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Robert G. Kidwell

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Education

  • Georgetown University (JD)
  • University of Kentucky (BA)

Bar Admissions

  • District of Columbia
  • Virginia
  • United States Supreme Court

Rob counsels a broad range of clients on business strategy, M&A, litigation, and regulatory matters.  He specializes in clearly explaining strategic risks and their relative values in order to help senior executives make informed decisions.  Rob provides advice to clients from across the country and around the world, in high-profile matters including:

  • Strategic business planning and risk management
  • Antitrust issues in mergers and acquisitions / second requests
  • Complex litigation (class action and otherwise)
  • Federal and state regulatory investigations
  • Policy advocacy and notice-and-comment rulemaking
  • Appellate review of agency action
  • Trade association counseling
  • Privacy and data security
  • Unfair/deceptive conduct and false advertising 

Rob represents clients in numerous markets, including:

  • Media content and distribution
  • Wireless communications
  • Health care providers and services
  • Life sciences
  • Technology
  • Retail & Consumer Products
  • Trade associations and non-profits

He has written and spoken widely on litigation risk management and cost containment, developments in the law, and on issues faced by businesses when they interact with federal and state enforcers and administrative agencies.

Rob is an active supporter of the firm’s pro bono program, providing representation to numerous indigent clients before the Social Security Administration and in local family and domestic relations courts.  He has provided corporate and business planning advice to the National Network to End Domestic Violence and other non-profit clients.  He is also an active supporter of the firm’s mentoring and sponsorship program.

Prior to his career in the law, Rob was an on-air radio personality and station production director in Lexington, KY.

Representative Matters

       

Mergers and Acquisitions       

  • Represented Partners Healthcare in connection with its acquisitions of three community hospitals and a large physician group
  • Represented CVS in the antitrust aspects of its $27 billion acquisition of Caremark
  • Represented CVS in the antitrust aspects of its $2.7 billion acquisition of Longs Drugs  
  • Represented Qiagen in the antitrust aspects of its $1.5 billion acquisition of Digene
  • Represented a cable company in the first successful FTC clearance of the acquisition of an overbuilt cable system  
  • Represented Bright House Networks in the sale of its interest in wireless spectrum to Verizon. See United States v. Bright House Networks et al., No. 12-01354 (D.D.C. 2013).

Government Investigations (publically disclosable)

  • Represented CVS Caremark in In re CVS Caremark, Inc., Docket No. C-4357 (FTC 2012)
  • Represented Partners Healthcare System in parallel DOJ Antitrust Division and State Attorney General investigations
  • Represented numerous clients in their dealings with the FTC's Bureau of Consumer Protection concerning advertising substantiation and other unfair/deceptive advertising practices. As an example, Rob represented a national drug store chain in an investigation by the Federal Trade Commission into its labeling of a nutritional supplement. Over the course of more than a year, he handled the investigation, negotiated with FTC staff for a significantly narrowed scope of redress, and coordinated a voluntary market withdrawal. He also assisted the manufacturer's counsel with related class action litigation on behalf of the client.

Representative Litigations 

  • In re Capacitors Antitrust Litigation, No. –cv-03264-JD (N.D. Cal.) (2014) (counsel for AVX)
  • Schuten Electronics Inc., v. AVX Corp. et. Al (N.D. Cal. 2015) (counsel for AVX). 

  • Sky Angel v. C-SPAN (D.D.C. 2014 (counsel for C-SPAN, antitrust case resolved on motion to dismiss)

  • In re Cox Communications, Inc. Set Top Box Antitrust Litigation, 2011 WL 6826813 (W.D. Okl. Dec. 28, 2011) (counsel for Cox)
  • Covad Communications Co. v. Bell Atlantic Corp., 398 F.3rd 666 (D.C. Cir. 2005) (counsel for Covad)
  • Jung v. Association of American Medical Colleges, 339 F.Supp.2d 26 (D.D.C. 2004), aff’d, (D.C. Cir. 2006) (unpublished opinion)
  • C-SPAN-FCC, 531 F.3rd 105 (D.C. Cir. 2008) (counsel for C-SPAN)
  • Quest Services Corp v. FCC, 398 F.3rd 666 (D.C. Cir. 2007) (counsel for iBasis)
  • Covad Communications Co. v. FCC, 450 F.3rd 528 (D.C. Cir. 2006) (counsel for Covad)
  • Parsons v. Bright House Networks, No. 09-267 (N.D. Ala.) (counsel for Bright House Networks)

Recognitions & Awards

  • Washington DC Super Lawyers: Rising Star – Antitrust Litigation (2013 – 2014)