Wayne A. Mack is co-head of the Commercial, Securities and Antitrust division of Duane Morris' Trial Practice Group. The Commercial, Securities and Antitrust Litigation Division is the largest division in Duane Morris' Trial Practice Group with more than 125 attorneys. Mr. Mack is also a member of the firm's governing Partners Board and chair of the firm's Professional Standards Committee that is responsible for the process whereby associates are admitted to the firmís partnership.
Mr. Mack regularly counsels and represents public and private businesses and their owners, officers and directors in negotiations, mediation and litigation involving commercial law matters. His practice includes the following areas:
- Antitrust and Competition. Mr. Mack provides advice to manufacturers, suppliers, distributors, hospitals, healthcare providers and other service providers regarding the antitrust aspects of product distribution and pricing, resale price maintenance plans, promotional programs and rebates, differential pricing, as well as joint ventures, competitor collaboration, and other types of transactions. He also represents clients in federal court and before government agencies, including the Federal Trade Commission, on issues involving trade regulation, predatory and discriminatory pricing, price-fixing, monopolization and unfair competition claims. He is identified as one of the leading antitrust lawyers in Pennsylvania in Chambers USA: America's Leading Lawyers for Business. The Guide states that clients were impressed by his "presence in the courtroom" and his "thorough due diligence and his opinions" on antitrust law. Mr. Mack also has consistently recognized as a Pennsylvania Super Lawyer in the antitrust field and in 2008 was named as one of the top 10 outstanding healthcare antitrust lawyers in the United States.
- Trademark Protection and Anti-Counterfeiting. Mr. Mack assists brand owners in working cooperatively to implement trademark protection and anti-counterfeiting programs. He is counsel to the U.S. Golf Manufacturers Anti-Counterfeiting Working Group, which consists of the world's leading golf manufacturers. He supervises that group's efforts to investigate and prosecute those involved with distributing counterfeit products in China in the online marketplace.
- Franchising and Distribution. Mr. Mack regularly represents franchise owners and dealerships, franchisors, franchise system cooperatives and franchise associations in a wide range of industries. He has negotiated system franchise agreements and other contracts and litigated and negotiated settlements of major antitrust and class action disputes affecting franchise systems. He has been involved in some of the most important franchise and dealership cases in the country, including class action cases involving franchise advertising funds and the pricing of products sold to franchisees. He has also successfully represented franchisees and dealers in cases involving co-branding, dual distribution and encroachment. He has appeared on national television discussing franchising issues and cases that he has handled have been the subject of articles in The National Law Journal, Wall Street Journal, USAToday, The Washington Post, Business Week, Financial Times, Barron's, Franchise Times and The American Lawyer.
- Securities and Financial Transactions. Mr. Mack represents public companies and their officers and directors, as well as underwriters, law firms, financial institutions, accountants and other professionals in misrepresentation and negligence cases relating to securities issuances, loan agreements and other types of financial transactions. He has obtained court orders dismissing securities claims on the pleadings as well as summary judgment orders in favor of his clients in cases involving allegations that misrepresentations and omissions were made in connection with public and private securities offerings.
- Class Actions. Mr. Mack has successfully represented clients in numerous class action lawsuits alleging a wide range of legal theories — including violations of consumer protection statutes, securities fraud, antitrust, RICO and tort claims — in state and federal courts for clients in many industries. He has handled all phases of class action litigation, including pre-certification hearing discovery, class certification motions and hearings, interlocutory appeals of certification rulings, summary judgment practice, class action trials and also negotiated favorable settlements and obtained court approval of class settlements.
- Contracts. Mr. Mack counsels businesses and their owners in drafting and negotiating asset and stock purchase and distribution and sales agreements and regarding the Uniform Commercial Code. He also represents clients in negotiating, litigating and resolving contractual disputes. He has handled cases involving agreements with non-compete, non-disclosure, exclusive dealing, appraisal rights and earn-out provisions. He has also represented shareholders and partners in disputes over the management and valuation of closely-held corporations and partnerships. He has obtained multi-million dollar verdicts and settlements for clients in contract disputes and also successfully defended clients facing breach of contract claims.
- Constitutional Law. Mr. Mack advises media and other clients regarding defamation and libel claims. He has represented clients before the United States Supreme Court and the Pennsylvania Supreme Court in cases involving the First Amendment right to free speech. He also counsels clients regarding other constitutional issues, including the export, commerce and takings clauses.
- Mathews v. Lancaster General Hospital, et al.—Represented defendant in antitrust action arising out of peer-review proceeding. Summary judgment granted in favor of client.
- Huhta v. Children's Hospital of Philadelphia, et al.—Represented defendant hospital in antitrust action arising out of decision by hospital to restrict privileges of physician. Summary judgment granted in favor of client.
- J.F. Energy v. Carlos R. Leffler, Inc.—Defended energy company against predatory pricing claims brought by a competitor.
- In re Maine Health Alliance—Represented large regional hospital network in negotiating consent decree in connection with Federal Trade Commission investigation into alleged price fixing.
- Mariana v. Fisher—Obtained dismissal of antitrust claims against state officials relating to settlement of tobacco litigation.
- Chester County Hospital v. Independence Blue Cross, et al.—Represented hospital in antitrust case involving claim that defendant insurer violated section 2 of the Sherman Act.
- In re Plastic Additives Antitrust Litigation—Counsel to manufacturer in antitrust class action involving pricing of plastic additives.
- Angelico v. Lehigh Valley Hospital, Inc., et al.—Trial counsel for defendant hospital in antitrust action brought by a cardiothoracic surgeon who alleged a group of hospitals had conspired to restrict his privileges. Jury returned a verdict in favor of client after a seven-week trial.
- Treasure Isles v. YUM! Brands—Represent multi-unit franchisee in case involving claims that franchisor failed to properly disclose information regarding co-branding of A&W and Long John Silver's restaurants.
- In re Long John Silver's, Inc.—Represented Official Committee of Franchisees and franchisee association in renegotiating franchise agreement in connection with the bankruptcy of their franchisor.
- Broussard, et al. v. Meineke Discount Muffler Shops, Inc., et al.—Trial counsel in franchise class-action litigation involving claims of improper handling of advertising fund, resulting in a $390 million jury verdict in favor of clients. Case settled on confidential terms following appeal.
- Cumberland Truck Equipment Co., et al. v. Detroit Diesel Corp.—Negotiated multimillion-dollar settlement in favor of class of truck dealers in antitrust class action arising out of termination of dealerships.
- AAMCO Transmissions, Inc. v. Marino, et al.—Represented group of franchisees in litigation involving claims of inadequate training. Case settled on confidential terms.
- Duarte v. GNC—Represented franchisees in class-action litigation involving claims of breach of contract arising from the pricing and discounting of products that the franchisor required franchisees to purchase.
- Dunhill Temporary Systems Irving v. Dunhill Staffing Systems—Represented franchisee in an action for fraud and breach of contract arising from overcharges by the franchisor's captive workers' compensation insurance company.
- Carvel Corp. v. Baker, et al.—Represented group of franchisees in litigation involving claims that sale of Carvel products in supermarkets violated the duty of good faith.
- Adelphia Recovery Trust Litig.—Represented international bank client against multibillion-dollar claim for aiding and abetting fraud in connection with co-borrowing loan facilities.
- Johnson v. Aegon USA, WMAS, et al.—Represented defendant brokerage firm in class-action securities fraud case arising out of sale of variable annuities. All claims against client dismissed by court.
- In re Goodyear Tire & Rubber Co. Securities Litig.—Represented public company in securities fraud class action. Summary judgment granted in favor of client.
- In re Bexar County Health Facilities Development Corp.—Represented national law firm in suit alleging that it violated securities law in connection with the preparation of offering statements for a bond offering.
- Trans American Brokerage v. Mrs. Smith's Bakeries—Obtained $11.2 million award in favor of client in arbitration proceeding involving claims for breach of an exclusive international distribution contract.
- Keating v. Applus+ —Represented vehicle emissions-testing company in litigation over terms of an earn-out provision in stock-purchase agreement.
- Fox v. State University of New York—Represented students in First Amendment case brought before the U.S. Supreme Court involving a university regulation restricting commercial speech.
Areas of Practice
- Complex Commercial Litigation
- Class Actions
- Securities Law
- Trade Regulation
- Supreme Court of the United States
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- Supreme Court of Pennsylvania
- University of Pennsylvania Law School, J.D., 1986
- Order of the Coif
- Moot Court Board
- Temple University, B.S., magna cum laude, 1983
- Duane Morris LLP
- Partner, 1995-present
-- Co-head, Commercial, Securities and Antitrust Division
-- Co-chair, Antitrust Practice Group
--- Chair, Professional Standards Committee
-- Member of Partners Board
- Associate, 1986-1995
- Pennsylvania Bar Association
- Civil Litigation Section
- Philadelphia Bar Association
- American Health Lawyers Association
- American Bar Association
- Antitrust Law Section
- Business Law Section
-- Business and Corporate Litigation Committee
- Forum Committee on Franchising
Honors and Awards
- Listed in Chambers USA: America's Leading Business Lawyers, 2003-2012 editions
- Listed in Super Lawyers Corporate Counsel Edition, Antitrust Litigation, 2009 and 2010
- Named Pennsylvania Super Lawyer by Philadelphia magazine, 2004, 2006-2014
- Recognized as one of ten "Outstanding Healthcare Antitrust Lawyers" by Nightingale's Healthcare News, 2008
- Chairman's Award for Distinguished Service and Achievement presented by the American Association of Franchisees & Dealers, 1997
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- "Faux Woods," Sports Illustrated, September 5, 2011
- "Pushing Back Against Counterfeit Goods," Executive Counsel, August/September 2011
- Co-author, "When Does the Payment of Low Reimbursement Rates or Other Conduct by an Insurer Violate the Antitrust Laws? ," Duane Morris Alert, December 6, 2010
- Co-author, "Supreme Court Allows Arbitrators to Determine Validity of Arbitration Agreements, Strengthening Enforcement," Duane Morris Alert, June 24, 2010
- Co-author, "More Aggressive Antitrust Enforcement Ahead," Duane Morris Alert, May 13, 2009
- Co-author, "Duane Morris Wins Major Appeal for Truck Dealer," Duane Morris Alert, July 25, 2008
- Co-author, "Antitrust Tying and Franchises: Does the Kodak Rationale Apply to Franchise Relationships?" Pennsylvania Law Weekly, February 23, 1998
- Co-author, "Franchisors: Will They Set Price Ceiling?" The National Law Journal, February 16, 1998
- Co-author, "Facts are Stubborn (and Dangerous) Things: A Closer Look at Broussard v. Meineke Discount Muffler Shops, Inc.," American Bar Association's Franchise Law Journal, Winter 1998
- "Franchising After Meineke," Leader's Franchising Business & Law Alert, September 1997
- "Reducing the Risk of Antitrust Violation," Physician News Digest, May, 1995
Selected Speaking Engagements
- Co-presenter, "Early Case Assessment", October 30, 2014
- "Recent Supreme Court Decisions Impacting Corporate Liability Issues," Association of Corporate Counsel, Delaware Valley Chapter, April 2009
- "Fundamentals of Antitrust Law," Pennsylvania Bar Institute, 2004
- Moderated panel on "The Retail Front: Keeping It Safe and Planning For Incidents," U.S. Chamber of Commerce conference "Future of Food: Food Safety and Supply into the 21st Century," Washington, D.C., November 15, 1999
- "Unfair Trade Practices Acts and State Antitrust Laws: Treble Damage Recoveries Under State Law," ABA Section of Antitrust Law, Atlanta, GA, August 10, 1999
- "Antitrust Class Actions: The Remedy of Choice for Resolving Systemwide Disputes Among Franchisees and Dealers," ABA Section of Antitrust Law's Annual Spring Meeting, Washington, D.C., April 15, 1999
- "State Unfair Trade and Consumer Protection Laws," American Bar Association Antitrust Law Section Spring Meeting, Washington, D.C., April 1, 1998
- "Consumer Class Actions Under State Consumer Protection Laws," Advanced Consumer Protection Law: Mastering the Challenge, American Bar Association's Section of Antitrust Law, Scottsdale, Arizona, February 27, 1998
- Keynote Speaker, Annual Meeting of the American Association of Franchisees & Dealers, Chicago, Illinois, June 25-27, 1997
- "State Unfair Practices Acts and other Business Torts," Pricing and Marketing Arrangements for Distribution and Franchising: Legal Issues and Problem Solving Under the Antitrust Laws, co-sponsored by the American Bar Association Antitrust Law Section and the Corporate Counsel Center of Northwestern University School of Law, May 1995
- Panel Member, "Hospitals at the Crossroads," Pennsylvania Association of Hospital Auxiliaries, May, 1995
- "Antitrust Risks Arising Out of Negotiation With Third Party Payers," Dauphin County Medical Society, November, 1993