Phillip Zane, of counsel in the Washington, D.C., office, concentrates his practice in the regulation of competition and trade. He represents clients from around the world in criminal and civil litigation and investigations relating to antitrust matters, fraud, money laundering, foreign asset control, public corruption and national security issues. He represents plaintiffs and defendants in commercial litigation involving antitrust, breach of contract and business torts. Mr. Zane counsels clients on the full range of antitrust issues, including premerger notification and investigation, pricing and distribution policies, information exchange and joint ventures. He advises clients on issues relating to consumer protection, including compliance with regulations relating to advertising, warranties and other consumer protection issues. Mr. Zane's practice includes conducting compliance programs and analyzing litigation risk for businesses and investors.
Mr. Zane's representations have included matters in which hundreds of millions of dollars rested on the outcome. He has represented individuals suspected of criminal violations such as price fixing, bid rigging, fraud and obstruction of justice. He has conducted confidential internal investigations of alleged price fixing, bid rigging, fraud, public corruption, money laundering and violations of OFAC regulations concerning activity in the United States and elsewhere, including Austria, Belgium, Bermuda, Canada, China, Cuba, Egypt, France, Germany, Iran, Italy, Japan, Lesotho, Liechtenstein, Nigeria, Oman, Saudi Arabia, Spain, Sweden, Switzerland, Turkey, and the United Kingdom. His experience includes negotiating with senior officials in the Antitrust Division of the U.S. Department of Justice in criminal and civil cases, and assisting in the preparation of arguments made before the Competition Directorate General of the European Commission.
Mr. Zane is a frequent contributor to professional journals, particularly in the areas of antitrust and criminal procedure, and often lectures on those and other topics.
Mr. Zane is proficient in reading and speaking Swedish and Russian, and reading German, Polish and Spanish. He has reading knowledge of other Slavic, Germanic, and Romance languages.
- "Skirting The Constitutional Question In Criminal Fines," Law360 (April, 2012)
- "One Court's Cynical View Of The Legislative Process," Law360 (June 10, 2011)
- "The Year Ahead In Antitrust Enforcement," Law360 (January 14, 2011)
- Co-author – "Obama's Antitrust Stimulus: The First Six Months" (with John Calender and Alex McIntyre), Law360 (August 26, 2009)
- Co-author – "Look Who’s Listening Now: New statutory authority means the Antitrust Division may be using wiretaps" (with John Calender), Legal Times (March 19, 2007)
- "A Cost-Benefit Analysis of Antitrust Compliance Programs" (with R.E. Hauberg), Presented at ABA Section of Antitrust Law Spring Meeting (March 30, 2006)
- Co-author – "Small Doesn’t Mean Safe" (with John Calender), Legal Times (March 20, 2006)
- Contributor, ABA Section of Antitrust Law, Criminal Antitrust Litigation Handbook (2d ed. 2006) (Chapter 15)
- "Multinational Antitrust Investigations: Multiple Representation and Other Counseling Issues – Hypothetical" (with R.E. Hauberg), Presented at ABA Annual Meeting (August 7, 2005)
- Booker Unbound: How the New Sixth Amendment Jurisprudence Affects Deterring & Punishing Major Financial Crimes & What to Do about It, 17 Fed. Sentencing Rep. 263 (2005)
- Quarterly reports published in Developments in National Competition Laws: United States of America (with D.C. Klawiter), 52 Wirtschaft und Wettbewerb 292, 621, (2004) (4th Qtr. 2003-2nd Qtr. 2004), 53 Wirtschaft und Wettbewerb 276, 624, 924, 1303 (2003) (4th Qtr. 2002-3rd Qtr. 2003), 52 Wirtschaft und Wettbewerb 260, 597, 860, 1196 (2002) (4th Qtr. 2001-3rd Qtr. 2002), 51 Wirtschaft und Wettbewerb 272, 584, 852, 1214 (2001) (4th Qtr. 2000-3rd Qtr. 2001), 50 Wirtschaft und Wettbewerb 276, 732, 883, 1220 (2000) (4th Qtr. 1999-3rd Qtr. 2000), 49 Wirtschaft und Wettbewerb 264, 598, 872, 1202 (1999) (4th Qtr. 1998-3rd Qtr. 1999), 48 Wirtschaft und Wettbewerb 256, 583, 856, 1190 (1998) (4th Qtr. 1997-3rd Qtr. 1998)
- The Price Fixer's Dilemma: Applying Game Theory to the Decision of Whether to Plead Guilty to Antitrust Crimes, 48 Antitrust Bull. 1 (2003)
- Contributor, ABA Section of Antitrust Law, Antitrust Law Developments (5th ed. 2002) (Chapter 1)
- Contributor, ABA Section of Antitrust Law, Handbook on Antitrust Grand Jury Investigations (3d ed. 2002) (various sections)
- "Are Post-Expiration Royalties a Thing of the Future?" AT-IP Report (Dec. 20, 2002)
- "To Plead Or Not To Plead?" Presented at Antitrust Section of State Bar of Georgia Spring Meeting (May 16, 2002)
- "Initiating the Damage Action," Presented at ABA International Forum 2002: Cartel Workshop (Jan. 31, 2002)
- The Vitamins Litigation in the United States: Case Study of an Antitrust Class Action (with J.M. Joshua), In-House Lawyer, March 2001, at 86
- "Developments in Section 1 Enforcement," Presented at ABA Section of Antitrust Law Spring Meeting (Apr. 6, 2000).
- Does NYNEX Limit Kodak?, Sherman Act Almanac (ABA, Chicago, Ill.), Spring 1999, at 3
- Statement of the ABA Section of Antitrust Law on Discon v. NYNEX, 66 Antitrust L.J. 853 (1998) (decision subsequently reported as NYNEX Corp. v. Discon, Inc., 525 U.S. 128 (1998)
- Antitrust Issues in Blood Banking and Transfusion Medicine (with J.M. Rich), Emerging Legal Issues in Blood Banking & Transfusion Medicine 119 (K.S. Lipton & E.L. Wolf eds., 1998)
- "Antitrust Armageddon or Vapor-Vendetta?" (with R.N. Dreben & J.M. Rich), 2 Intellectual Capital.com 4 (Nov. 20, 1997)
- "Antitrust for a Disaggregated Electric Industry," (with S. Mahinka), Presented at How to Disaggregate: Legal Issues in Electric Utility Restructuring Workshop, Vail, Colo., Sept. 13, 1996
- An Interpretation of the Jurisprudence of Chief Justice Warren Burger, 1995 Utah L. Rev. 975
- Innovation Policy and Antitrust Enforcement: The 1995 Antitrust Guidelines for the Licensing of Intellectual Property (with R.E. Bloch & S.P. Perlman), Antitrust Rep., June 1995, at 10
- Published review of Essays on English Law and the American Experience (Elisabeth A. Cawthon & David E. Narrett eds., 1994), 14 Law & Hist. Rev. 402 (1996)
- "Lawyers & Economics: Competition, Efficiency, and the Rule of Reason in the Formative Era of American Antitrust Law," Presented at the N.Y.U. Legal History Colloquium, Apr. 24, 1991
- Published review of Don Herzog, Happy Slaves: A Critique of Consent Theory (1989), 17 N.Y.U. Rev. L. & Soc. Change 347 (1990)
- Listed in Washington, D.C. Super Lawyers in Criminal Defense: White Collar Law (2012)
- Recipient – Baker Donelson's Washington, D.C., Office Pro Bono Award (2010, 2011)
- Law Clerk to the Honorable Morris S. Arnold, Circuit Judge, U.S. Court of Appeals for the Eighth Circuit (1993 – 1994)
- Secretary & Counsel – Arthur F. Burns Fellowship Program, Inc. (1998-present)
- Member, Board of Directors – Arlington Montessori Action Committee
- Member – American Bar Association, Section of Antitrust Law (Vice-Chair, Sherman Act Section 1 Committee, 1999 – 2001; member Antitrust History Task Force, 2005 – 2006)
- Member – American Economic Association
- Illinois (1991)
- District of Columbia (1996)
- United States Supreme Court
- United States Courts of Appeals: Seventh, Eighth, Ninth and Federal Circuits
- United States District Courts: Northern Illinois, Maryland, District of Columbia
- New York University School of Law, J.D., 1991, cum laude
- Thomas J. Watson Fellow, 1983-1984
- Pomona College, B.A. (Economic History), 1983