Practice Expertise

  • Antitrust and Competition
  • Business Litigation
  • Antitrust Litigation
  • Antitrust and Consumer Protection

Areas of Practice

  • Antitrust and Competition
  • Antitrust and Consumer Protection
  • Antitrust Litigation
  • Business Litigation
  • Cartel and Criminal Antitrust Defense and ...
  • Civil Antitrust Investigations
  • College Sexual Misconduct
  • Colleges and Universities
  • Commercial Litigation
  • Competition and Consumer Protection
  • Consumer Products
  • Corporate
  • Criminal and Civil Antitrust Investigations
  • Criminal Antitrust Defense and Investigations
  • Foreign Corrupt Practices Act
  • Intellectual Property
  • Litigation
  • Merger Review and Counseling
  • NCAA Athletes
  • Sports and Entertainment
  • White Collar Defense and Internal ...
  • White Collar, Regulatory Defense and ...
  • View More

Profile

Wendell represents businesses and individuals in complex state and federal trial and class action litigation, with particular emphasis in antitrust litigation and investigations, antitrust criminal cartel investigations, white-collar criminal defense, internal investigations, and compliance programs.

Wendell is the managing partner of the firm’s Washington, DC office and a member of the firm’s Competition and Consumer Protection practice. Wendell counsels clients on a full spectrum of antitrust and Foreign Corrupt Practices issues. Wendell’s clients are drawn from a broad range of industries, including retail and consumer products, telecommunications, manufacturing, pharmaceuticals, technology and software, and banking and finance.

Wendell served as Counsel to the Deputy Attorney General of the United States Department of Justice, where he participated in oversight of the Antitrust, Tax and Civil Divisions, as well as the Office of the Pardon Attorney, the Community Relations Service and the United States Parole Commission.

Wendell has extensive trial experience. Wendell served as a Special Assistant US Attorney in the District of Columbia, where he handled all aspects of trial litigation and post-trial motions and arguments. Previously, as a prosecutor in the Richmond Commonwealth Attorney’s Office, Wendell first-chaired dozens of trials.

Committed to pro bono work, he serves as the firm’s coordinating partner for its partnerships with the Clemency Project and with the Federal Public Defender’s Service for the Eastern District of Virginia. Wendell regularly handles protective order hearings for victims of domestic violence in conjunction with Legal Services of Northern Virginia and he obtained a five-figure state court jury verdict on behalf of a tenant in a fraud suit against a notorious Richmond landlord.

Relevant Experience

  • Lead counsel representing international church organization in MDL involving fraud and embezzlement allegations.
  • Represented leading Japanese manufacturer in Department of Justice criminal antitrust investigation of pricing practices.
  • Represented leading Japanese manufacturer in price fixing class action.
  • Defended aerospace company in antitrust action challenging exclusive dealing arrangement.
  • Successfully defended a Fortune 500 pork producer against a putative class of hog farmers in an antitrust class litigation under The Packers and Stockyards Act.
  • Represented integrated oil company against antitrust wage fixing allegations in Todd v. Exxon.
  • Represented an industry-leading manufacturer of horticultural products against alleged vertical restraint on appeal to the Third Circuit Court of Appeals.
  • Defended an industry-leading manufacturer of horticultural products against alleged vertical restraint of trade in the US District Court for the Eastern District of Pennsylvania that resulted in summary judgment in favor of his client.
  • Represented a putative class of processed milk purchasers in an antitrust conspiracy and monopolization action against milk processors and producers.
  • Advised major integrated oil companies on various antitrust and competition related issues.
  • Represented water works company in Federal Trade Commission antitrust anticompetitive practices investigation.
  • Represented one of the world’s largest music companies before the Federal Trade Commission in its $1.9 billion acquisition of the recorded music business of EMI Music. After a Second Request and an extensive investigation, the Federal Trade Commission voted 5-0 to close its investigation without requiring divestitures or other remedies.
  • Represented one of the world’s largest supermarket chains before the Federal Trade Commission in connection with strategic divestitures at grocery assets in the United States.
  • Representing commercial tenant in high-profile lease dispute with a major developer.
  • Conducted FCPA due diligence for a major client’s acquisition target.
  • Conducted an FCPA audit of an industry leading manufacturer of commercial equipment.
  • Developed and conducted a comprehensive antitrust compliance program for a Fortune 500 diversified financial services company's capital markets and municipal finance departments.
  • Represented audit committee of a major company in an internal investigation into alleged fraud by a senior executive.
  • Represented cement and concrete manufacturer in an environmental cleanup dispute.
  • Represented food retailer in breach of contract and intellectual property dispute.
  • Represented several interested third parties in FTC v. Staples and Office Depot.
  • Represented leading food services company in various breach of contract disputes with vendors.
  • Advised a defense contractor on a cooperation agreement with a federal law enforcement service in a joint effort to expose and prevent international espionage and cyber-attacks.
  • Defended an industry-leading telecommunications company against Robinson-Patman Act antitrust claims in the US District Court for the Eastern District of Virginia that resulted in summary judgment in favor of client.
  • Represented a major cigarette manufacturer in litigation involving the United States government regarding manufacturing quality and safety assurances, trade secrets and new product development.
  • Represented an internet/virtual private network company in a misappropriation of trade.

Bar Admissions

  • District of Columbia
  • Virginia

Education
BA, Wake Forest University, Full Athletic Football Scholarship, 1995

Areas of Practice

  • Antitrust and Competition
  • Antitrust and Consumer Protection
  • Antitrust Litigation
  • Business Litigation
  • Cartel and Criminal Antitrust Defense and Investigations
  • Civil Antitrust Investigations
  • College Sexual Misconduct
  • Colleges and Universities
  • Commercial Litigation
  • Competition and Consumer Protection
  • Consumer Products
  • Corporate
  • Criminal and Civil Antitrust Investigations
  • Criminal Antitrust Defense and Investigations
  • Foreign Corrupt Practices Act
  • Intellectual Property
  • Litigation
  • Merger Review and Counseling
  • NCAA Athletes
  • Sports and Entertainment
  • White Collar Defense and Internal Investigations
  • White Collar, Regulatory Defense and Investigations

Professional Career

Significant Accomplishments
  • Representing a putative class of processed milk purchasers in an antitrust conspiracy and monopolization action against milk processors and producers.
  • Successfully defended a Fortune 500 pork producer against a putative class of hog farmers in an antitrust class litigation.
  • Currently conducting a Foreign Corrupt Practices Act audit of an industry leading manufacturer of commercial equipment. Reviewed the company's international business units and contacts with governmental officials. Conducted strategy sessions with managers to provide an overview of the FCPA laws and to begin to develop a tailored compliance program and audit.
  • Developed and conducted a comprehensive antitrust compliance program for a Fortune 500 diversified financial services company's capital markets and municipal finance departments. Met with managers to design the program based on the client's particular needs and to provide them with an overview of the antitrust law and the typical components of an antitrust compliance program. Conducted factual investigation including interviews with company underwriters, financial advisors and trading desk employees. Held meetings with the managers to review the findings from the interviews and to discuss developing a set of antitrust best practices that fit with the company's overall business goals. Developed a company antitrust compliance policy and manual. Conducted trainings for employees based on the best practices embodied in the compliance policy and manual.
  • Represented Universal Music Group before the Federal Trade Commission in its $1.9 billion acquisition of the recorded music business of EMI Music. After a Second Request and an extensive investigation, the FTC voted 5-0 to close its investigation without requiring divestitures or other remedies.
  • Advised a defense contractor on a cooperation agreement with a federal law enforcement service in a joint effort to expose and prevent international espionage and cyber attacks.
  • Represented an industry-leading manufacturer of horticultural products against alleged vertical restraint on appeal to the Third Circuit Court of Appeals.
  • Defended an industry-leading manufacturer of horticultural products against alleged vertical restraint of trade in the U.S. District Court for the Eastern District of Pennsylvania that resulted in summary judgment in favor of his client.
  • Defended an industry-leading telecommunications company against Robinson-Patman Act antitrust claims in the U.S. District Court for the Eastern District of Virginia that resulted in summary judgment in favor of client.
  • Represented a major cigarette manufacturer in litigation involving the United States government regarding manufacturing quality and safety assurances, trade secrets and new product development.
  • Represented an internet/virtual private network company in a misappropriation of trade secrets case through trial in the U.S. District Court for the Eastern District of Virginia and appeal before the U.S. Court of Appeals for the Fourth Circuit.
  • Represented a Fortune 500 pharmaceutical company in a case involving patent infringement, Lanham Act and unfair competition claims.
  • Represented an industry-leading software company in a court-ordered copyright infringement raid against a software distributor.
  • Represented a criminal defendant in a case involving federal Lacey Act and Migratory Bird Treaty Act claims.
  • Obtained a dismissal on the merits on behalf of Fortune 500 companies in cases involving employee theft and fraud.


Professional Associations
  • Member, Dean’s Advisory Committee, University of Richmond School of Law
  • Member, American Bar Association Section of Antitrust Law
  • Member, National Bar Association
  • Member, Military Bowl Board of Directors
  • Past chair, Antitrust Section, Virginia State Bar
  • Past member, Wake Forest University Alumni Council
  • Past member, John Marshall American Inn of Court
  • Past member, Judiciary Committee, Richmond Bar Association
  • Former Bar Grader, Virginia Bar Examination


Articles

  • Private Actions, Compliance and Awareness: Moving Legal Departments from “Red to Black” on Corporate Balance Sheets, Bloomberg Law Reports, Antitrust & Trade
  • Litigation Management: Coping With Life As A Plaintiffs’ Lawyer, The National Law Journal

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