Neil Ray

Neil Ray is dual qualified as an English solicitor and a California attorney who works from Sheppard Mullin's San Francisco and San Diego offices. Mr. Ray counsels clients on a broad range of international trade, antitrust and technology matters. Prior to joining Sheppard Mullin, Neil worked in the London office of one of the UK's leading business law firms where he represented companies before UK and European Union government agencies and courts.

Areas of Practice

Antitrust

Neil's advises corporations on U.S. and EU antitrust matters, and has acquired substantial experience of defending international cartel cases, counseling clients on day-to-day antitrust law compliance issues, and advising on merger control requirements. Neil has written extensively on antitrust issues, and is actively involved in the executive committees of American and International Antitrust Bar Associations. Currently, he is the EU Law Professor at Thomas Jefferson School of Law, San Diego.

International Trade

Neil's also advises clients on international trade compliance including U.S. and EU import and export control laws, global anticorruption policies and related internal corporate investigations, international sanction regimes, and anti-dumping / anti-subsidy proceedings.

Technology

Counseling technology and telecommunications companies on novel legal issues has been a significant part of Neil's practice. He counsels clients on a broad range of technology transactions and regulatory matters with a current focus on social media, cloud computing and mobile payment issues.

Education

• LL.B., London School of Economics and Political Science, 1998
• Postgraduate Diploma in Legal Practice, The College of Law, London, 1999

Languages

• French

Representative Matters

Antitrust

Representing Samsung Electronics in TFT-LCD DOJ Antitrust Division grand jury criminal price fixing including coordinating defense of related international enforcement investigations.

Representing Samsung SDI America, Inc. and related entities in DOJ Antitrust Division grand jury criminal price fixing and foreign enforcement investigations involving cathode ray tubes.

Represented Samsung Electronics in Flash memory chips DOJ Antitrust Division grand jury criminal price fixing investigation.

Represented Samsung Electronics in SRAM memory chips DOJ Antitrust Division grand jury criminal price fixing investigation including coordinating defense of related international enforcement investigations.

Represented Samsung Electronics in DRAM memory chip antitrust price fixing DOJ criminal investigation, and related national federal MDL civil class actions and state indirect purchaser class actions.

Represented an international shipping transport company in a criminal grand jury investigation involving price fixing allegations in the tank container industry.

Represented an Asian Airliner in a criminal grand jury investigation involving price fixing allegations in the international airline cargo industry.

Representing MasterCard International Incorporated in a series of actions challenging foreign currency conversion practices under California's Unfair Competition Law.

Representing risk arbitrage managers of various institutional investors and investment funds in connection with US and EU antitrust and regulatory advice on strategic investments and sophisticated trading strategies in the securities of publicly traded companies that are parties to either hostile or friendly mergers.

Advising on domestic and international distribution and antitrust compliance strategies (including product pricing, incentive programs agreements, internet advertising) including compliance training for sales and marketing employees on behalf of numerous U.S. corporations.

Represented numerous US and international corporations on Form CO merger filings with the European Commission, and merger notifications to the UK's OFT.

International Trade

Advising companies in complying with the detailed export controls on encryption and telecommunications including a U.S.-based medical device manufacturer with worldwide export of products incorporating encryption features.

Counseling U.S. and foreign corporations on compliance with U.S. and EU Customs and Free Trade Agreements including NAFTA and KORUS / KOREU.

Designing FCPA, UKBA and international compliance programs and advised on complex questions of international compliance for companies with operations throughout the United States and the European Union as well as in Asia, Latin America and the Middle East.

Counseling multinational corporations concerning the latest U.S. (OFAC) and EU trade sanctions affecting their global business operations, including for example, a large U.S.-based pharmaceutical company, and Asian-based communications company provider on telecommunication services in the Middle East.

Advised China's largest aerospace manufacturer in structuring and negotiating joint venture, intellectual property and export compliance agreements in its $1.3 billion joint venture with a U.S. Fortune 100 electronics company.

Counseled U.S. companies on U.S. and EU privacy and record retention laws, including the U.S. subsidiary of a multibillion dollar consumer and luxury brand company concerning EU e-commerce regulation and the US-EU Safe Harbor Framework for the transfer of personal data.

Technology / Telecommunications

Advised a U.S. semiconductor company on the transactional terms and regulatory issues of a Master Development Services with a leading cell phone manufacturer for the design, manufacture and sale of high performing Bluetooth technology supporting sophisticated audio and video processing.

Represented a technology consortium on the development, acquisition and licensing of new digital rights management technology. Assisted on drafting the Operating, Master License and Collaboration Agreements and on the application of U.S. and EU antitrust issues.

Counseled a leading global licensor of 3D visual technology on international compliance issues and its agreements with European exhibitor licensees.

Advised on terms and conditions and regulatory implications of the Electronic Signatures Act, Wiretap Act, and CALEA for a smart phone application developer whose software enables wireless devices to automatically connect to public Wi-Fi hotspots, personal home Wi-Fi networks and office Wi-Fi networks.

Advised UK subsidiary of U.S. multinational software enterprise company on the negotiation and drafting of a wide range of commercial agreements; licensing of intellectual property rights; the application of the merger control roles to various joint ventures, and responding to UK and EU government investigations.

Advised U.S. set-top box manufacturer on the negotiation and drafting of Multiple System Operator Agreements with European Cable-TV operators, and submissions to the European Commission and the UK's OFT regarding various investments in European digital cable operator customers.

Represented multinational electronic manufacturing service (EMS) provider in a merger filing with the European Commission and related antitrust issues arising from its $2.7 billion acquisition of C-MAC Industries Inc; and a $2.2 billion Supply Agreement with Lucent Technologies for the production of optical networking equipment.

Advised U.S. multinational company on its contractor agreements appointing system houses and building control distributors, and the application of related EU regulatory laws.

Represented diversified U.S. industrial manufacturer on the licensing and technology transfer agreements related to hydraulic couplings, and the application of related EU regulatory laws.

Advised U.S. spatial information management software company on distribution and licensing agreements for computer software and related products in the shipbuilding industry, and the application of related EU regulatory laws.

Represented KPMG on international telecommunications litigation against German and U.S. telecommunication carriers.

Represented Easynet, a major pan-European telecommunications provider, on various carrier agreements and telecommunications regulatory matters.

Represented Einstein Channel in the negotiation of a Digital Satellite Transmission Agreement with SC4 for the transmission of science and technology programs on UK's Sky Digital.

Represented CityReach International and DigiPlex, owners of carrier neutral collocation facilities, on contracts for the installation of carrier communications equipment, the provision of telecommunications and data services in their data centers and coordinating the regulatory rollout of their European network.

Assisted on representation as FCC and satellite industry counsel to the Committee of Unsecured Creditors of TerreStar which has included advice on satellite licensing advice, transfer of control procedures and negotiating spectrum allocation disputes.

Assisted on representation as corporate and FCC counsel to San Diego Gas & Electric in the acquisition of wireless spectrum for a Smart Grid project. Advised on proposed network solution, acquisition of spectrum rights and related hardware equipment, as well as risk transfer and due diligence issues.

Assisted on the drafting of U.S. opinion letter on FCC regulations concerning "seamless roaming" on behalf Canadian communications company, in respect of foreign telecommunications litigation.

Articles

• Author, "Why You Need a Robust EU Antitrust Compliance Program & How to Implement It,", Corporate Compliance Insights, April 12, 2012 
• Author, "Regulating VoIP: An Overview of the Main Regulatory Challenges Governing the Deployment of VoIP Services in the US and EU", Telecom Law Best Practice: Leading Lawyers on Regulatory Compliance, Tax Planning, and the Federal Communications Commission, Aspatore Books, January 2006.
• Co-Author, "Role of Customer Complaints and Testimony in Merger Enforcement Post-Arch Coal and Oracle", The Sedona Conference Journal 2005.
• Co-author, "E.U. Electronic Communications Law," Richmond Law & Tax, London, August 2004.
• Author, "Modernizing the UK Competition Regime", Chartered Secretary Magazine, May 2002.
• Contributor, "Regulatory Aspects of Acquisitions in the UK and EU", Tolly's Company Acquisitions Handbook, June 2001.

Antitrust Law Blog Articles

• "U.S. Film Studios Agree to Modify "Most Favored Nations" Clause in EU Contracts to Encourage Financing and Installation of Digital Equipment", March 11, 2011
• "Government Targets Agriculture Industry for Increased Antitrust Scrutiny", March 11, 2011
• "Extradited Foreign Executive Jailed for Obstructing DOJ Antitrust Investigation", December 28, 2010
• "EC Investigates Google for Potential Abuse of Dominance in Online Search Market", December 6, 2010
• "European Commission Objects to Oracle-Sun Deal", December 16, 2009
• "Technology Sector Comes Under Increased Antitrust Scrutiny", November 10, 2009
• "EC Declines to Follow DOJ's Lead, Opens In-Depth Investigation of Oracle-Sun Deal", October 12, 2009
• "EC Launches Consultation on Distribution Rules", September 3, 2009
• "Top EU Court Rules That Single Meeting Between Competitors Can Be Breach Of European Antitrust Laws", August 12, 2009
• "ICN Adopts Recommended Practices To Improve Merger Analysis", July 9, 2009
• "EC Imposes $1.45 Billion Antitrust Fine on Intel", June 12, 2009
• "English High Court Strikes Out "Class Action" Against British Airways", May 13, 2009

Climate Change and Clean Technology Law Blog Articles

• "EU's Proposals for Global Pact on Climate Change at Copenhagen", September 4, 2009

Global Trade Law Blog Articles

• "EU’s New Sanctions Target Iran’s Oil Industry," January 30, 2012 

Government Contracts Law Blog Articles

• "The Long Arm Of The Crown: New U.K. Anti-Bribery Law Reaches Private Sector Bribery And Creates Offence Of "Failing To Prevent" Bribery," June 14, 2010

Speeches

• "Maximizing Opportunities...and Minimizing Risk," Swedish American Chamber of Commerce, San Diego, January 12, 2012
• "A Gathering Storm: How Competition Issues Threaten California's Agricultural Operations," California Farm Bureau's Annual Conference, Sparks, Nevada, December 5, 2011

Events

• Social Media For Start-Up Companies, May 17, 2012, Third Thursday Emerging Company Webinars
• EU Debt Crisis Seminar: M&A and Expansion in Europe (Palo Alto), November 10, 2011
• EU Debt Crisis Seminar: M&A and Expansion in Europe (San Diego), November 8, 2011
• Social Media: How to Minimize Legal Risks and Maximize Commercial Success, November 3, 2011
• Social Media: How to Minimize Legal Risks and Maximize Commercial Success, October 19, 2011