalf of MasterCard International Incorporated, secured dismissal of putative class action regarding data security breach under California consumer privacy laws (2005-2009).

National counsel defending civil price-fixing class actions regarding static random access memory chips; In re SRAM Antitrust Litig., MDL No. 1819 (2006-present).

National counsel defending civil price-fixing and government enforcement actions regarding dynamic random access memory chips; In re DRAM Antitrust Litig., MDL No. 1486 (2002-present).

Represented MasterCard International Incorporated in a series of actions challenging foreign currency conversion practices under California's Unfair Competition Law, including successful defense appeal of judgment in Schwartz v. Visa International Service Association, et al. (2005) 132 Cal.App.4th 1452 (rev. granted 2005; rev. dismissed 2007).

Defended major national electronics distribution and marketing companies against claims of false and misleading advertising of inkjet printers, MP3 players and hard disk drives, respectively, in separate actions under California's Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act (2003-2009).

Obtained dismissal for MasterCard International Incorporated in representative action challenging payment card chargeback practices under California's Unfair Competition Law (2003-2006).

Represented major national retailer in consumer privacy class actions for purported violations of California's Song-Beverly Credit Card Act (2004-2007).

Participated in successful federal court trial defense of The Hearst Corporation in private antitrust action challenging acquisition of the San Francisco Chronicle, Reilly v. The Hearst Corporation, et al. (N.D. Cal. 2000) 107 F.Supp.2d 1192, 2000-2 Trade Cas. (CCH) ¶ 72,992.

Represented major national retail employer in class action involving employee overtime exemption and meal and rest period issues (2004-2006).

Honors

• Litigation Star, Benchmark Litigation, 2009

Memberships

• American Bar Association, Antitrust Section
• State Bar of California, Antitrust and Unfair Competition Law Section
• Bar Association of San Francisco

Articles

Publications

• Contributing author, Model Jury Instructions in Criminal Antitrust Cases, ABA Section of Antitrust Law (2009)
• Contributing author, California Antitrust & Unfair Competition Law (Fourth), State Bar of California Antitrust and Unfair Competition Law Section (2009)
• California Enacts New E-Discovery Rules (July 2009)
• Yes, We Really Do Have Amnesty:  District Court Enforces DOJ Corporate Leniency Agreement, Dismisses Indictment Against Stolt-Nielsen And Company Executives (January 2008)
• IPO Underwriters Win Broad Antitrust Immunity In Supreme Court (July 2007)
• Plaintiffs Plead Your Plus Factors: Supreme Court Steps Up Antitrust Conspiracy Pleading Requirements (June 2007)
• Foreign Plaintiffs Challenging Global Cartels Strike Out Again In U.S. (March 2007)
• Second Circuit Affirms Dismissal of Merchant's Section One Challenges to MasterCard Rules (December 2006)
• Do We Really Have Amnesty?:  Uncertainty Remains About DOJ Corporate Leniency Program After Third Circuit Throws Out Ruling Barring Indictments Against Stolt-Nielsen And Company Executive (May 2006)