Fred Nelson is a trial attorney who counsels and represents clients in complex commercial disputes and antitrust litigation in numerous state and federal court venues. Fred is the co-chair of the firm’s Antitrust team.
What do you focus on?
In the area of antitrust, I focus on the defense of claims arising under the Sherman Act and under the California Cartwright Act. I am currently representing Carfax in New York federal district court litigation alleging monopolization and attempted monopolization of the purported U.S. market for vehicle history reports. I recently represented one of the largest forest products companies in the world in the defense of Sherman Act Section 2 monopoly and attempted monopoly claims.
My work also includes complex commercial litigation with experience in many industries including steel, chemical manufacturing, forest products and real estate. I recently represented one of the largest privately owned pest control companies in the world in the successful defense of a class action alleging marketing fraud.
What do you see on the horizon?
I see heightened scrutiny by the Department of Justice with respect to price fixing and alleged cartel activity. This warrants increased vigilance and audits to manage its risk of potential civil and criminal liability.
- Represented a large forest products company in a series of antitrust actions (alleging monopolization and attempted monopolization) pending in the Pacific Northwest.
- Obtained a defense judgment in an antitrust matter involving "tying" in the steel industry.
- Obtained a defense verdict in a malpractice action brought against a major San Francisco law firm after a three-week trial involving a failed real estate development.
- Obtained a defense verdict after a two-week trial in a product liability action involving food-processing equipment.
- Obtained a defense verdict, and multi-million dollar verdict on defendant's cross-complaint, after a four week trial involving claims by a large bank against our client alleging breach of a note and guarantee, and a related cross-claim alleging breach of fiduciary duty.
- Obtained a defense verdict after a four-week trial in an action alleging legal malpractice by a large San Francisco law firm in connection with financing for a large commercial office building.
- Obtained a defense verdict after a three-week trial involving product liability claims against a major manufacturer of weatherable plastic resins.
- Obtained a defense verdict after an eight-week trial involving product liability and fraud claims brought against one of the largest forest products companies in the U.S.
- Obtained a judgment for the defense following a three-month bench trial stemming from claims that a large chemical company had fraudulently marketed its plastic products.
- Obtained a defense verdict following a nine-week trial involving breach of warranty, negligence, and California Business and Professional Code §17200 claims against a manufacturer of composite wood products.