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American Bar Association

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Attorney By Attorney
Career Profiles of the Profession

Who?

David Marx, Jr
Partner

What?

Primary Practice Area & Subspecialty Fields:
Antitrust and Trade Regulation--litigation and counseling.

When?

In Practice Area:
Since 1977

In the Legal Profession:
Since 1975

Where?

Employer:
McDermott, Will & Emery
www.mwe.com


Size/Sector:
Over 900 lawyers

City/State:
Chicago, IL

Law School:
Syracuse University College of Law


Undergraduate School/Degree:
Amherst College, 1972, B.A.
Why?

Pluses/Challenges of Practice Area:
Diversified practice with the opportunity to learn more than one ever wanted to know about a variety of industries and businesses. It mixes the practice of law with economics and business and requires not just advocacy but creative problem solving. The mix of litigation and counseling allow for both intellectual creativity and the development of courtroom skills. Additionally, the litigation experience influences one's approach to counseling.

Core Skills/Key Knowledge Needed in Your Practice Area:
A knowledge of economics, basic business, and litigation.

Advice to Lawyers and Law Students Interested in Your Practice Area:
Time spent with the Antitrust Division of the Department of Justice or the Federal Trade Commission is a useful entry vehicle into the private antitrust bar.

How?

Career Path to Current Position:
I was a staff attorney at the Federal Trade Commission (Chicago Regional Office) and a senior trial attorney at the Antitrust Division (Chicago Field Office) before joining McDermott, Will & Emery.

Suggested Reading About Your Practice Area:
BNA Antitrust & Trade Regulation Reporter provides a weekly perspective of what is happening in the antitrust world.

Bar Affiliations and Activities:

Chicago Bar Association; American Bar Association; American Health Lawyers Association.

Recent Professional Publications:

Antitrust in the Healthcare Field: Meeting the Challenge (2d ed. AHLA 1998); for a more complete listing of publications, visit mwe.com

Recent Professional Presentations:

Antitrust in the Healthcare Field (May 2001)--Recent Issues Raised by Provider Networks; Fundamentals of Health Law( Nov. 2001 and 2002)--Antitrust Issues

Memorable Career Moment:

United States v. Baker Hughes, Inc.: final argument before Hon. Gerhard Gesell on behalf of Oy Tampella, the acquiring party defendant in an acquisition of Baker Hughes' assets that was challenged by the Antitrust Division of the Department of Justice. Judge Gesell had written the opinion in FTC v. Coca Cola, Inc., upholding the Government's challenge of the merger and the facts in the Baker Hughes case were startlingly similar to the facts in the Coca-Cola case. Judge Gesell was probably the smartest judge before whom I have appeared.