Elaine is the head of our United States Antitrust practice. She has a broad antitrust practice covering antitrust litigation, mergers and acquisitions and antitrust counseling, including representing antitrust defendants in multi-forum cases that involve parallel, simultaneous government investigations and multiple civil actions. She has handled matters in a wide range of industries, including banking and financial services, engineering, energy, oil and gas, other natural resources, chemicals, insurance, telecommunications, defense electronics, cable, advertising, paper, health care, leisure and retail sales, agricultural products, shipping, and vitamins. She has been featured in Chambers USA, PLC Which Lawyer?, The International Who’s Who of Competition Lawyers and Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers.
Elaine has an active practice before the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) representing merging parties in connection with mergers, acquisitions and joint ventures, as well as companies in non-merger investigations, and she is particularly experienced in coordinating U.S., European and other foreign antitrust clearances on complex cross-border deals. Her counseling practice includes advising companies on how to structure worldwide distribution and licensing arrangements, including patent pools, to avoid antitrust problems, as well as trade associations on the permissible scope of their activities, including information exchanges and benchmarking.
Prior to joining Allen & Overy, Elaine was a partner in the New York office of a major New York-based international law firm, where she was executive partner for Diversity, and was a founding member of that firm’s Women’s Network Committee.
Elaine is a member of the American Bar Association (Antitrust section) and the New York State Bar Association (executive committee, Antitrust Law section). She is also a member of the editorial board of the ABA’s Competition Laws Outside the United States, a former associate editor of the Antitrust Law Journal and a former member of the Antitrust and Trade Regulation Committee of the Association of the Bar of the City of New York.
Admitted: Bar of the State of New York, 1988
Admitted: United States District Courts
Southern District of New York, 1995
Eastern District of New York, 1995
Admitted: Court of Appeals for the Fifth Circuit, 2009
LL.M., University of Michigan Law School, Fulbright Scholar, 1987
M.A., Cambridge University, 1984
B.A. honors, Clare College Cambridge, 1980
Co-author, 'Antitrust Aspects of Settling Intellectual Property Litigation,' Intellectual Property Antitrust 2006, published by the Practising Law Institute, 2006, republished in The Licensing Journal Volume 26 Number 8, September 2006, with Matthew J. Galvin.
'Antitrust Liability for Acts and Omissions in Dealing with Government Entities,' Intellectual Property Antitrust 2005, published by the Practising Law Institute, 2005.
'Intellectual Property as an 'Essential Facility,'' Intellectual Property Antitrust 2004, published by the Practising Law Institute, 2004, republished in The Computer & Internet Lawyer, February 2005.
Co-author, 'Contrast or Convergence? The IP Guidelines and the New EU Technology Transfer Block Exemption,' Antitrust Magazine, Spring 1995, with Ronald W. Davis.
'Dual Representation in Antitrust Investigations,' Antitrust Law in New York State, published by the New York State Bar Association, 1995.
Contributor, Bellamy & Child, Common Market Law of Competition, Fourth Edition (Sweet & Maxwell 1993); responsible for section on intellectual property licensing.
Co-author, 'Antitrust Aspects of Reverse Engineering,' Intellectual Property Antitrust 1993, published by the Practising Law Institute, 1993, with David Bender.