FacultyFaculty/Author Profile

Darrell E. Prescott

Baker & McKenzie LLP

New York, NY, USA


Practice description

Darrell Prescott is a member of the Firm’s Global Antitrust Practice Group and the North American Litigation Practice Group in the New York office. He represents clients in civil antitrust litigation, class actions, complex commercial litigation, international arbitrations, distributor relations, Hart-Scott-Rodino issues, and multinational pre-merger approvals. Mr. Prescott has practiced antitrust law and commercial litigation for over 30 years, representing defendants and plaintiffs in cases under Sections 1 and 2 of the Sherman Act; Sections 2, 3, 7, and 8 of the Clayton Act; and Article 101 of the E.U. Treaty. He has also handled internal investigations and compliance matters for both publicly held and private companies.

Mr. Prescott has worked with clients in a myriad of industries, including aircraft, apparel, insurance, automobiles, banking, compressors, farm equipment, food additives, fresh fruit, oil and gas, paper, pharmaceuticals, publishing, real estate and vitamins. He has also handled letter of credit litigation, lender liability litigation, stock appraisal proceedings following cash-out mergers, and Foreign Sovereign Immunities Act litigation.

Representative clients, cases or matters

  • Defense of Hebei Welcome Pharmaceutical Company in 10 U.S. class actions, the first antitrust cases to be brought in the U.S. against companies from the People’s Republic of China.
  • Defense of Baldwin Filters in 57 class actions in the U.S. and Canada alleging restraint in the aftermarkets for vehicle filters.
  • Served as antitrust counsel for two industry groups in connection with their joint efforts to lobby officials of the Chinese government to enforce their intellectual property laws.

Publications, presentations and articles

  • Co-editor of and contributor to "Joint Ventures in the International Arena," Section of International Law of the American Bar Association, Second Edition 2010.
  • Speaks regularly at seminars and conferences.
  • Author of numerous articles in such publications as The National Law Journal, The International Lawyer and the American Bar Association’s International Law News.

Professional affiliations

  • Former Division Chair and Council Member, Section of International Law of the American Bar Association.
  • Member of the New York City Bar Association
  • Fellow of the American Bar Foundation.

Career

Darrell qualified as a partner in Baker & McKenzie’s New York office in 2005. Mr. Prescott came to Baker & McKenzie from Coudert Brothers LLP, where he served as co-chair of that firm’s Global Antitrust Practice.

Awards and rankings

  • Recipient of CLE Award from American Bar Association, Section of International Law, 2004.
  • Listed in Euromoney’s 2014 Guide to the World’s Leading Antitrust and Competition Lawyers.

Education and admission

Mr. Prescott received his J.D. from Harvard Law School in 1975 and his A.B., magna cum laude, from Harvard College in 1971, Phi Beta Kappa. Mr. Prescott is admitted to practice in 1976 in the State of New York; in the United States District Courts for the Southern and Eastern Districts of New York; in the United States Courts of Appeal for the Second and Eleventh Circuits and the Federal Circuit; and in the United States Supreme Court.

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