Antitrust

Burr & Forman has extensive experience in antitrust litigation and counseling.

We represent both corporations and individuals in federal and state antitrust matters, including grand jury investigations, trials and appeals in federal and state courts, including the United States Supreme Court, and Federal Trade Commission proceedings. Burr has represented both defendants and plaintiffs in private treble damage litigation, including defense of one of the first nationwide antitrust class actions that was tried to conclusion. Our attorneys have also been involved in both pricing and distribution actions and in dealership and agency termination lawsuits throughout the country.

In addition to litigation matters and agency proceedings, Burr regularly counsels clients on various trade and antitrust issues related to the sale of our client’s products and services, including advising on pricing and distribution matters, trade association activities, advertising, and other antitrust compliance issues. Our firm also routinely advises clients on competition matters in the merger setting and has prepared numerous Hart-Scott-Rodino premerger notification filings in conjunction with these acquisitions.

Our Attorneys

Charlotte Bennett
Associate ~ Birmingham, Alabama|
(205) 458-5460
(205) 714-6889
Charlotte
April Mason
Partner ~ Birmingham, Alabama|
(205) 458-5459
(205) 244-5747
April

Experience Matters

Brief sentence defining representative matters.

  • Senior Secured Notes Offering

    Represented ProAssurance in its offering of 5.30% senior secured notes worth $250 million.
  • Acquisition

    Represented ProAssurance, the nation's fourth largest seller of medical liability coverage, in the acquisition of Eastern Insurance Holdings, Inc., for $205 million in cash to expand its workers’ compensation coverage.
  • Acquisition

    Represented Colonial Properties Trust in its acquisition by Mid-America Apartment Communities Inc., a Memphis-based residential landlord. Mid-America agreed to purchase Colonial Properties Trust for approximately $2.2 billion in stock to expand as demand climbs for U.S. apartment rentals.
  • Acquisition of Company

    Represented ProAssurance Corporation in its acquisition of Mid-Continent General Agency, Inc., a Houston based surplus lines agency licensed in all states. ProAssurance executed a Stock Purchase Agreement with the parent of the agency providing for the purchase of all of its stock for a purchase price payable in cash and shares of ProAssurance stock. The Stock Purchase Agreement also provided for contingent consideration based on the profits of the acquired company and underwriting profit to be derived by ProAssurance on the sale of its policies through the agency.
  • Cash Sponsored Demutualization

    Represented ProAssurance Corporation (NYSE: PRA) as securities and corporate counsel in its acquisition of Podiatry Insurance Company of America (PICA) in a cash sponsored demutualization. In this transaction, PICA, an Illinois domiciled mutual insurance company, was converted from a mutual insurer, and its 10,000+ policyholders received cash funded by ProAssurance. Under the terms of the negotiated Stock Purchase Agreement, ProAssurance purchased all of PICA's newly issued stock for a cash price of $135 million. Pursuant to the Stock Purchase Agreement, PICA filed a Plan of Conversion with the Illinois Director of Insurance for approval in accordance with the conversion statute in the Illinois Insurance Code. The Plan of Conversion was approved by the Illinois Department of Insurance in January 2009, approved by the PICA stockholders on March 31, 2009, and closed on April 1, 2009. Representation included preparation and negotiation of the acquisition agreement, regulatory approval of Illinois Insurance Department, tax advice, and HSR anti-trust filing.