Jim Burling is a partner in, and previous co-chair of, the firm's Regulatory and Government Affairs and Litigation/Controversy Departments, and a member of the Antitrust and Competition and Intellectual Property Litigation Practice Groups. He joined the firm in 1979.
Mr. Burling previously chaired Hale and Dorr's Executive Committee, Litigation Department and Antitrust Group. He joined the firm after two years with the Federal Trade Commission. While Mr. Burling's principal office is in Boston, he spends considerable time working from the firm's Washington DC office.
Practice
Mr. Burling concentrates in antitrust litigation and merger clearance for high technology clients, particularly in the computer, Internet, biotech and pharmaceutical industries. His practice includes representing clients in private litigation, in responding to government antitrust investigations, and before the Department of Justice and Federal Trade Commission in Hart-Scott-Rodino (HSR) review of mergers and acquisitions.
Recent Highlights
Litigation
- Defending Cephalon in a variety of "reverse payment" Hatch Waxman patent settlement cases pending in the Eastern District of Pennsylvania, including those brought by the Federal Trade Commission, Apotex, and a number of purported purchaser classes.
- Defending a chipmaker in Federal Trade Commission Part 3 litigation, alleging that they unlawfully monopolized markets for computer microprocessors and graphics processing.
- Pursued monopolization and patent exhaustion claims against Qualcomm on behalf of Broadcom in Southern District of California.
- Obtained dismissal of antitrust counterclaims against GSK in patent litigation in the Eastern District of Pennsylvania.
- Defending Ocean Spray Cranberries, Inc. against monopolization claims in D.D.C., District of Massachusetts and California Superior Court
- Defending Avid against monopolization and conspiracy claims in C.D. Cal. and the Ninth Circuit
- Defending IDEXX Laboratories against exclusive dealing claims in D. Conn. and the Second Circuit
- Defending The Open Software Foundation against monopolization and conspiracy claims in D. Mass and the First Circuit
- Defending Analog Devices against exclusive dealing claims in N.D. Cal. and the Ninth Circuit
- Defending Nortel Networks against monopolization and tying claims in D. Mass
Merger Clearance/Government Investigations
- Representing two pharmaceutical companies in separate investigations by the FTC
- Representing an overseas holding company in a number of US and global sales and acquisitions, several involving second request proceedings
- Representing a pharmaceuticals company through second request proceedings reviewing an exclusive license agreement
- Representing Internet company in acquisitions under HSR review
Professional Activities
- Member, American Bar Association (ABA) Antitrust Section
- Former vice-chair, ABA Antitrust Section Intellectual Property Committee
- Fellow, Massachusetts Bar Association
- Member, Boston Bar Association Antitrust Committee
Honors and Awards
- Recognized as a Massachusetts leader in the field of Antitrust in each edition of Chambers USA: America's Leading Lawyers for Business since 2003
- Listed in the 2010 edition of Benchmark Litigation for his leading antitrust practice
- Recognized as a leader in his field in the 2009, 2010 and 2011 editions of Who's Who of Competition Lawyers and Economists
- Recommended as one of the world's leading competition/antitrust attorneys in the 2006–2007 and 2009–2010 editions of PLC Cross-border Competition Handbook
- Selected by peers for inclusion in The Best Lawyers in America, in the area of antitrust law (2006, 2008, 2009, 2010, 2011 and 2012). Named by Best Lawyers as "Boston Antitrust Lawyer of the Year" in 2010 and 2012
- Named a "New England Super Lawyer" (formerly "Massachusetts Super Lawyer") in antitrust litigation in the 2004-2011 issues of Boston Magazine
- Recognized by his peers as one of the world's leading competition and antitrust attorneys in Legal Media Group's The Best of the Best
Speaking Engagements
- American Conference Institute Prescription Drug Pricing Seminar – "Litigation Regarding Orange Book Patent Listings" – 2002
- MCLE Criminal Law Conference: Spend A Day With The Experts – "Demonstrative Evidence" – 2001
- MCLE Managing Antitrust Issues: A Practical Guide for In-House and Outside Corporate Counsel – "Managing Antitrust Issues for Joint Ventures" – 1997
- MCLE 30th Annual New England Antitrust Conference – "Antitrust Guidance for The Innovative Enterprise" – 1996
- Antitrust and Tort Limits on Marketplace Rivalry, ABA Section of Antitrust Law – "Special Issues in Competitor Litigation: Expert Witnesses in Litigation Between Competitors" – 1995
Publications
- James C. Burling and Allen C. Nunnally, Litigation Regarding Orange Book Patent Listings, American Conference Institute Prescription Drug Pricing Seminar, 2002.
- James C. Burling and Rebecca J. Lewin, Demonstrative Evidence, MCLE Criminal Law Conference: Spend A Day With The Experts, 2001.
- James C. Burling, William F. Lee, and Anita K. Krug, The Antitrust Duty to Deal and Intellectual Property Rights, 24 J. Corp. L. 527 (1999).
- James C. Burling and Ahavia D. Glaser, Managing Antitrust Issues for Joint Ventures, MCLE Managing Antitrust Issues: A Practical Guide for In-House and Outside Corporate Counsel, 1997.
- Antitrust Guidance for The Innovative Enterprise, MCLE 30th Annual New England Antitrust Conference, 1996.
- DOJ and FTC Antitrust Guidelines for the Licensing of Intellectual Property: Selected Topics, MCLE 30th New England Antitrust Conference, Antitrust Guidance for the Innovative Enterprise, 1996.
- Special Issues in Competitor Litigation: Expert Witnesses in Litigation Between Competitors, Antitrust and Tort Limits on Marketplace Rivalry, ABA Section of Antitrust Law, 1995.
- James C. Burling, William F. Lee, and James L. Quarles, " State Action" Antitrust Immunity – A Doctrine In Search of Definition1982 BYU L. Rev. 809 (1982).
Community Involvement
- Member of the Board of Directors, Center for Public Representation
- Member of the Board of Directors, New England Center for Children
