Melissa H. Maxman is a member in the firm's Commercial Litigation Group and the co-chair of the Antitrust Practice Group, working in the Washington, D.C., office. In addition to her antitrust practice, she has extensive experience in RICO and environmental law and commercial and criminal litigation. She joined the firm in December, 2009.
Melissa has advised domestic corporations on international antitrust issues, including the coordination of compliance with U.S., and foreign antitrust laws by U.S. corporations and their foreign subsidiaries. She has also advised foreign corporations on the application of and compliance with U.S. antitrust laws. She has represented clients in civil and criminal matters before the Antitrust Division of the Department of Justice, in actions before the Federal Trade Commission, and in private civil matters. Melissa has prosecuted and defended complex litigation, including class actions, involving antitrust, RICO, environmental, and intellectual property laws.
Melissa’s credentials include decades of litigation experience at both the trial and appellate levels. She served as an Assistant United States Attorney in the Eastern District of Pennsylvania from 1991 to 1993. In addition, she served as a law clerk for the Honorable Harry T. Edwards on the United States Court of Appeals for the District of Columbia from 1988 to 1989.
Melissa serves as an advisory board member of the Civil RICO Report, and the Institute of Consumer Antitrust Studies. Elected in 2003, she is a member of the American Law Institute, a group of leading lawyers, judges, and law professors who comment upon and help develop changes to statutes, Restatements of the Law, and principles of law utilized by our courts. She has served as a board member of the Sewall-Belmont House and Museum/National Woman's Party as well as a former Trustee of the Philadelphia Prison System. She currently serves as a National Council Member on the Dean's Advisory Board to The George Washington University Columbian College of Arts and Sciences.
Melissa has a B.A. in music from The George Washington University. Melissa earned her law degree, cum laude, from the University of Michigan Law School, where she was editor-in-chief of the Michigan Law Review, Vol. 86, and a member of the Order of the Coif.
January 02, 2015
In an article titled “Technology Cases To Watch In 2015,” Melissa Maxman, a member of Cozen O’Connor’s Commercial Litigation Department, discusses the U.S. Court of Appeals for the Ninth Circuit case Adobe Systems Inc., et al. v. Northern District of California. “This case will no doubt be remembered not only for the lesson that companies may not suppress prices for their supplies — software engineers — by secretly agreeing not to poach each other’s employees,” observed Melissa. “No matter how the case is ultimately concluded, it also will be an important precedent in antitrust class action settlement jurisprudence.”
August 12, 2014
Melissa Maxman, a member of Cozen O'Connor's Commercial Litigation Department and co-chair of the Antitrust Practice Group, discusses the recent anti-poaching settlement rejected by a California federal judge in Law360 article titled ‘’Anti-Poaching Settlement Doomed By Earlier $20M Deal.’’ U.S. District Judge Lucy Koh ruled the settlement was not reasonable because it gave the companies a discounted rate compared to those that paid to exit the case last year. The deal was considered unusual due to the fact that the first defendants to settle wouldn't have benefited from their willingness to cooperate. ‘’It's a maxim amongst plaintiffs lawyers that the first in gets the best deal,’’ Melissa says, "so she's picking up on the fact that, 'Why are you giving the last in a better deal?'’’
May 15, 2014
On Thursday, May 15, Melissa Maxman, a member of Cozen O’Connor’s Commercial Litigation Department and co-chair of the Antitrust Practice Group, was interviewed by June Grasso and Mark Mills on Bloomberg Radio's “Bloomberg Law.” Melissa discussed CollegeNET’s antitrust suit against the Common Application, a non-profit association allowing students to apply to multiple colleges and universities using a single application form. To listen to the interview, click here. Melissa’s segment begins at 7 minute 20 second mark.
May 12, 2014
Melissa Maxman, a member of Cozen O’Connor’s Commercial Litigation Department and co-chair of the Antitrust Practice Group, wrote an article titled, “No-Poaching Class Rep. Faces Long Odds against $324M Deal,” In the article Melissa discusses, software engineer and one of four plaintiffs named in the tech hiring antitrust litigation, Michael Devine’s plea for a federal judge to reject the $324 million settlement plaintiffs recently reached with Google Inc., Apple Inc., Intel Corps, and Adobe Systems Inc.
May 01, 2014
Washington, D.C., May 1, 2014 – The 2014 Washington, D.C., edition of Super Lawyers Magazine, published by Thomson Reuters, has named nine Cozen O’Connor attorneys to its list of Super Lawyers and Rising Stars.
March 17, 2014
In an article titled “Fed. Judge Wants Deeper Bench in Racketeering Suit,” Melissa Maxman, a member of Cozen O'Connor's Commercial Litigation Department, discusses U.S. District Judge Michael Baylson’s concern that a racketeering case against the ironworkers’ union isn’t properly staffed. Melissa, who worked with Judge Baylson for three years while he was the U.S. attorney for the Eastern District of Pennsylvania and also while he was at Duane Morris, was quoted in the article, stating that Baylson is “a stickler for assigning the right number of attorneys to a case.” She also added that his concern that there aren't enough prosecutors on the case gets at his larger concern for judicial efficiency and desire for lawyers to be well prepared to answer the court's questions.
October 04, 2013
In an article titled “Other states press ahead with US Airways merger challenge,” Melissa Maxman, a member in Cozen O’Connor’s Commercial Litigation Group and the co-chair of the Antitrust Practice Group, discusses the U.S. lawsuit aiming to block the merger of American Airlines and US Airways Group Inc.
August 02, 2013
Melissa Maxman, co-chair of the firm's Antitrust Practice Group, appeared on the July 18, 2013 episode of CNBC’s “Nightly Business Report.” Melissa discussed JPMorgan Chase & Co.’s settlement of the U.S. Federal Energy Regulatory Commission’s allegations of market manipulation in California and the Midwest, as well as the general impact of increasingly large fines for corporate misconduct.
April 15, 2013
Melissa Maxman, Co-Chair of the firm's Antitrust Practice Group, was quoted in Bloomberg News in an article titled, "Dish-Sprint Without Foreign Buyer Baggage Would Find U.S. Favor."
January 03, 2013
To read the official press release from Governor Corbett’s office and to follow the lawsuit, click here.
August 14, 2012
Melissa Maxman, co-chair of the firm's Antitrust Practice Group, was quoted in today's Washington Post in an article titled, ''Google Buys Frommer's Travel Brand.'' Maxman comments on the antitrust implications regarding Google's purchase of the travel group.
February 03, 2012
Melissa Maxman of the Washington D.C. Office was quoted in Bloomberg News regarding personnel changes within the FTC and DOJ Antitrust Division. Recently, the Justice Department hired litigators from major law firms, ''signaling a growing readiness for court battles to block mergers they view as anticompetitive.''
September 21, 2011
In a USA Today article entitled, ''Google Defends Business Practices Before Senate,'' Melissa Maxman was quoted regarding Google Executive Eric Schmidt's Senate antitrust hearing.
September 06, 2011
Melissa Maxman was quoted in the The Wall Street Journal regarding the Obama Administration's regulations on business. She noted, ''The Obama administration has certainly been more aggressive in its merger enforcement than Bush 43. But it's come under criticism from consumer and antitrust groups for not being as aggressive as it had promised.''
September 02, 2011
Melissa Maxman was quoted in The New York Times about AT&T's plans to approach the Justice Department regarding the company's proposed merger with T-Mobile. In the article, Maxman commented, ''It’s hard to imagine conditions that would accommodate Justice’s concerns that wouldn’t leave the deal unacceptable to AT&T and T-Mobile.''
June 29, 2011
Melissa Maxman, a member of the firm's Commercial Litigation Group and co-chair of its Antitrust Practice Group, was recently quoted in several publications regarding the Federal Trade Commission's probe into Google's success. The FTC is investigating whether or not Google has abused its dominance as a search engine by highlighting its own listings while burying its competitors' links.
June 02, 2011
Melissa H. Maxman, co-chair of Cozen O’Connor’s Antitrust Practice Group, was interviewed for a Bloomberg News article. The article, ''Google Antitrust Probe by U.S. Could Mean Years of Self-Defense,'' is about a new investigation of Google by the U.S. Federal Trade Commission. In the article, Melissa says that the Federal Trade Commission’s Bureau of Consumer Protection will most likely be involved. The FTC will investigate if Google skewed Internet search results to help themselves.
April 29, 2011
Melissa H. Maxman, co-chair of Cozen O’Connor’s Antitrust Practice Group, was quoted in the Ecommerce Times article ''Microsoft Antitrust Oversight Ends With a Whimper.'' The article discusses the relatively insignificant ending to a multimillion dollar antitrust battle between Microsoft and the Department of Justice. Ms. Maxman explains that Microsoft is not completely done with its reporting. ''The reality is that the European Commission won its suit against Microsoft and thus Microsoft has ongoing reporting and licensing requirements that remain in the EU even after the U.S. oversight is done.''
January 04, 2010
Cozen O’Connor brings 2009 to a close with the announcement that another group of high-profile attorneys has joined the firm. Melissa H. Maxman, Ronald F. Wick and Marcela B. Stras have moved to Cozen O’Connor’s Washington, D.C. office from Baker Hostetler. The addition of these attorneys marks more than 100 high-level lateral hires in the past year and the continued implementation of the firm’s strategic plan, which calls for aggressive recruitment of key laterals with strong commercial litigation and corporate law practices.
April 12, 2012
Melissa Maxman, a member of Cozen O'Connor's Commercial Litigation Department, offers tips for new lawyers looking to succeed in private practice.
January 26, 2012
The hype surrounding Super Bowl advertisements has triggered government scrutiny. Just in time for the 2012 Super Bowl early next month, the Federal Trade Commission's (FTC) Division of Advertising Practices issued a closing letter involving Super Bowl advertising practices employed during the 2011 Super Bowl. The November 16, 2011 FTC opinion highlights why all companies should have internal antitrust and consumer protection compliance programs in place.
January 24, 2012
Melissa Maxman, co-chair of Cozen O'Connor's Antitrust Practice Group, and Robert Magovern, a member of the Business Law Department, discuss the Federal Trade Commission's Super Bowl Advertising decision, examining practices from 2011's big game, and highlights the importance of antitrust and consumer protection compliance programs.
August 01, 2011
''Value of commerce'' is a critical determinant of criminal sentencing for defendants convicted of violating the U.S. antitrust laws. The commentary of the U.S. Sentencing Guidelines, however, offers no clear explanation of the phrase, ''affected by the violation.'' Because of its tremendous impact on sentences, prosecution and defense attorneys frequently argue vigorously about how to measure the volume of commerce in any given case.
April 01, 2011
After a two month delay, the Federal Trade Commission (FTC) and Department of Justice (DOJ), acting jointly, and the Center for Medicare & Medicaid Services (CMS) released proposed regulations for Accountable Care Organizations (ACOs) participating in the Medicare Shared Savings Program (the Program). The Program was created pursuant to the Affordable Care Act and was intended to encourage health care providers to better work together to lower costs and improve patient outcomes.
February 25, 2011
On January 31, 2011, one of the world’s largest reinsurance brokers, Guy Carpenter & Co. LLC, and its former affiliated reinsurer agreed to pay $4.25 million to settle a lawsuit brought by the Connecticut attorney general alleging these companies engaged in a series of conspiracies to create closed reinsurance markets and driveup reinsurance costs. This settlement, which concludes an investigation and landmark litigation that spanned more than three years,
November 01, 2010
The U.S. Supreme Court's decision in Amchem Products Inc. v. Windsor, 521 U.S. 591 (1997), raised the standard for parties seeking settlement class certification by requiring proposed settlement classes to establish essentially the same Federal Rule of Civil Procedure 23 criteria as for ordinary class certification, especially the predominance factor of Rule 23(b)(3).
April 27, 2010
Melissa Maxman, co-chair of Cozen O'Connor's Antitrust Practice Group, comments on the fight for kyphoplasty market share in CareFusion v. Medtronic.