David Young

Representative antitrust transactional matters include representing: 

• Leading healthcare distributor in multiple transactional matters.
• Leading health insurer in its acquisition of another health insurance firm before state antitrust regulators. 
• Leading academic health system in its acquisition of rural community hospital before state and federal antitrust regulators. Investigation into the transaction was closed without a Second Request.
• Healthcare technology firm in its acquisition of provider of software for discharge and long-term care planning. Transaction was closed without challenge following a Second Request. 
• Nonprofit hospital system in a Second Request and merger litigation related to acquisition by leading health care system in northern New Jersey.
• Bloomberg on antitrust aspects of its planned acquisition of Broadway Technology, a cutting-edge provider of high-performance front-office fintech solutions.
• Audax in acquisition of airport transportation logistics provider. Investigation into transaction was closed without Second Request. 
• Bain Capital in sale of controlling stake in major industrial products manufacturer through a Second Request and settlement with the Federal Trade Commission. 
• Charter Communications and employees in connection with the AT&T/Time Warner merger investigations and trial.
• Bain Capital in $18 billion acquisition of Toshiba Memory Corporation; transaction cleared in United States without a Second Request.
• Access in its acquisition of assets of Arkive Information Management; transaction cleared without a Second Request.
• AlticeUSA in multiple merger investigations and matters concerning conduct by third parties.
• Magazine publisher in acquisition of magazine assets. Initial investigation into the transaction cleared without a Second Request.
• TPG in its successful sale of DataQuick for $661 million after a Second Request.
• Google in its $2.35 billion sale of Motorola Home to Arris without a Second Request.
• Becton Dickinson in in its successful sale of its Discovery Labware unit to Corning for $730 million, despite a Second Request.

Representative litigation matters include:

• Welsh, Carson, Anderson & Stowe: Senior member of antitrust team representing private equity firm in high-profile litigation brought by the Federal Trade Commission and private class action plaintiffs relating to mergers and acquisitions of portfolio company. The team secured Welsh Carson’s dismissal of both lawsuits. 
• Nonprofit healthcare system: Senior member of litigation team representing nonprofit health care system facing multiple civil class actions related to tying, anti-steering contracts, price transparency provisions and other alleged antitrust violations.
• Global pharmaceutical company: Counsel to a global pharmaceutical company Lanham Act suit related to a competitors’ false and misleading marketing of unapproved drug products as FDA-approved generics for client’s NDA-approved prescription drug. Defended against counterclaims of antitrust and state law violations and reached favorable settlement.
• Beltran v. Interexchange (D. Col.): Senior associate on litigation team representing putative defendant in class action litigation involving antitrust, contract, and FSLA claims. Successfully opposed plaintiffs’ motion to join client into the litigation.
• In re Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.): Senior associate on litigation team representing Fortune 500 airline in class action price fixing litigation.
• Retrophin v. Questcor Pharmaceuticals (C.D. Cal.): Senior associate on the litigation team defending Questcor in a monopolization suit brought by putative competitor.
• Cablevision v. Viacom (S.D.N.Y.): Represented Cablevision in lawsuit challenging Viacom for unlawfully tying its programming networks; successfully opposed motion to dismiss and obtained settlement.
• Google: Counseled Googlein government antitrust investigations into intellectual property practices and antitrust exemptions and immunities.
• Leading Technology Firm: Counsel to technology firm in ongoing Department of Justice investigation into standard-setting practices. Investigation was closed without further action. 

Pro Bono Practice

• David also maintains an extensive pro bono practice that began with his experience in the Public Benefits Group at the Legal Aid Society of Washington, D.C., where he represented indigent clients in a variety of public benefit matters. David continues to leverage that experience to help individuals in need, with a special focus on navigating the process for obtaining Social Security disability and Supplemental Security Income benefits, from initial applications, requests for reconsideration, and hearings before administrative law judges, as well as challenges to overpayments and appeals to the Social Security Appeals Council and U.S. District Court. David has litigated multiple pro bono matters in federal and state courts, including:
  • Jacob v. Berryhill, No. 1:15-cv-00600-DAR, 2017 WL 1194165 (D.D.C. Mar. 30, 2017): Lead counsel to Social Security claimant seeking Supplemental Security Income benefits. Obtained summary judgment with substantially all relief sought from District Court.
  • Project Vote v. Kemp, No. 1:16-cv-2445-WSD, 2016 WL 5092512 (N.D. Ga. Sept. 20, 2016): Lead counsel representing a voting rights advocacy group seeking to inspect Georgia’s voter registration records under the National Voter Registration Act of 1993 prior to the 2016 general election. The team successfully obtained a preliminary injunction granting substantially all of the relief sought and defended against a motion to dismiss.
  • Massachusetts v. Perrot: Member of litigation team representing wrongfully convicted client seeking a new trial. Perrot’s original 1985 conviction was based on scientifically flawed expert testimony using “hair analysis” to link Perrot to the crime. David was part of the litigation team that researched and filed a motion for a new trial in Massachusetts Superior Court that was ultimately granted and resulting in Perrot being released from prison. New charges against Perrot were later dismissed.