Mr. Sunshine is recognized as a leading antitrust practitioner and is repeatedly listed in Best of the Best USA as one of the top competition lawyers in the world and in Lawdragon 500 Leading Lawyers in America. He was named to The National Law Journal’s list of “Trailblazers,” which honors lawyers who have advanced their legal practice areas through the use of innovative strategies. He regularly is selected for inclusion in Chambers Global: The World’s Leading Lawyers for Business, Chambers USA: America’s Leading Lawyers for Business, Who’s Who Legal and The Best Lawyers in America, and named as a leading lawyer by Legal 500. Mr. Sunshine was twice named a Law360 MVP in the competition category and named Litigator of the Week by The Am Law Litigation Daily, and repeatedly has been selected as a finalist for Global Competition Review’s Antitrust Lawyer of the Year. The Financial Times report on U.S. “Innovative Lawyers” recognized his work on Sprint v. AT&T as a “Standout” litigation matter.
Mr. Sunshine was formerly deputy assistant attorney general in charge of merger enforcement at the U.S. Department of Justice, Antitrust Division. While there, he supervised interventions in more than 35 proposed transactions, including those in the telecommunications, computer, consumer products, mining and industrial sectors.
Mr. Sunshine has led antitrust representations in numerous M&A transactions, including NXP/Qualcomm; Becton Dickinson/C.R. Bard; Nokia/Alcatel-Lucent; Intel/Mobileye; Cardinal/Fortis; Yahoo!/Verizon; HP/Samsung sale of printers; Broadcom/Avago; Plum Creek/Weyerhaeuser; Freescale/NXP; Anheuser-Busch/Grupo Modelo; Sprint/Clearwire; Air Products/Evonik; SanDisk/Western Digital; Southwest/AirTran; Gilead/Pharmasett; SanDisk/Fusion-io; Rite-Aid/Envision; Cisco/Tandberg; Exelon/Constellation and Pepco; Duke/Progress Energy; Corning/Becton Dickinson Labware; Valeant/Allergan, Medicis and Bausch & Lomb; Jet Aviation/General Dynamics; StorageTek/Sun Microsystems; Actavis/Forest and Warner Chilcott; Rockwood/Elementis; and De Beers/Louis Vuitton.
Mr. Sunshine’s litigation experience includes representing Sprint in its antitrust challenge to AT&T’s acquisition of T-Mobile; defending EnergySolutions in DOJ’s challenge of its proposed acquisition of WCS; representing Bausch & Lomb in a multi-district litigation regarding antitrust challenges to its contact lenses pricing policies; defending Nokia in an antitrust challenge to its IP licensing by Apple; defending Actavis Pharmaceuticals in suits brought by the FTC and private plaintiffs relating to “reverse payment” IP settlements for Androgel; defeating a challenge by private plaintiffs to Anheuser-Busch’s acquisition of Modelo; representing Medicis in a multidistrict litigation relating to life cycle management and patent settlements for Solodyn; representing Actavis/Teva in suits brought by the FTC and private partners relating to Lidoderm; representing Southwest Airlines in securing a dismissal of an antitrust lawsuit challenging its acquisition of AirTran; defending De Beers in connection with national class actions involving gem diamonds; representing Actavis in suits defending patent settlements relating to Lidoderm; representing Energy Transfer Partners in the successful defense of an antitrust class action in the Texas natural gas market; defending a pharmaceutical company CEO in a challenge to an FTC investigation; and defending Hankyu Hanshin Express Ltd. in an alleged price-fixing conspiracy in freight forwarding.
Mr. Sunshine also represents clients in connection with grand jury investigations into allegations of price fixing or other cartel conduct. He has resolved key matters for companies such as De Beers, Corning International KK; Hankyu Hanshin and SGL Carbon, and successfully represented many clients in several investigations that closed without indictment or plea. He also represented Globe Telecom in successfully quashing a grand jury subpoena, ending a Department of Justice criminal investigation.