Gregory L. Skidmore

Complex Commercial Litigation

• Lead national counsel representing a publicly traded, multinational company in litigation related to PFAS (per- and polyfluoroalkyl substances) in both a nationwide MDL and other litigation.
• Lead national counsel defending the nation’s largest telecommunications company in a series of cases alleging False Claims Act and other claims related to the alleged under-collection of certain government taxes. To date, have achieved complete dismissals of claims, through appeal, in Massachusetts, Pennsylvania, New Jersey, Georgia, Minnesota, Iowa and the District of Columbia.
• Co-lead trial counsel for a national industrial gas company in a contract case in Tennessee state court seeking tens of millions of dollars from a former customer. After discovery uncovered fraudulent behavior on the part of the customer, the case settled on very favorable terms on the eve of trial.
• Lead counsel defending the nation’s leading provider of public sector software solutions in class action litigation related to its electronic court docket software.
• Lead counsel representing a multinational manufacturing company in a plaintiff-side action against a contractor for failed performance.
• Lead counsel defending a national telecommunications company in a case asserting violations of the North Carolina False Claims Act. Prevailed on a motion to dismiss, which was affirmed by the North Carolina Court of Appeals, and the North Carolina Supreme Court denied review.
• Lead counsel representing a publicly traded, multinational company in resolving class action litigation related to an alleged data breach.
• Trial counsel for a government contractor in a three-week AAA arbitration arising out of a dispute over a U.S. Army contract worth $6 billion. The panel unanimously ruled in favor of the client and awarded damages.
• Trial counsel in Colorado federal court for three-week jury trial. Final judgment entered in favor of clients.

Antitrust (Transactions)

• Fresenius Medical Care, the world's largest provider of dialysis products and services, in its $2 billion acquisition of NxStage Medical, a leading medical device company. Negotiated FTC Consent Order limiting divestiture to product line agreed to in purchase agreement.
• Raycom Media in its $3.65 billion merger with Gray Television. Devised a pre-planned divestiture package that streamlined the Department of Justice review process and allowed for a timely closing of the transaction.
• The $2.15 billion sale of Sound Physicians, a hospitalist company, to a consortium led by Summit Partners. Transaction was cleared without the issuance of a Second Request.
• Enpro Industries, in its $850 million acquisition of NxEdge from Trive Capital. Transaction was cleared without the issuance of a Second Request.
• Enpro Industries, in the $305 million sale of its GGB business to The Timken Company. Obtained clearance of the transaction in Germany and Austria.
• Enpro Industries, in the $195 million sale of its Compressor Products International business unit to Howden Group. Obtained clearance of the transaction in the United Kingdom, Serbia and Austria.
• Honeywell, in its acquisition of US Digital Designs.
• HarbisonWalker International, in its sale to Platinum Equity.
• Aalberts, N.V., in the sale of Lasco Fittings to North American Pipe Corp.
• Aalberts, N.V., in the acquisition of Premier Thermal Solutions from Z Capital.
• TriCal Soil Solutions in its acquisition of the Telone soil fumigant business from Dow Inc.
• Fresenius Medical Care in multiple acquisitions of dialysis clinics.
• A large insurance company in the review of potential strategic transactions.
• An international textile manufacturer in antitrust issues related to the sale of its North American division.

Antitrust (Litigation)

• Lead counsel representing the Race Team Alliance, a coalition of the top NASCAR race teams, in antitrust litigation brought by two race teams challenging NASCAR business practices.
• Successfully argued to defeat class certification in an antitrust case where plaintiffs sought more than $2 billion in damages.
• Won a motion to dismiss a case brought by the Federal Trade Commission alleging that a settlement agreement resolving patent litigation concerning the drug AndroGel® violated the antitrust laws.
• Defeated on a motion to dismiss antitrust claims related to the drug ACTOS® by a putative class seeking hundreds of millions of dollars in damages.
• Won a motion for summary judgment that dismissed all antitrust claims brought against the subsidiary of one of the nation's largest aviation companies.
• Represented a key third-party witness who testified twice at trial in United States v. Google—at both the liability phase and the remedies phase.

Government Enforcement & Investigations

• Regularly represents clients in internal investigations related to, among other things, intellectual property and trade secrets, competition issues and employee theft.
• Represents clients in a range of industries in confidential investigations and enforcement proceedings brought by the Federal Trade Commission, Department of Justice and attorneys general in more than a dozen states.
• Represented a major pharmaceutical manufacturer in negotiating settlements and consent decrees with the Federal Trade Commission and 48 state attorneys general to resolve multibillion-dollar litigation.

Business Advice & Counseling

• Regularly advises clients on strategies to minimize legal risks in all aspects of business.
• Represents a Grammy-winning music group.
• Represents an Emmy-nominated television producer in business matters.

Appellate

• Successfully argued and won a motion to dismiss a False Claims Act matter, which was affirmed on appeal. Phone Recovery Servs. LLC v. Verizon New Jersey Inc. (N.J. Super. Ct. App. Div. 2020).
• Successfully argued for affirmance of an order dismissing a False Claims Act matter on standing grounds. Phone Recovery Servs. LLC v. Verizon of New England Inc., 480 Mass. 224 (2018).
• Obtained an order affirming the dismissal of a False Claims Act matter and denying leave to replead. Phone Recovery Servs. LLC v. Verizon Washington, D.C. Inc., 191 A.3d 309 (D.C. 2018).
• Successfully argued for affirmance of a district court order in an ERISA matter. Solis v. Malkani, 638 F.3d 269 (4th Cir. 2011).
• Successfully obtained an order affirming the dismissal of an ERISA complaint for lack of standing. Malkani v. Clark Consulting Inc., 441 F. App'x 164 (4th Cir. 2011).
• In case of first impression, successfully argued that landowners could not use a routine provision to terminate their oil and gas leases. Koonce v. Chesapeake Exploration LLC, 47 N.E.3d 876 (Ohio App. 2016).
• After being retained on appeal, obtained a reversal of a district court ruling that an oil and gas lease held by the client had terminated for failure to conduct operations, and judgment was entered for the client. Henry v. Chesapeake Appalachia LLC, 739 F.3d 909 (6th Cir. 2014).
• Successfully argued for reversal of a district court order dismissing as untimely a petition for writ of habeas corpus. Terry v. Gaetz, 339 F. App’x 646 (7th Cir. 2009).
• In a case of first impression, obtained ruling that District of Columbia courts, like federal courts, require a plaintiff to allege an injury-in-fact to have standing. Grayson v. AT&T Corp., 15 A.3d 219 (D.C. 2011) (en banc).

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