Nora Whitehead is an associate in the White Collar and Antitrust Practice Groups in the Washington, D.C. office of Haynes and Boone, LLP. She concentrates her practice on antitrust and competition issues and international trade matters.
Selected Client Representations
Antitrust and Competition Work
- Represent physician-owned hospital in federal court litigation alleging a Sherman Act Section 1 violation in Dayton, Ohio market
- Assist companies required to file premerger notification with the Federal Trade Commission and Department of Justice under the Hart-Scott-Rodino Act, including advice regarding thresholds and premerger clearance practices in foreign jurisdictions
- Advise major food packaging manufacturer regarding antitrust risks and best practices in light of market structure and current trends
- Counsel major telecommunications and Internet clients on antitrust and competition issues and coordinate their responses to Department of Justice Investigative Demands
- Monitor pre-merger integration planning activities of major telecommunications firm to ensure compliance with antitrust laws and regulations
- Represent individuals in petitions for Department of Justice immunity in criminal antitrust investigations
International Trade Work
- Represent U.S. manufacturers and foreign respondents in connection with Department of Commerce antidumping and countervailing duty investigations and annual duty reviews, including representation before the International Trade Commission
- Represent U.S. companies in appeals of import relief before the Court of International Trade, including complex briefing and oral argument
- Advise international company regarding risks and best practices under the U.S. Foreign Corrupt Practices Act
- Prepared petition and briefs in countervailing duty investigation of Chinese subsidy practices
- Won import relief for sole remaining U.S. manufacturer of high pressure steel cylinders, with penalty duties imposed on dumped and subsidized imports from China
- Counseled Indian steel company regarding sample sales in the context of antidumping and countervailing duty reviews
- Counseled reprocessing and recycling trade association regarding implications of proposed export bill under international trade law
Pro Bono Work
- Manage award-winning office pro bono program and partnerships with various local nonprofit organizations, including the D.C. Bar Advocacy & Justice Clinic
- Represented an Ethiopian immigrant in her divorce and custody action in the Superior Court of the District of Columbia
- Helped draft appellate brief addressing key service of process, governmental immunity, and Indian tribal immunity issues as requested by the Tenth Circuit
- Served on the pro bono team that challenged a New York City executive order regarding the funding and structure of the city's indigent defense system
- Secured permanent asylum for an Iranian journalist imprisoned and tortured by the Iranian government
- "Corrupt Intent Under the New Guide to the FCPA: Designing Best Practices in the Face of Continued Uncertainty," Bloomberg Law, July 10, 2013.
- "Sprint's Effort to Block the Proposed Merger Between AT&T and T-Mobile as a Merger-to-Monopsony: A New Addition to an Often-Overlooked Area of Antitrust Law," Antitrust & Trade Regulation Report, The Bureau of National Affairs, Inc., May 25, 2012.
- 2010 Annual Review of Antitrust Developments, Contributor, American Bar Association Section of Antitrust Law, Trial Practice Committee, 2011.
- "Medicare & Medicaid Benefit Portability as a Potential Cost-Saving Measure for U.S. Healthcare," the NALS magazine for legal professionals, Fall 2009, Vol. 58, Issue 2.
- "Critical Issues in Offshore Outsourcing," Co-author with Milton Whitfield, Executive Counsel Magazine, July/August 2008, Vol. 5, No. 4.
Selected Representative Experience
Innovative Mag-Drive, LLC Acquisition
Represented Flowserve US Inc. in its acquisition of Innovative Mag-Drive, LLC d/b/a Innomag, a manufacturer of advanced sealless magnetic drive centrifugal pumps.
Wood Group E & PF Holdings, Inc. in the Acquisition of Elkhorn Holdings, Inc.
Represented Wood Group E & PF Holdings, Inc. in the acquisition of Elkhorn Holdings, Inc., an S-Corporation which was 100 percent owned by an employee stock ownership plan and trust in its acquisition of all of the common stock pursuant to a purchase of shares and a redemption of shares by the target corporation.
Represented CD Listening Bar, Inc. d/b/a Super D in its acquisition of Alliance Entertainment Holding Corporation, a multimedia wholesale distributor.
Antidumping and Countervailing Duty Investigations of High Pressure Steel Cylinders from China, Int'l Trade Comm'n Inv. Nos. 701-TA-480 and 731-TA-1188; Dep't of Commerce Case Nos. A-570-977 and C-570-978
Helped obtain a unanimous final affirmative antidumping and countervailing duty determination from the ITC on behalf of Texas company Norris Cylinder Company, a subsidiary of diversified manufacturer TriMas Corporation. The ITC found that Norris was injured by cylinders subsidized by the government of China and dumped into the U.S. market by producers in China.
Antitrust Counseling in Proposed Telecommunications Acquisition
Represented AT&T before the DOJ and FCC on antitrust matters related to proposed acquisition of T-Mobile USA, including pre-merger integration counseling and planning.
07/19/2013 - Corrupt Intent Under the New Guide to the FCPA: Designing Best Practices in the Face of Continued Uncertainty
Last November, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) published joint, non- binding guidance on the U.S. Foreign Corrupt Practices Act (FCPA).
01/18/2013 - Hart-Scott-Rodino Act: Annual Jurisdictional Thresholds Revisions
The Federal Trade Commission (FTC) announced its annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) jurisdictional thresholds effective on February 11, 2013.
05/25/2012 - Sprint’s Effort to Block the Proposed Merger Between AT&T and T-Mobile as a Merger-to-Monopsony: A New Addition to an Often-Overlooked Area of Antitrust Law
In its Clayton Act § 7 challenge to the proposed merger between AT&T and T-Mobile, Sprint included a novel argument regarding the proposed transaction’s effect on its access to wireless handsets and, thus, its continued viability as a competitor in the wireless services market.
08/15/2009 - Medicare & Medicaid Benefit Portability as a Potential Cost-Saving Measure for U.S. Healthcare
For some - especially those in U.S. border states such as California, Arizona, and Texas - Mexico is a desirable retirement destination where they can receive premium medical care, enjoy an enviable quality of life, and remain close to their children and grandchildren for half the cost of retiring in the United States. However, the move to Mexico is not a simple one for older Americans, and the availability of health insurance is a determinative factor in choosing whether to retire outside of the United States...
07/15/2008 - Critical Issues in Offshore Outsourcing
Reprinted with permission from Executive Counsel. Haynes and Boone partner Milton Whitfield co-authored an article focusing on the increasingly attractive option of offshore outsourcing, the risks involved, and recommended due diligence.