Darryl Wade Anderson
Norton Rose Fulbright US LLP
Darryl Wade AndersonvCard
Related services and key industries
- Antitrust and competition
- Class actions
- Corporate governance
- Securities litigation, regulation and enforcement
- Litigation and disputes
Darryl Anderson joined the Houston office in 1999. As a partner, his practice focuses on antitrust and competition litigation and investigations, as well as a range of other complex business litigation matters, including RICO, health care litigation, securities litigation, and other general corporate disputes. In the antitrust space, Darryl has represented both plaintiffs and defendants in complex antitrust matters involving claims of monopolization and conspiracy, as well as in responding to government investigations both national and international in scope. He has also advised clients on a range of corporate governance matters, including options backdating litigation and whistleblower litigation arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
In addition, Darryl has represented clients defending nationwide and state-wide class actions in cases involving antitrust and RICO claims, insurance claims, and oil and gas royalty issues, and has represented government contractors in suits under the False Claims Act. In the life sciences and health care industries, Darryl has defended major pharmaceutical clients against RICO class actions and has litigated multiple disputes for a health care provider in connection with its provision of Medicaid services under a state managed care contract.
Previously, Darryl served as a law clerk for the Honorable R. Lanier Anderson III, Chief Judge, US Court of Appeals 11th Circuit.
JD, cum laude, Harvard Law School, 1998
AB, magna cum laude, Political Science and Economics, Duke University, 1995
While attending law school Darryl was a member of Harvard Law Review. He was admitted to practice law in Texas in 1998 and is also admitted in the U.S. Court of Appeals for the 5th and 11th Circuits and in the Southern, Eastern and Western Districts of Texas.
- Texas State Bar
Darryl's significant experience includes:
- Lead counsel defending managed care health plan providing Medicaid services in Texas in dispute with medical equipment supplier alleging breach of contract in termination of provider from the health plan's provider network. The case was tried to an arbitrator over multiple days and resulted in the arbitrator's denial of plaintiff's contractual claims and awarding damages on our client's counterclaims.
- Co-lead counsel for major health care provider defending allegations in multiple suits alleging monopolization and conpsiracy claims under federal antitrust laws, brought by the operator of a competing hospital and a health insurance company. In one suit, the district court granted a motion to dismiss and the case is currently on appeal. A second suit remains pending.
- Lead counsel defending industrial corporation in class action brought by contractor employee alleging RICO and other federal statutory claims. The district court granted a motion to dismiss and the case is currently on appeal.
- Lead counsel defending managed care health plan against claims by Medicaid recipients that our client was obligated to continue providing services from plaintiffs' preferred provider, regardless of network status, pursuant to the plan's contract with the State of Texas. After five days of testimony at a temporary injunction proceeding, the court denied plaintiffs' request for an injunction and dismissed the case in its entirety. The case is currently on appeal.
- Co-lead counsel for international pharmaceutical company in class action alleging violations of RICO in connection with marketing of drug. The case is ongoing.
- Co-lead counsel for international pharmaceutical company in class action alleging violation of state consumer protection law and common law claims in connection with marketing of drug. The district court granted a motion to dismiss and the case is currently on appeal.
- Counsel for nationwide movie theatre company in multiple antitrust lawsuits alleging conspiracy and/or monopolization brought by competitors. The cases are ongoing.
- Lead counsel for defendant international energy services company in suit brought by competitor alleging unfair competition, theft of trade secrets, conspiracy, and related claims. The case was dismissed on forum non conveniens grounds.
- Lead counsel for defendant medical equipment manufacturer in class action involving more than 50,000 class members alleging violations of federal Telephone Consumer Protection Act; case settled on favorable terms and final approval of the court has been granted.
- Counsel for international pharmaceutical company in antitrust litigation arising out of settlement of patent claims between branded and generic drug manufacturers. The case is ongoing.
- Counsel for hospital group sued by a putative class of employees, alleging an antitrust conspiracy to suppress wages. The court denied class certification and the case subsequently settled on favorable terms.
- Counsel for defendant international energy company in fraudulent transfer litigation arising out of bankruptcy of former subsidiary, in which litigation trustee sought in excess of $1.5 billion; after successfully obtaining summary judgment on primary claims, case settled on favorable terms.
- Lead counsel for defendant in a contract dispute in which plaintiff refused receipt of shipment of sulfuric acid; after obtaining transfer order, case settled on favorable terms.
- Lead counsel for defendant energy trade association in commercial dispute with contractor; after filing a motion to dismiss, plaintiff non-suited the case
- Lead trial counsel on behalf of special servicers in a number of matters involving defaulted commercial real estate loans, in connection with commercial mortgage-backed securities.
- Defeated class certification in federal Investment Advisers Act lawsuit against leading Wall Street investment management firm involving allegations of undisclosed amounts of markups and markdowns on bond transactions.
- Counsel for defendant insurance company and members of its board of directors in shareholder class action and derivative litigation arising out of allegations of stock option backdating; parties reached a favorable settlement.
- Counsel for manufacturer of chemical analysis equipment in an investigation of stock option dating practices conducted by the SEC.
- Counsel for defendant rent-to-own retailer in securities class action; after obtaining partial dismissal, case settled on favorable terms.
- Counsel for defendant manufacturer of Army vehicles in a qui tam whistleblower suit filed under the False Claims Act; district court granted summary judgment on all of relator's claims, the Fifth Circuit affirmed, and the U.S. Supreme Court denied certiorari.
- Counsel for defendant insurance company in settlement with Texas Attorney General and Texas Department of Insurance, and counsel in parallel state-wide class actions.
- Counsel for natural gas transporter in contract dispute with gas processor; case was arbitrated, and an award in favor of our client was confirmed by the state district court after a contested proceeding.
- Counsel for major hospital corporation in suits by competing hospitals and physicians alleging a variety of claims including qui tam False Claims Act allegations, tortious interference, and antitrust claims, among others; cases have all been dismissed or favorably settled.
- Advocated on behalf of state association of real estate brokers before state agency concerning antitrust implications of proposed regulation.
- Texas Super Lawyer, antitrust litigation, Thomson Reuters, 2013 – 2020
- Texas Rising Star, antitrust litigation, Thomson Reuters, 2004 – 2013
- Lawyers on the Fast Track, H Texas Magazine, Bayou City Publishing, 2004
- Legal 500 US, Recommended Lawyer, Antitrust: Civil Litigation / Class Actions, The Legal 500, 2015 – 2017; 2019, 2021-2022
- Legal 500 US, Recommended Lawyer, Product liability, mass tort and class actions – defense: pharmaceuticals and medical devices, The Legal 500, 2022
- Legal 500 US, Recommended Lawyer, Antitrust: Merger Control, The Legal 500, 2019
- Co-author, "A Practitioner's Guide to Class Actions," 3d ed., ABA Tort, Trial, and Insurance Practice Section, American Bar Association, forthcoming 2021
- Co-editor, "Antitrust Class Actions Handbook," 2nd ed., ABA Section of Antitrust Law, American Bar Association, February 2018
- Book review, Discusses the new edition of the Antitrust Class Actions Handbook, "Antitrust Class Actions Handbook," 2nd ed., 2018
- Co-author, "Statistical Proof in FLSA Classes: Supreme Court Allows Representative Evidence, Employee Benefit Plan Review, July 2016
- Author, "Will the Supreme Court's holding in AU Optronics lead to more state court antitrust lawsuits?," Norton Rose Fulbright – Legal Update, February 10, 2014
- Co-author, "Supreme Court holds pay-for-delay subject to antitrust scrutiny but not presumptively unlawful," Norton Rose Fulbright - Legal Update, June 18, 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, "Supreme Court Issues Two Key Securities Law Decisions," Fulbright Alert, February 28, 2013
- Co-author, "Awake from the 'Nightmare': Lessons Learned from the Courts in Addressing E-Discovery," The Trial Practice Committee Newsletter (Antitrust Trial Practice), Winter 2013
- Co-author, "Government's Burden to Prove Facts Underlying Criminal Fines Is Heightened," Fulbright Briefing, June 25, 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
- Co-author, "Analysing the Federal Courts Jurisdiction and Venue Clarification Act of 2011," Commercial Dispute Resolution, February 2012
- Co-author, "Clarifying the Judicial Code: Revisions to Federal Court Removal, Venue, and Jurisdiction Laws," Fulbright Alert, January 5, 2012
- Co-author, "Delaware Chancery Court Grants $305 Million Fee Award in Stockholder Dispute," Fulbright Briefing, December 30, 2011
- Co-author, "Is Your Vendor Blowing the Whistle? Managing Third-Party Relationships Post-Dodd-Frank," Fulbright - Financial Reform Task Force, October 5, 2011
- Co-author, "Creditors of Insolvent LLCs Lack Standing to Sue Derivatively in Delaware," Fulbright Briefing, September 15, 2011
- Co-author, "Corporate Governance At-A-Glance," The International Law Firm of Fulbright & Jaworski - Corporate Governance, August 17, 2010
- Co-author, "Financial Reform Legislation Establishes New Bureau of Consumer Financial Protection," Fulbright - Financial Reform Task Force, July 21, 2010
- Co-author, "Financial Reform Legislation Expands Liability for Violations of Securities Laws," Fulbright - Financial Reform Task Force, July 20, 2010
- Co-author, "Supreme Court Holds NFL Intellectual Property Licensing Decisions Subject to Antitrust Scrutiny," Fulbright Alert, May 24, 2010
- Co-author, "Supreme Court Endorses Multi-Factor Review for Challenges to "Excessive" Investment Advisory Fee Claims," Fulbright Alert, March 31, 2010
- Co-author, "Impact of Recent Competition Law Decisions on the Conduct of International Business Operations in the Energy Sector," Oil, Gas & Energy Law Intelligence, February 2010
- Editor, Energy Antitrust Handbook (2d ed. 2009), American Bar Association, Antitrust Section
- Co-author, "Corporate Governance At-A-Glance," The International Law Firm of Fulbright & Jaworski - Corporate Governance, July 10, 2009
- Co-author, "Another Signal That the DOJ Is Serious About Antitrust: Payments in Patent Settlements May Be Unlawful," Fulbright Briefing, July 10, 2009
- Co-author, "Corporate Governance At-A-Glance," Corporate Governance Newsletter, April 20, 2009
- Co-author, "Corporate Governance At-A-Glance," The International Law Firm of Fulbright & Jaworski - Corporate Governance, March 9, 2009
- "Supreme Court Rejects Antitrust Liability for 'Price Squeezes'," Fulbright Briefing, February 2009
- Co-author, "Corporate Governance At-A-Glance," The International Law Firm of Fulbright & Jaworski - Corporate Governance, September 5, 2008
- Co-author, "D.C. Circuit Reverses Denial of Preliminary Injunction in Whole Foods-Wild Oats Merger Case," Fulbright Alert, July 2008
- Co-editor, Antitrust Law Developments (6th ed. 2007), American Bar Association, Antitrust Section
- Co-author, "Full-Service Hospitals' Ability to Offer Bundled Discounts Enhanced by Ninth Circuit," Fulbright Briefing, September 2007
- Co-author, "Supreme Court Endorses Rigorous Pleading Requirements For Securities Fraud Claims," Fulbright Alert, June 2007
- "Supreme Court Endorses Strict Application of Pleading Requirements for Antitrust Conspiracy Claims," Fulbright Briefing, May 2007
- Co-author, "Congress Watch: What Are The New Antitrust Energy Proposals?" Fulbright Alert, March 2007
- "U.S. Supreme Court Holds Predatory Bidding Antitrust Claims Judged Under Same Standards as Predatory Pricing Claims," Fulbright Alert, February 2007
- Co-author, "Tying Claims: Market Power is Not Presumed," March 2006
- Co-author, "Joint Venture Pricing Decisions Not a Per Se Violation of Antitrust Laws," Antitrust Update, March 2006
- Author, "Minimum Service Requirements in Real Estate Brokerage: A Response to Maureen K. Ohlhausen," The Antitrust Source, January 2006
- Co-author, "Sample Jury Instructions in Civil Antitrust Cases, Robinson-Patman Act," American Bar Association, 1999
- Co-presenter, "Securities Law Consequences of Errors in Federal Income Tax Reporting," Fulbright & Jaworski L.L.P. and PwC Seminar, May 17, 2012
- Co-presenter, "Antitrust Update for In-House Counsel," ABA Section of Antitrust Law Corporate Counseling Committee, April 26, 2011
- Co-presenter, "Recent Developments and Hot Topics in Class Action Litigation," Fulbright - Class Action Litigation Web Seminar, November 17, 2010
- Co-presenter, "The Financial Reform Bill and What It Means to Energy Companies," Fulbright - Dodd-Frank Task Force Web Seminar, August 26, 2010
- Co-presenter, "How the New Financial Reform Legislation Affects Publicly Held Companies: Disclosure, Corporate Governance, Enforcement and Other Requirements," Fulbright - Dodd-Frank Task Force Web Seminar, August 12, 2010
- American Bar Association
- Antitrust Section
- Litigation Section
- Bar Association of the Fifth Federal Circuit
- Federal Bar Association
- State Bar of Texas
- Antitrust and Business Litigation Section, Council (2011 – present)
- Houston Bar Association
- Antitrust and Trade Regulation Section, Council (2004 – 2009)
- Chair (2008 – 2009)
- Litigation Section
- Federal Practice Section
- Appellate Practice Section
- Antitrust and Trade Regulation Section, Council (2004 – 2009)
- Fulbright Attorney Loan Program, Pro Bono assistance to City of Houston as special prosecutor in the Municipal Court (2005)
January 18, 2022
November 30, 2021
June 28, 2021
Publication | April 9, 2020
Video | March 29, 2021