Biography

Alan Kusinitz focuses his practice on transactional, counseling and litigation aspects of antitrust, trade regulation and intellectual property law, including representation of clients before the Department of Justice and the Federal Trade Commission and counseling on government investigations, mergers and acquisitions, joint ventures and strategic alliances, distribution and unfair competition issues.

Prior to joining Brown Rudnick, Alan was a Senior Counsel in the Litigation and Antitrust groups at Proskauer. He previously served as an assistant attorney general to the Antitrust Bureau and Litigation Bureau in the New York State Attorney General’s Office providing trial, industry, IP and economic advice. Alan also spent 13 years at Weil, Gotshal & Manges, LLP where he focused on antitrust, trade regulation and intellectual property litigation and representation of clients before the Department of Justice and the Federal Trade Commission; and he spent 12 years at Kelley Drye & Warren LLP, during which time he was a Partner, and where he was responsible for securities and antitrust transactional advice and commercial litigation.

Representation

Some of Alan's notable engagements (including representations handled by Alan prior to joining Brown Rudnick) include:

S. C. Pharmatop in the $200 million sale of its U.S. pharmaceutical patent assets for the liquid formulation of acetaminophen to OrbiMed Royalty Opportunities II, LP.

NES Associates, LLC, anengineering and information technology company, to CSRA LLC., a significant defense contractor.

Sanofi, through Chattem, its U.S. Consumer Healthcare Division, in securing antitrust clearance for the grant of an exclusive license from UCB Biopharma SPRL (“UCB”) under the Xyzal trademark, patent and other relevant intellectual property rights for the commercialization of products in the over-the-counter field in the United States. (Xyzal is the Rx brand of levocetirizine dihydrochloride, a histamine H1-receptor antagonist.)

Datalogic IPTECH, s.r.l., in the $600 million acquisition of Intermec by Honeywell, both manufacturers of 2D scan engines, resulting in a consent order requiring Honeywell and Intermec to license their 2D scan engine patents to Datalogic, as well as a worldwide covenant not to sue for 12 years.

Continuum Health Partners before the FTC in its merger with Mt. Sinai Medical Center, creating the largest health care system in New York City, and one of the largest not-for-profit health systems in the country.

Olympus Corporation in its acquisition of Gyrus ACMI PLC.

Bowlmor AMF, the largest operator of bowling centers in the world, in its acquisition of Brunswick Corporation’s bowling center business, including 85 centers in the U.S. and Canada, for $270 million.

Grifols, S.A., in its $1.7 billion agreement to acquire the transfusion diagnostics unit of Novartis Vaccines & Diagnostics, Inc.

Tyman Plc, a London-based building product supplier, before the Federal Trade Commission in its $200 million acquisition of Truth Hardware Corp. of Minnesota, from its parent company Melrose Industries PLC, a London investment firm.

In re: Electronic Books Antitrust Litigation (Representation of Simon & Schuster in several ongoing interrelated governmental and private class action investigations and law suits).

Addamax Corporation in an action alleging violations of Section 1 of the Sherman Act by several leading computer manufacturers in the formation and use of the Open Software Foundation Inc.

Sanofi, through its U.S. Consumer Healthcare Division Chattem, in securing antitrust clearance of the acquisition of an exclusive license from UCB Biopharma SPRL (“UCB”) under the Xyzal (the Rx brand of levocetirizine dihydrochloride) trademark, and other relevant intellectual property rights for the commercialization of products in the over-the-counter field in the United States and its territories and possessions, as well as a non-exclusive license to all UCB intellectual property to manufacture products outside of the Territory for exploitation of the products in the OTC field in the United States.

Sanofi, through its U.S. Consumer Healthcare Division Chattem, in securing antitrust clearance for the acquisition of the worldwide rights to the Rolaids brand from McNeil Consumer Healthcare.

Hexpol A.B., the world’s largest rubber compounder, in securing antitrust clearance for its $89.2 million acquisition of Robbins Holdings Inc., one of its biggest rivals.

Fifth Street Finance Corp., in securing antitrust clearance for its acquisition of Healthcare Finance Group, LLC, a specialty lender providing asset-based lending and term loan products to the healthcare industry.

Sanofi in securing antitrust clearance in its $20.1 billion acquisition of Genzyme.

Sanofi in securing antitrust clearance in its $1.9 billion acquisition of Chattern Inc.

Citadel Broadcasting Corporation in securing antitrust clearance in its acquisition by Cumulus Media, Inc.

CBS in securing antitrust clearance for its $6.5 billion purchase of Outdoor Systems Inc. Obtained antitrust clearance after negotiating a favorable settlement with DOJ.

Simmons Company, a portfolio company of THL Partners, in securing antitrust clearance for its $758 million sale to Ares Management and Ontario Teachers’ Pension Plan.

M-Systems in securing antitrust clearance in its acquisition by SanDisk Ltd.

Hughes Electronics Corporation in securing antitrust clearance in its sale of Hughes Satellite Manufacturing Company to The Boeing Company.

Other Key Representations:

Zenith Electronics LLC, U.S. Philips Corp., Panasonic Corporation, Trustees of Columbian University v. ViewSonic Corp./ViewSonic v. MPEG-LA, Zenith Electronics LLC, U.S. Philips Corp., Panasonic Corporation, Trustees of Columbian University – Represented Plaintiffs and MPEG-LA defending against ViewSonics’ antitrust counterclaim and third-party claim alleging that plaintiffs, holders of standard essential patents for the ATSC digital television standard, and MPEG-LA, the patent pool administrator for the ATSC standard, failed to provide FRAND licenses for their patents. Case was settled after plaintiffs and MPEG LA filed their motion to dismiss.

Applied Materials, Inc., defending an action alleging violations of section 2 of the Sherman Act.

Aspira of New York in Garcia v. Aspira of New York, Inc., defending an action alleging claims under the False Claims Act.

CBS in securing antitrust clearance for its joint venture with Warner Bros Entertainment to form the CW Network.

A leading international cosmetic manufacturer in the defense of a class action alleging vertical and horizontal price fixing violations among cosmetics manufacturers and department stores.

Corn Refiners Association in the Export Trade Certificate of Review Application Number 08-00008.

Joint representation of Muzak Holdings LLC and DMX Holdings, Inc. in securing clearance in their proposed merger.

The General Motors Corporation in the proposed merger of Hughes Electronics (DirecTV) with EchoStar Communications Company.

Education

Boston College Law School – J.D., magna cum laude, Order of the Coif, 1982
Duquesne University – M.A., Philosophy, summa cum laude, 1976
Upsala College – A.B., magna cum laude, 1974

Bar Admissions

New York
US Court of Appeals, First Circuit
US Court of Appeals, Second Circuit
US Court of Appeals, Third Circuit
US Court of Appeals, Eighth Circuit
US District Courts for the Eastern and Southern Districts of New York
Professional Affiliations