ANTITRUST

We represent consumers, associations and businesses harmed by anticompetitive practices and unfair competition. We have experience litigating antitrust cases, including class actions, on behalf of consumers, businesses and associations. We have successfully navigated the difficult and crucial processes of obtaining class certification and receiving court approval of class action settlements. We also contribute to appellate briefs in antitrust cases, including in appeals to the United States Supreme Court. Mr. Spiva has years of experience counseling associations and corporations on antitrust compliance. He is a nationally recognized expert on the Robinson-Patman Act an antitrust law that prohibits price, promotional allowance and cooperative advertising discrimination, having litigated such cases for years, including at trial. Mr. Spiva testified on the Robinson-Patman Act as part of a panel of experts before the Antitrust Modernization Commission, a Commission created by an Act of Congress and whose members were jointly appointed by the President and Congress. Mr. Spiva also has spoken frequently on antitrust issues, including to the annual Conference Board Antitrust Conference, and an American Bar Association Conference at Georgetown University. He is the co-author of "Indirect Purchaser Litigation on Behalf of Consumers After CAFA," Antitrust, Fall 2005, and a member of the Advisory Boards of the Institute for Consumer Antitrust Studies and the American Antitrust Institute.

APPELLATE

Our attorneys have extensive experience litigating appellate matters on behalf of individuals, businesses, and associations, including before the United States Supreme Court and the United States Courts of Appeals. Mr. Spiva clerked for the United States Court of Appeals for the Ninth Circuit, and his past experience in large-firm appellate practice uniquely positions The Spiva Law Firm PLLC to provide appellate work of the highest caliber in an efficient and cost-effective manner. Our appellate work has spanned across practice areas, including constitutional law, civil rights and civil liberties, consumer protection, and intellectual property law. We work closely with our clients not only in effectively briefing and arguing their appeals on the merits, but in designing a comprehensive appellate strategy, including filing and defending against post-trial motions and rehearing petitions, litigating matters involving discretionary review (including petitions for a writ of certiorari before the United States Supreme Court), and obtaining support of third-parties as amicus curiae. We also have substantial experience in representing non-parties in appellate matters of significant public importance by filing amicus curiae briefs.

ARBITRATION

We have successfully arbitrated matters in front of arbitral bodies such as the American Arbitration Association ("AAA") and the Financial Industry Regulatory Authority ("FINRA"). We recently obtained a $9.75 million arbitration award on behalf of our client, a major pharmacy benefits management company, against a Wall Street bank in a FINRA arbitration, in a case alleging securities fraud related to the bank's purchase of student-loan-pool backed auction rate securities for our client's account. In another matter, we obtained a significant arbitration award for our client of compensatory and punitive damages in a law firm partnership dispute tried before the AAA.

BUSINESS DISPUTES

We represent businesses and associations in commercial disputes. We have years of experience, including at a large national law firm, litigating complex trial, arbitration and appellate matters in areas ranging from antitrust, copyright, and First Amendment to insurance coverage, securities fraud, partnership disputes and breach of contract. We know how to successfully litigate substantial commercial matters in a cost-effective and efficient manner. Our focus is obtaining favorable results for our clients, not billing hours, and we will consider alternative billing arrangements in appropriate cases. Although we have successfully tried cases and argued appeals, we also recognize that a speedy and favorable resolution is almost always preferable to protracted litigation, and we have experience negotiating settlement agreements and consent orders to achieve our clients' objectives.

CIVIL LIBERTIES/FIRST AMENDMENT

We have extensively litigated civil liberties issues, with a particular focus on the First Amendment. We are experienced in challenging state and federal laws, regulations, and practices that violate our clients' legally guaranteed liberties, such as freedom of speech and association, privacy, and due process. Mr. Spiva's First Amendment experience includes challenging unwarranted state restrictions on business advertising and protecting the First Amendment rights of media providers. He also successfully argued a Privacy Act and First Amendment case on behalf of a federal prisoner in the United States Court of Appeals for the D.C. Circuit. We are committed to defending the civil liberties of individuals, businesses, and associations against unlawful government intrusion.

CIVIL RIGHTS

We represent individuals and groups whose civil rights have been violated. We have successfully challenged discriminatory laws and practices, focused primarily on housing, voting discrimination and Congressional redistricting. In what until recently was widely considered a regressive period for civil rights enforcement, we have successfully litigated civil rights cases, including through jury trials and appeals, against both governmental and private actors. For example, we have successfully navigated the difficult process of obtaining court approval for certification of a class of individuals who faced a pattern of discrimination, a crucial step in seeking redress for systemic discrimination. We also have successfully settled civil rights cases prior to trial by obtaining consent orders with substantial class relief and conducting a fairness hearing, a challenging prerequisite to court approval of a class action settlement. We have submitted numerous appellate briefs to federal and state appellate courts on civil rights issues, including to the United States Supreme Court. In addition to litigating civil rights cases, we are experienced and well-qualified to counsel public and private entities that seek to craft policies and procedures in compliance with civil rights laws. We are proud of our long-standing commitment to civil rights enforcement.

CONSUMER PROTECTION

We represent individuals and businesses who have been harmed by unfair, fraudulent, or anticompetitive practices. We served as lead class counsel in a nationwide consumer class action against national Internet service provider EarthLink, Inc. We successfully obtained class certification and achieved other litigation victories ultimately leading to a multi-million dollar settlement for the class. We helped achieve a settlement of $48 million in an antitrust class action against Unocal after years of rigorous litigation. We also are experienced in representing businesses and associations in antitrust litigation against other businesses whose anticompetitive practices cause harm to both businesses and consumers. Our experience handling complex litigation at a large law firm that often represents defendants makes us uniquely qualified to achieve the best results for our clients by navigating the pitfalls involved in consumer protection litigation. We have successfully obtained court certification of classes of individuals, a crucial and difficult step in seeking redress for groups of individuals or businesses. We also have successfully conducted final approval hearings, a challenging prerequisite to court approval of a class action settlement. In addition, in appropriate cases, we have successfully served as defense counsel to businesses facing class actions and other disputes.

WAGE AND HOUR

We are knowledgeable about the Fair Labor Standards Act (FLSA), the federal law that regulates minimum wage and overtime standards for workers engaged in most types of commerce. The FLSA is complicated by its many exemptions and by its co-existence with other federal and state laws regulating minimum wages and overtime standards, some of which are more favorable to employees than the FLSA. Unfortunately, some employers seek to avoid paying fair wages and overtime either by ignoring legal requirements entirely, or by attempting to circumvent the FLSA by, for example, improperly characterizing employees as management or salaried. Our experience litigating class actions and other complex matters makes us well-qualified to represent employees who have been harmed by an employer's unlawful wage and hour practices.