Experience
Ed Duckers is the head of the firm's Litigation Practice in California and works out of both the San Francisco and Sacramento offices. His practice encompasses the full range of complex commercial litigation, with particular emphasis on antitrust and competition matters, including class actions and distribution and franchising disputes. Ed has represented clients in the oil and gas sector in matters of price fixing, price discrimination and monopolization claims, royalty litigation, antitrust claims related to natural gas transportation and processing, products liability, gasoline marketing and distribution disputes, and consumer class action challenges to business conduct. In addition, he has represented clients in the timber, coal and pharmaceutical industries in matters involving federal and state antitrust and unfair competition claims. Recently, he has been involved in a great deal of land use and real estate development litigation involving claims under the Interstate Land Sales Full Disclosure Act, state and federal securities statutes, and the California Subdivision Map Act.
Ed is a trial lawyer with extensive jury and bench-trial experience. Over the past 20 years, he has tried close to two dozen cases, ranging from simple single-defendant bench trials to complex multi-defendant jury trials. In addition, Ed has argued appeals in the First, Second, Third, Fifth and Eleventh Circuit Courts of Appeals, and in state appeals courts in New York, Arizona, and California.
His practice also includes antitrust compliance counseling and the representation of clients in merger and other investigations before the Federal Trade Commission and the U.S. Department of Justice. From 1978 to 1985 Ed worked as a Legislative Assistant for United States Senator Robert J. Dole.
Representative Work
- Secured a jury verdict of willful infringement as lead trial counsel for the plaintiff under the Lanham Act.
- Secured a defense-favorable verdict as lead trial counsel for a major resort operator in a combined jury/bench trial on claims brought by the operator of a major ski resort.
- Lead counsel in the jury trial of a multi-defendant antitrust case alleging restraint of trade and monopolization of natural gas gathering and processing markets in east Texas.
- Trial counsel in a 2 ½-month jury trial of a case alleging the existence of a nationwide market allocation conspiracy among the major oil companies.
- Represented a major paper company in a class action alleging a horizontal and vertical conspiracy to fix timber prices.
- Obtained summary judgment in a case alleging vertical restraint of trade and price discrimination in industrial lubricants.
- Obtained summary judgment in a case alleging restraint of trade against management of a general aviation airport.
- Won a directed verdict as lead trial counsel in a two-month jury trial of a case brought by two groups of Quick-Lube franchises, alleging an unlawful tying arrangement and violation of state franchising laws.
- Won a complete defense verdict as lead trial counsel in a jury trial of a suit alleging price discrimination, restraint of trade, and violation of various California competition statutes in Santa Barbara, California.
- Lead trial counsel in the bench trial of class action claiming underpayment of royalty on natural gas production.
- Won successful appeal of an adverse jury verdict finding monopolization in the market for recycled polystyrene resin.
Publications
- Author, "Price Gouging is Easy to Outlaw, Hard to Police," Daily Journal, July 5, 2006
Education
- Georgetown University, J.D., 1985
Georgetown Law Journal
Winner, Beaudry Cup Moot Court Competition
- University of Kansas, B.S., 1981
Admissions
- California
- District of Columbia
- U.S. Courts of Appeals for the First, Third, Fifth Circuits
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