Layne E. Kruse

Head of Antitrust and Competition, United States

Layne E. Kruse

Houston

T:+1 713 651 5194

F:+1 713 651 5246

Layne Kruse is Head of Antitrust and Competition, United States. He is a member of the Global Supervisory Committee.

In 2013, Layne was named a BTI Client Service All Star in litigation in the US in a survey of more than 240 corporate counsel. Chambers USA 2013 named Layne as a "Star Individual" in antitrust for Texas and said he was "renowned for his work in antitrust and securities litigation...clients praise his 'focused grasp of antitrust policies.'" BTI Consulting Group also named him as a Client Service All-Star in 2011 based on client nominations. In Chambers USA 2012, he was described as "my first port of call for assistance."

Layne concentrates on antitrust and securities litigation, government investigations and regulatory matters, international disputes and other business problems. Certified in Civil Trial Law by the Texas Board of Legal Specialization, he has represented clients in oil and gas production, the marketing of refined petroleum products, health care, insurance, publishing, consumer products, computers, rail transportation and other industries.

Layne has been a first-chair litigator for jury trials, nationwide class actions, injunctions, arbitrations and appeals, representing both plaintiffs and defendants. He has appeared in courts throughout the United States from Florida to Alaska, from Hawaii to New York, and from California to the District of Columbia. Layne is a former judicial clerk to the Chief Judge, US Court of Appeals, Fifth Circuit.

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  • Education

    J.D., Yale Law School
    M.Sc., International Relations, London School of Economics
    B.A., summa cum laude, Economics, Texas A&M University

  • Representative experience

    Antitrust and Competition, Litigation and Enforcement

    • Lead counsel for hospital group sued by a putative class of employees, alleging a conspiracy to suppress wages
    • Defended energy equipment company in dealer terminations in four states
    • Defended energy company against allegations of a nation-wide conspiracy to fix prices of natural gas at the wellhead
    • Lead counsel for manufacturer in litigation with distributor over the location of new distributor
    • Lead counsel for manufacturer of airport passenger boarding bridges in suit by competitor alleging monopolization based on predatory pricing, unfair competition, and tortious interference
    • Lead counsel for gasoline refining company regarding state-wide gasoline price-fixing claim brought in federal court in Hawaii by state attorney general as parens patriae on behalf of all citizens against several refining companies
    • Defended offshore petroleum drilling company, where plaintiffs alleged that defendants conspired to suppress the wages paid to workers in violation of the antitrust laws
    • Lead counsel for a telecommunications company in monopolization, RICO, and tortious interference suit against another telecommunications company
    • Lead counsel for plaintiff cardiac pacemaker manufacturer suing another medical device manufacturer for unfair competition, tortious interference, misappropriation of trade secrets, breach of contract, and attempted monopolization
    • Defended Japanese trading company in ten-week jury trial, where U.S. investors were claiming damages for monopolization, restraint of trade, and tortious interference over control of timber concession in Indonesia, argued appeal before Fifth Circuit and judgment for client affirmed
    • Defended book publisher accused by book retailer of price discrimination and other violations of antitrust laws in favor of larger book retailer
    • Lead counsel for Japanese spark plug manufacturer in suit by U.S. distributor for restraint of trade, fraud, unfair competition, and breach of contract for altering distribution system; jury trial in federal court; argued appeal before Fifth Circuit and judgment for client affirmed
    • Counsel for plaintiff at TRO and preliminary injunction hearing and jury trial for daily newspaper suing another newspaper alleging monopolization and restraint of trade under state antitrust law, unfair competition, and tortious interference
    • Defended gasoline refiner in trial in federal court brought by a terminated wholesale gasoline distributor under Petroleum Marketing Practices Act

    Regulatory, Investigations and Compliance

    • Represented companies in criminal antitrust grand jury investigations in paper products, cable television, chemicals, and telecommunications industries. Most recently, represented healthcare company in criminal antitrust grand jury investigation involving production of thousands of documents and numerous witnesses before grand jury
    • Counseled companies on creation of effective antitrust compliance programs for all levels of management
    • Represented companies in investigations by FTC and the Texas State Attorney General, and most recently represented manufacturer in FTC investigation of the merger of two competitors
    • Defended former officer of federal government-sponsored enterprise for housing in SEC investigation and in related securities litigation
    • Counsel to former employee of financial services firm in CFTC market manipulation investigation
    • Defended energy company accused of human rights violations under Alien Tort Claims Act in operations outside the U.S. based on Foreign Corrupt Practices Act prosecution
    • Led internal corporate investigation on behalf of Board of Directors Audit Committee  into accounting irregularities
    • Counsel for construction company on internal investigation of allegations of bribery of employee of municipal authority
    • Counsel on corporate investigation into possible sales to a sanctioned country in response to U.S. Customs inquiry
    • Led internal investigation on behalf of board of directors of defense contractor accused by "whistleblower" of not complying with manufacturing standards for missile guidance systems
    • Represented energy company in litigation with FTC over its approval authority for divestiture under terms of consent decree
    • Counsel on internal investigations of companies related to possible violations of Foreign Corrupt Practices Act in Africa, the Middle East, and in Central Asia
    • Defended special securities fraud investigator, appointed by Republic of Ireland, who was accused of libel and other torts in U.S. in investigation of Irish company

    Securities Litigation and Other Business Disputes

    • Lead counsel for investment bank accused of improperly setting IPO price in violation of state securities laws
    • Defended directors of selling corporation in derivative action by shareholders for breach of fiduciary duty
    • Lead defense counsel for building supply company in shareholder class action for securities fraud under Rule 10b-5 in federal court
    • Defended officers of gasoline refining company in shareholder derivative litigation
    • Counsel for officers of energy company in effort by minority shareholders to obtain consents to remove management in proxy contest
    • Lead counsel for investor in a toy company sued in federal court in a class action securities fraud action under Rule 10b-5 for alleged insider trading
    • Defended a creditor group of banks in a class action securities fraud claim in California under Rule 10b-5 brought by equity investors in a drilling company
    • Defended national bank and its directors in class action securities fraud case under Rule 10b-5 in federal court
    • Defended oilfield services company in misappropriation of trade secret claim related to the process for plugging wells in the North Sea
    • Lead counsel for energy company before arbitration panel in dispute over obligation of a natural gas processor to process gas from Gulf of Mexico
    • Defended insurance company in state-wide class action by insureds under homeowners policy
    • Lead counsel for non-U.S. energy company in take-or-pay gas contract dispute related to North Sea; claim in excess of a billion dollars based on allegations of tortious interference, fraud, and breach of contract
    • Lead counsel for cardiac pacemaker manufacturer in arbitration with German inventor over terms of patent license under AAA international rules
    • Defended foreign energy company in a dispute over oil concession in Central Asia; allegations of breach of contract, fraud, and other torts with damage claim in excess of one billion dollars
    • Defended computer manufacturer in nationwide class action for alleged misrepresentations to consumers about computer microprocessor
    • Lead counsel for energy company in class action brought by residents in Ecuador for alleged environmental damages and destruction of rainforests as a result of oil drilling
    • Lead counsel for HMO in class action by Texas doctors against HMOs for alleged fraud, breach of contract, and Lanham Act violations
    • Counsel for an energy company at trial and on appeal in dispute over enforcement of right of first refusal to purchase natural gas pipeline
    • Lead counsel in jury trial in federal court for iron and steel processor for breach of contract due to failure to deliver scrap iron to Mexico
    • Lead counsel for petroleum producer in class actions by royalty owners against producers for the alleged failure to notify royalty owners about tax credits

    Pro Bono Criminal Defense

    In 2013, Layne received Justice in Action Award from Texas Defender Service for representation of criminal defendants on death row.  In February 2013 ABA Journal, Layne's pro bono work on capital murder death penalty cases was featured in a cover story.  His pro bono criminal defense work includes:

    • Counsel for Mexican national on death row, convicted of capital murder.  Courts found that client was mentally retarded after ten years of litigation in state and federal courts and is now off death row
    • Counsel for another death row inmate convicted of capital murder where trial court found that client should not be executed because of intellectual disability
    • Counsel for death row inmate in successful argument before Fifth Circuit that new trial should be granted for violation of Sixth Amendment right to jury trial.
    • Counsel for Jewish inmate in federal prison who asserted First Amendment violation for the wrongful denial of Kosher food; argued appeal to the Fifth Circuit, which reversed dismissal of prisoner's case.
  • Professional activities
    • State Bar of Texas - Antitrust and Business Litigation Section, former Chair
    • Texas Association of Certified Civil Trial and Appellate Specialists, former President
    • American Bar Association Antitrust Section (Co-Chair, Chair, Trial Practice Committee; former Chair, Fuel and Energy Committee, Exemptions and Immunities Committee, Ethics and Professionalism Committee) and American Bar Association Litigation Section
    • Fellow in American Bar Foundation, Texas Bar Foundation and Houston Bar Foundation
    • Certified in Civil Trial Law, Texas Board of Legal Specialization
  • Professional honors
    • Chambers USA - Texas Antitrust, Chambers and Partners (2003 - 2013)
    • Chambers USA Star Individual - Texas Antitrust, Chambers and Partners (2013)
    • Client Service All-Star - BTI Consulting Group (2013)
    • Texas Top Rated Lawyer - LexisNexis Martindale-Hubbell (2013)
    • The Best Lawyers in America - Best Lawyers (2005 - 2014)
    • Lawyer of the Year - Texas Antitrust, Best Lawyers (2011)
    • Competition and Antitrust Lawyers - Expert Guides (2012)
    • Litigation and Product Liability Lawyer - Expert Guides (2012)
    • Go-To-Guide - top five Texas antitrust lawyers, Texas Lawyer (2007)
    • PLC's Global Counsel Dispute Resolution Handbook
    • Texas Super Lawyer - antitrust litigation, business litigation, intellectual property litigation, Thomson Reuters (2003 - 2013)
    • Who's Who Legal - Texas competition, Law Business Research Ltd. (2007)
    • Who's Who Legal - competition, Law Business Research Ltd. (2010)
  • Speaking engagements
    • Moderator, Class Actions After Comcast, ABA Antitrust Spring Meeting, Washington, D.C., April 2013
    • Speaker, "Recent Developments and Hot Topics in Class Action Litigation," Fulbright - Class Action Litigation Web Seminar, November 17, 2010
    • Moderator, "7th Annual Litigation Trends Results," Fulbright - Litigation Web Seminar, November 2, 2010
    • Speaker, "Fulbright Forum: Perfect Storm? Privacy, Competition and Cloud Computing," Fulbright - Privacy and Competition Web Seminar, August 3, 2010
    • Speaker, "Reducing Costs of Discovery: Is There Any Hope for Real Rule Reform?" Fulbright - Litigation Web Seminar, June 8, 2010
    • Speaker, "New FTC Market Manipulation Rules for Petroleum Marketing: Successful Navigation through Murky Waters," ABA Petroleum Marketing Attorneys' Meeting, April 2010
    • Speaker, "Business Torts," Texas Association of District Court Judges Annual Meeting, Austin, Texas, April 2010
    • Speaker, "Fulbright Forum: Class Actions: The Latest Issues, Trends and Tips for Corporate Counsel," Fulbright - Class and Group Actions Web Seminar, August 4, 2009
    • Moderator, "New Authority for the FTC: What Market Manipulation Rules Should Be Adopted for the Petroleum Industry," ABA Fuel and Energy Committee Program, May 23, 2008
    • Moderator, "Shareholder Litigation in Texas: A Defendants' Perspective," 4th Annual Advanced Business Law Course, State Bar of Texas, Houston, Texas, October 26 - 27, 2006
    • Panelist, "A Roundtable Discussion of the Foreign Corrupt Practices Act," PriceWaterhouseCoopers Seminar, Houston, Texas, May 2005
    • Panelist, "Problems in Multijurisdictional Litigation," Canadian Corporate Counsel Annual Meeting, Toronto, Canada, April 2005
    • Panel Moderator, "The Cost of Filling Up: Did the FTC Approve Too Many Petroleum Industry Mergers?," ABA Antitrust Spring Meeting, Washington, D.C., March 2005
    • Panelist, "Impact of Sarbanes-Oxley Act on Attorney Conduct Requirements and Whistleblower Protection and Document Retention," ABA Antitrust Section National Teleseminar Series, December 2004
  • Publications

    Layne has authored or co-authored the following:

    • Co-author, "New Antitrust Confidentiality Waiver: Proceed With Caution," Law360, October 25, 2013
    • Co-author, "Supreme Court Further Refines Proof Standards For Class Certification And Ups The Ante For Antitrust Plaintiffs," Fulbright Alert, March 28, 2013
    • Co-author, "Pay-For-Delay Enforcement Heats Up in the Wake of In re K-Dur Antitrust Litigation," Fulbright Briefing, October 16, 2012
    • Co-author, "Third Circuit Finds Pay-for-Delay Settlements Prima Facie Unlawful," Fulbright & Jaworski L.L.P. Briefing, July 19, 2012
    • Co-author, "New Tools for Securities Litigators: Making Effective Use of the Revised Removal & Venue Provisions of the Judicial Code," Securities Litigation Report, March 2012
    • "Supreme Court Further Curtails Private Securities Fraud Suits Against Outside Advisers," Fulbright Alert, June 13, 2011
    • "Supreme Court Vacates Fifth Circuit's Denial of Class Certification in Federal Securities Fraud Suit," Fulbright Alert,June 7, 2011
    • "'Market Manipulation' in the Energy Industry: CFTC, FERC, and FTC," The International Law Firm of Fulbright & Jaworski - Antitrust and Competition, April 2011
    • "The DOJ Strikes Back: Lucasfilm Required to Stop Entering Into Non-Solicitation Agreements with Competing Employers," Fulbright Alert, December 23, 2010
    • "A Practitioner's Guide to Class Actions," Chapter on Antitrust Class Actions, ABA Section, October 2010 and 2012
    • "European Court of Justice Confirms There Is No Privilege for Corporate Counsel in EU Competition Investigations," Fulbright Alert, September 14, 2010
    • "Financial Reform Legislation Establishes New Bureau of Consumer Financial Protection," Fulbright - Financial Reform Task Force White Paper, July 21, 2010
    • "DOJ Finally Prevails - U.K. Executive Extradited to U.S., Albeit to Face Obstruction of Justice and Not Price-fixing Charges," Fulbright Briefing, March 2, 2010
    • "FTC Issues Final Rule Prohibiting Market Manipulation in Crude Oil and Gasoline," International Law Office - Energy and Natural Resources Newsletter, August 24, 2009
    • "Another Signal That the DOJ Is Serious About Antitrust: Payments in Patent Settlements May Be Unlawful," Fulbright Briefing, July 10, 2009
    • "Technology Industry Hiring Practices: New Target for Antitrust Enforcers," Fulbright Briefing, June 10, 2009
    • "FTC Proposes Rule Prohibiting 'Market Manipulation' in the Petroleum Industry," Fulbright Alert, August 18, 2008
    • "A Short Guide to the Prosecution of 'Market Manipulation' in the Energy Industry: CFTC, FERC, and FTC," Global Competition Policy, July 2008
    • "Tying Claims: Market Power Is Not Presumed," Intellectual Property and Antitrust Client Alert, March 2, 2006
    • "Joint Venture Pricing Decisions Not a Per Se Violation of Antitrust Laws," Fulbright Antitrust Update, March 2006
    • Antitrust Guidelines for the Licensing of Intellectual Property: A Reference Guide, published for IP lawyers in Latin America, Spanish and English versions, Latin American Intellectual Property Lawyers Association, November 2005
    • "Claims Under Alien Tort Statute Are Still Alive," International Litigation Update, July 9, 2004
    • "Recent Developments in the Oil and Gas Industry," The Antitrust Review of the Americas, 2004
    • "Salary Surveys and the Sherman Act," ABA Antitrust Section Fuel and Energy Committee Newsletter, Winter 2003
    • "FCPA Compliance a Challenge for U.S. Oil, Gas Companies," Oil and Gas Journal, October 13, 2003
    • "Antitrust Issues in the Energy Industry," The Antitrust Review of the Americas 2003, Global Competition Review, 2003
  • Civic involvement
  • Licenses
    • Texas State Bar License