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James M. Burns

Washington, D.C.
Voice (202) 327-5087
FAX (202) 293-5939
jmburns@williamsmullen.com

Practice Areas
Antitrust
Class Action Litigation
Health Care
Insurance Industry Service Group
Litigation
Subprime Task Force

Jim Burns is a partner in the firm's Litigation Section and chair of the Antitrust Practice Group.  He has practiced antitrust law for over 20 years and has litigated antitrust and related claims in federal and state trial and appellate courts all across the country. Mr. Burns also advises clients on antitrust compliance issues and has represented clients before the DOJ Antitrust Division and the Federal Trade Commission on a wide variety of antitrust matters, including mergers. Mr. Burns has represented a broad spectrum of clients in antitrust matters, with a particular emphasis on the representation of clients in the insurance, health care and financial services industries.  He has held leadership roles in the American Bar Association's Antitrust Section for many years, and is currently the vice chair of the Antitrust Section's Financial Services Committee.


Education
University of California at Los Angeles School of Law, J.D. - 1986
Colgate University, A.B., cum laude - 1983

Professional Affiliations
American Bar Association, Antitrust Section
- Vice Chair: Antitrust Section Financial Services Committee (2007-Present)
- Chair: Antitrust Section Insurance Industry Committee (2004-2007)
- Vice Chair: Antitrust Section Insurance Industry Committee (2001-2004)


Awards and Honors
American Bar Foundation, Fellow

Publications
Williams Mullen Insurance Antitrust Alert - July 2008

FTC Seeks to Block Northern Virginia Hospital Merger

The Fate of the Insurance Industry's Antitrust Exemption in Europe is Under Review

UnitedHealth/Sierra Merger Permitted to Proceed, With Conditions

Revised Reporting Thresholds Under the Hart-Scott-Rodino Act

Insurance Executives Convicted of Criminal Antitrust Violations

Louisiana Attorney General Accuses Insurers of Antitrust Conspiracy

House Judiciary Antitrust Task Force Holds Hearing on Pharmacy Antitrust Bill

European Commission Issues Business Insurance Sector Antitrust Report

FTC Issues Significant New Advisory Opinion on Clinical Integration

Legislation Permitting Physicians to Negotiate Jointly with Health Insurers Is Introduced in Congress

Supreme Court Rewrites the Rules on Resale Price Maintenance Agreements: The Leegin Case

Supreme Court Raises the Bar for Pleading Antitrust Conspiracies: The Twombly Decision

Round Two Goes to the Defendants: Plaintiff’s Antitrust Allegations in the Insurance Brokerage Antitrust Litigation Found Insufficient

Antitrust Compliance Programs: More Important Now Than Ever Before

McCarran Repeal Legislation Introduced in Congress

Co-Author, The Insurance Antitrust Handbook, (Second Edition), published by the American Bar Association Antitrust Section

Contributing Author, Antitrust Law Developments, (Sixth Edition), published by the American Bar Association Antitrust Section

Contributing Author, 2004 Annual Review of Antitrust Developments, published by the American Bar Association Antitrust Section

Co-Author and Editor, The Insurance Policy, American Bar Assocation Antitrust Section Insurance Industry Committee Newsletter

Author and Editor, Williams Mullen Antitrust Alert and Insurance Antitrust Alert Newsletters

Recent Antitrust Presentations
Speaker, "The McCarran-Ferguson Act – Balancing Regulatory and Antitrust Policy," presented at the ABA Tort Trial & Insurance Practice Session/American Insurance Association program on Emerging Litigation and Regulatory Developments in Insurance Law, Chicago, Ill., November 2007

Program Chair, "McCarran in the Trenches: The In re Insurance Brokerage Litigation Decision," 2007 ABA Antitrust Section Annual Spring Meeting, Washington, D.C. April 19, 2007

Program Chair, "The Antitrust Laws and Insurance: Recent Developments and Core Principles," ABA Antitrust Section Insurance Committee Program, New York, New York, May 17, 2006

Speaker, "Insurance Relationships with Third Parties – Agents, Brokers and Providers – The Antitrust Issues," presented at the ABA Antitrust Section Insurance Committee Program, New York, New York, May 17, 2006

Program Chair and Moderator, "The Future of McCarran: In the Courts, In the Legislature and in the Field," ABA Antitrust Section Annual Spring Meeting, Washington, D.C. March 30, 2006

Program Co-Chair and Moderator, "State and Private Party Challenges to Insurance Industry Mergers," 2005 ABA Antitrust Section Annual Spring Meeting, Washington, D.C., April 1, 2005

Program Co-Chair and Moderator, "Most Favored Nations Clauses and other Contracting Issues for Health Insurers," 2004 ABA Antitrust Section Annual Spring Meeting, Washington, D.C. April 2, 2004

Program Chair, "The Antitrust Laws and Insurance; Recent Developments and Core Principles," ABA Antitrust Section Program at Fireman's Fund Insurance, Novato, California, April 30, 2004

Speaker, "Antitrust Issues Raised by Health Insurer/Provider Relationships," presented at the ABA Antitrust Section Program at Fireman's Fund Insurance, Novato, California, April 30, 2004

Representations

Antitrust Litigation Practice
  • Represented an insurance industry client in an industry-wide antitrust conspiracy class action proceeding brought by a group of state attorneys general and private party plaintiffs. The matter was ultimately heard by the U.S. Supreme Court and redefined the contours of the insurance industry's McCarran-Ferguson Act exemption
  • Represented a package courier services client alleged to have engaged in monopolization of several local and regional markets
  • Represented a financial services client when a competitor challenged its exclusive dealing arrangements with its distributors
  • Represented a franchisor against a class action challenge brought by a group of terminated franchisees, claiming that their terminations constituted unlawful refusals to deal
  • Represented a healthcare industry client alleged to have engaged in vertical price fixing and a group boycott
Antitrust Counseling and Merger Practice
  • Counseled clients on issues under the DOJ/FTC Guidelines on Collaborations with Competitors, Statements of Enforcement Policy in Health Care, Guidelines for the Licensing of Intellectual Property
  • Performed antitrust audits and investigations for Fortune 500 clients
  • Conducted numerous antitrust seminars and led discussion groups for corporate executives and staff-level employees in a wide variety of industries
  • Assisted a packaging industry client complete a merger without the issuance of a "Second Request," despite an FTC staff recommendation to the Commission to challenge the transaction
  • Assisted a financial services industry client complete a merger, without any divestitures, despite the issuance of a "Second Request" in the transaction


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