Howard B. Iwrey, a Dykema antitrust and trade regulation attorney with more than 25 years experience, represents companies from a broad range of industries including automotive, health care, technology, defense, commercial finance, sports, art publishing, utilities, retail, consumer appliances, electronics and investment services. Mr. Iwrey is the leader of the Firm's Antitrust and Trade Regulation and Securities Litigation practices and is a member of the Firm's E-Discovery Group.
Clients such as Morgan Stanley Smith Barney, LLC, UBS, AG, Bank of America Corporation, Arctic Glacier Inc., Whirlpool Corporation, Toyota Financial Services, Freudenberg-NOK General Partnership, Inoac Corp., Lear Corp., Crest Foam Industries, Inc., Arctic Glacier, Real Estate One, Inc., BP Solar International, Inc., Oakwood Healthcare System and Thomas Kinkade Company depend on Mr. Iwrey's assistance in antitrust litigation, securities arbitration, and franchising advice and litigation.
Mr. Iwrey has been involved in a number of significant law suits and grand jury investigations, involving all aspects of antitrust law, including tying, price discrimination, monopolization, price fixing, bid rigging, market allocation, vertical restraints and mergers. Mr. Iwrey represents a number of companies in connection with the United States Department of Justice investigation into potential anticompetitive practices in the automotive industry, and related class actions.
Mr. Iwrey also represents many health care systems in connection with recent cases filed by the U.S. Department of Justice and other private plaintiffs challenging a health insurer's provider contract provisions. In another recent major case, he successfully obtained a dismissal of a suit against a hospital brought by physicians who alleged that termination of their medical privileges violated federal antitrust laws. The case set important precedent because it furthered the ability of the hospital to monitor the quality of its medical staff. The case was dismissed at a very early stage, thus avoiding costly discovery.
Mr. Iwrey has also helped health care clients structure innovative arrangements, including pioneer accountable care organizations, on the leading edge of health care reform efforts mandated by the Patient Protection and Affordable Care Act.
Mr. Iwrey represents a number of major Wall Street firms in arbitration before the Financial Industry Regulatory Authority (FINRA, formerly known as NASD). These matters involve complex securities, tort and antitrust issues. Mr. Iwrey's success in achieving favorable conclusions to these disputes has strengthened the Firm's ability to recruit quality registered representatives. Mr. Iwrey is nationally recognized in handling disputes known as "raiding" cases.
Mr. Iwrey recently successfully defended a major Wall Street firm in a case alleging that it "raided" a competitor's top brokers and "spoliated" critical evidence. In this case, Mr. Iwrey won a rare motion to dismiss the "raiding" claim prior to the merits hearing, employing sophisticated forensics analysis to trace and recover the allegedly destroyed files.
Through his experience with the largest types of cases and governmental investigations, Mr. Iwrey has developed particular skills in discovery management. Through the implementation of aggressive negotiations, motions, electronic data filtration and prioritization techniques, review protocols, detailed training of reviewer teams and sophisticated monitoring analytics, Mr. Iwrey has saved clients millions of dollars in discovery management costs.
Mr. Iwrey authors a number of articles on regulatory matters and legal decisions. Mr. Iwrey also addresses audiences at trade associations and educational and legal forums, and has provided antitrust compliance training to clients in a wide range of industries. Mr. Iwrey is also a former Chairperson of the State Bar of Michigan Antitrust, Franchising and Trade Regulation Section.
EducationUniversity of Michigan, J.D., cum laude University of Michigan, A.B.
Areas of Practice
Alternative Dispute Resolution | Antitrust & Trade Regulation | Discovery Management & E-Discovery | Franchise Services | Government Investigations and Corporate Compliance | Health Care | Litigation | National Trial Team | Non-Compete, Unfair Competition and Trade Secrets | Specialized Litigation & Advanced Motion Practice Team | Trade Secret & Noncompete Litigation | White-Collar Criminal Defense & Government Investigations
Significant AccomplishmentsAdvocacy Organization for Patients and Providers v. Mercy Health Services, 987 F.Supp. 967 (E.D. Mich. 1997)
Aurora Gas Co. v. Presque Isle Gas & Elec. Co-Op, 1996 WESTLAW 627399, Util. L. Rep. ¶14,119 (CCH) (E.D. Mich. 1996)
Baum Research and Development Co., Inc. v. Hillerich & Bradsby Co., Inc., 31 F.Supp.2d 1016, 1999-1 Trade Cases P 72,468 (E.D. Mich., Nov. 19, 1998)
Beyer v. LakeView Community Hospital, 75 Antitrust and Trade Reg. Reptr. 11 (W.D. Mich. 1998), aff'd, No. 98-1813, slip op., (6th Cir. Jul. 26, 1999)
Dry Cleaning & Laundry Inst. of Detroit, Inc. v. Flom's Corp., 841 F.Supp. 212 (E.D. Mich. 1993) and 841 F.Supp. 212 (E.D. Mich. 1993)
Health First, Inc. v. Bronson Methodist Hospital, 1990-2 Trade Cas. (CCH) ¶60,200 (W.D. Mich. 1990)
Helmac Products Corp. v. Roth (Plastics) Corp., 150 F.R.D. 563 (E.D. Mich. 1993) and 814 F.Supp. 560 (E.D. Mich. 1992)
In re Baseball Bat Antitrust Litigation, 75 F.Supp.2d 1189 (D.Kan. 1999)
In re Motorsports Merchandise Antitrust Litigation, 112 F.Supp.2d 1329 (N.D.Ga. 2000) and Trade Cas. (CCH) ¶72,524 (N.D.Ga. 1998)
Kerasotes Michigan Theatres, Inc. v. National Amusements, Inc., 139 F.R.D. 102 (E.D. Mich. 1991)
Moses v. Business Card Express, Inc., 929 F.2d 1131 (6th Cir. 1991), cert. denied, 502 U.S. 821 (1991)
Ruffin v. DePasse, 17 F.Supp.2d 699 (E.D. Mich. 1998)
United States v. Mercy Health Services, 902 F.Supp. 968 (N.D. Iowa 1995)
Virtual Maintenance, Inc. v. Prime Computer, Inc., 995 F.2d 1324 (6th Cir. 1993) and 11 F.3d 660 (6th Cir. 1993)
Professional Activities and ExperienceAssociate, Mayer, Brown & Platt, Washington, D.C. -- 1986-89
Partner, Honigman Miller Schwartz and Cohn, Detroit, MI -- 1989-2003
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