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.
Joined the Law Firm in: 2003
Areas of Practice
Alternative Dispute Resolution
Antitrust & Trade Regulation
Discovery Management & E-Discovery
Government Investigations and Corporate Compliance
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
Litigation Percentage 45%
Advocacy 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)
American Bar Association (Section of Antitrust Law)
State Bar of Michigan (Chairperson, Antitrust, Trade Regulation and Franchising Section, 1999-2000)
The District of Columbia Bar
"Congress Considers Substantial Amendments to the Hart-Scott-Rodino Act", Michigan Trade Regulation, State Bar of Michigan, Antitrust, Franchising, and Trade Regulation Section (5/2000)
"Two Recent Michigan Decisions Define The Scope of MARA Immunity", Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section (5/2000)
"Federal Court Invalidates Provision of Michigan Franchise Investment Law", Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section (Winter 2001)
"Hart-Scott-Rodino Reform Legislation Raises Reporting Threshold - and Filing Fees", Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section (Winter 2001)
"Michigan Adopts Uniform Trade Secrets Act", Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section (8/1999)
"Physician Termination Case Dismissed for Failure to Alleged Properly Defined Relevant Market", Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section (8/1999)
"Franchisor Not Liable for Alleged Discriminatory Acts of Franchisee's Employee", Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section (8/1999)
"Concern Over Kodak Decision May Be Overstated", Franchise Law Journal (Summer 1993)
"Pushing Out the Relevant Geographic Market Envelope", Health Care Notes, American Bar Association, Section of Antitrust Law (Winter 1996)
State Bar of Michigan, Antitrust, Franchising, and Trade Regulation Section, 9/1995 - "Practice Under the Antitrust Improvements Act of 1976, As Amended"
Second Annual Health Care Antitrust Forum, 5/1996 - "United States v. Mercy Health Services: A Case Study in Regional Competition"
State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section, and The Institute of Continuing Legal Education, 1993 - "Trade Marks, Trade Secrets and Covenants Not to Compete"
Institute of Continuing Legal Education, 12/1992 - "Representing Physicians and Their Practices: Joint Negotiations with Payors and Termination of Medical Staff Privileges"
State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section, and The Institute of Continuing Legal Education, 7/1994 - "Product Distribution and Pricing: Proof of Damages in a Vertical Restraints Case"
American Bar Association, Health Law Section and the Section of Antitrust Law, 10/1996 - "Nuts and Bolts of Government Investigations: A View From the Respondents'' Side"
Michigan Health Care Institute, 3/1991 - "Critical Issues in Healthcare Law, Impact of Antitrust Laws"
Michigan Health Care Institute, 10/1991 - "Antitrust and Hospitals: The New Rules"
Professional Activities and Experience
Associate, Mayer, Brown & Platt, Washington, D.C. -- 1986-89
Partner, Honigman Miller Schwartz and Cohn, Detroit, MI -- 1989-2003
University of Michigan, J.D., cum laude University of Michigan, A.B.