Downey Law Boston Antitrust CounselDowney Law LLC Logo

High-Caliber Counsel with a Positive Attitude

And Enthusiasm for Practical Problem-Solving

At Downey Law, Alicia Downey focuses on helping companies— especially manufacturers of brand name products—manage their relationships with distributors, resellers, and competitors.

With over 20 years of broad-ranging experience as a commercial litigator, appellate lawyer, and antitrust advisor in a top-tier international law firm, Alicia provides clients with the quality and sophistication of a big firm and the streamlined flexibility of a boutique practice.

In contested matters, Alicia is a proactive and powerful advocate with courtroom experience in trials before judges and juries. A former law clerk to a justice of the Supreme Judicial Court of Massachusetts, she has extensive knowledge of Massachusetts trial and appellate court practice and procedures.

As a legal advisor, Alicia is dedicated to providing clients with practical advice backed by thoughtful analysis of complex legal issues and real world experience.

Alicia works with a wide range of clients, from major global enterprises to mid-sized and smaller U.S.-based businesses and individual business owners.

Alicia L. Downey

Direct:  617.444.9811

Email:   alicia@downeylawllc.com

Address:

Downey Law LLC
155 Federal Street, Suite 300
Boston, MA 02110

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Areas of Practice

  • Antitrust Counseling and Compliance
  • Franchise and Distribution Law
  • Commercial Litigation
  • Appellate Advocacy

Alicia L. Downey

Managing Partner

Alicia L. Downey founded Downey Law in 2013 after nearly twenty years as a commercial litigator, appellate lawyer, and antitrust advisor at a major international law firm.

Her diverse industry experience includes new motor vehicles and related products, packaged foods, home appliances, medical devices, industrial equipment, designer fashion and accessories, software, financial services and nutritional supplements.

Alicia is a versatile courtroom lawyer who has led teams in motion hearings and trials in federal and state courts. She is also the principal author of numerous appellate briefs in complex cases where important issues of commercial law were before the court.

For many years, Alicia has been active in the leadership of the Section of Antitrust Law of the American Bar Association. She frequently writes and lectures about the laws that apply to distribution channel relationships.

red-triangle    Leadership Positions   (click to view)

  • Chair, Antitrust Committee, ABA Section of Business Law (2014-present)
  • Chair, Distribution and Franchising Committee, ABA Section of Antitrust Law (2014–present)
  • Co-Chair, Governing Board, Supreme Judicial Court Law Clerks’ Society (2013–present)
  • Vice Chair, Distribution and Franchising Committee, ABA Section of Antitrust Law (2011-2014)
  • Council, ABA Section of Antitrust Law (2008–2011)
  • Chair, ABA Section of Antitrust Law Price Discrimination (n/k/a Pricing Conduct) Committee (2002–2008)
  • Vice Chair, ABA Section of Antitrust Law Robinson-Patman Act Committee (2000–2002)
  • Fellow, American Bar Foundation (The American Bar Foundation Fellows is an honorary organization of attorneys, judges and law professors whose professional, public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession.)
  • Boston Bar Association Ethics Committee (2000–2003)
  • Boston Bar Association Task Force on Professional Challenges and Family Needs (1999–2001)
  • Co-Chair, Boston Bar Association Young Lawyers Section (1996–1998)
  • Order of the Coif (1993)
  • Managing Editor, Boston College Law Review (1992-1993)

red-triangle    Publications   (click to view/download)

red-triangle    Speaking Engagements   (click to view)

  • But We Want to Close in Two Weeks: Hart-Scott-Rodino Process and Timing, ABA-CLE (Nov. 11, 2014)
  • Antitrust Counseling and Compliance 2014, Practising Law Institute, New York, N.Y. (Oct. 31, 2014)
  • The Revised Fred Meyer Guides: What Changed? What Didn’t?, ABA Section of Antitrust Law, Distribution & Franchising Committee (Oct. 16, 2014)
  • Arm Yourself with the Necessary Tools to Avoid Antitrust Pitfalls in Merger and Non-Merger Agreements, ABA Business Law Section Spring Meeting, Los Angeles, CA (Apr. 10, 2014)
  • Pathways to Leadership, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (Mar. 25, 2014)
  • Antitrust Primer and Pitfalls for Corporate Counsel, MCLE New England, Boston, MA (Mar. 24, 2014)
  • Antitrust Counseling and Compliance 2013, Practising Law Institute, New York, N.Y. (Nov. 1, 2013)
  • 2012 Distribution and Franchising Update: Year in Review, ABA Section of Antitrust Law, Distribution and Franchising Committee (Feb. 4, 2013)
  • 21st Century Antitrust Compliance: Beyond the Basics, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 28, 2012)
  • State Consumer Protection Laws: Enforcement and Litigation Trends in Connecticut and Massachusetts, ABA Section of Antitrust Law Private Advertising Litigation, Consumer Protection, and State Enforcement Committees (Jan. 30, 2012)
  • Antitrust Counseling and Compliance 2011, Practising Law Institute, New York, N.Y. (Sept. 6, 2011)
  • Resale Price Maintenance and Recent State Enforcement Initiatives: Where Are We Now?, ABA Section of Antitrust Law (May 4, 2011)
  • Fasten Your Seatbelts, It’s Going to Be a Bumpy Year: A Seminar for Dealer Relations Management and Counsel, Costa Mesa, Calif. (Sept. 30, 2009)
  • June In-House Counsel Antitrust Update, ABA Section of Antitrust Law Corporate Counseling Committee (July 8, 2009)
  • Two-Way Relationships in the New Economy: When Is Paying Your Customer for a Good or Service Price Discrimination in Disguise?, ABA Section of Antitrust Law, Spring Meeting 2009, Washington, D.C. (March 26, 2009)
  • Tips for Success in the Practice of Antitrust Law, ABA Young Lawyers Division and Section of Antitrust Law (Dec. 10, 2008)
  • Setting Prices: Exploring Points of Divergence Across Jurisdictions, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 27, 2008)
  • Price Discrimination Laws Outside the U.S.: Comparing Apples to Oranges, ABA-CLE Teleseminar (Feb. 20, 2008)
  • Data or Anecdotes?: Quantifying the Costs of Compliance With the Robinson-Patman Act, ABA Section of Antitrust Law Telephonic Seminar (July 25, 2007)
  • Sleeping Giants?: State Law Constraints in Pricing, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 31, 2006)
  • The Robinson-Patman Act Keeps on Truckin’: Competing Buyers Who Don’t Compete and Other Issues Raised by Volvo v. Reeder-Simco, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 29, 2006)
  • Critical Antitrust Issues for Franchisees and Franchisors, ABA Forum on Franchising Annual Meeting, Orlando, Fla. (Oct. 20–21, 2005)
  • Volvo v. Reeder-Simco: The Public Policy Battle Over What Forms of Price Discrimination Violate the Robinson-Patman Act, ABA Section of Antitrust Law (Sept. 22, 2005)
  • Teaching an Old Dog New Tricks: The Robinson-Patman Act, Power Retailers and Commercial Bribery, The Conference Board Antitrust Conference, New York, N.Y. (March 3, 2005)
  • Developments in the Pre-Merger Notification Process, Boston Bar Association Antitrust Committee, Boston, Mass. (Nov. 22, 2004)
  • Terminating Franchises and Dealerships Within the Bounds of the Law, ABA-CLE Teleseminar (June 3, 2004)
  • Practical Availability: Facts and Fictions, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (April 2, 2004)
  • IP and Antitrust at Cross-Purposes? Liability for Market-Foreclosing Discounting and Incentive Programs, Minority Corporate Counsel Association CLE Conference, Chicago, Ill. (April 1, 2004)
  • Buyer Liability Under Section 2(f) of the Robinson-Patman Act, ABA Section of Antitrust Law (Nov. 7, 2003)
  • A New Wave of Robinson-Patman Act § 2(c) Litigation: Anti-Brokerage Claims in the Franchise Supply Context, ABA Section of Antitrust Law (Nov. 12, 2002)
  • Legal Constraints on Online Automotive Sales, American Conference Institute, Chicago, Ill. (Oct. 2, 2001)

red-triangle    Representative Litigation  (click to view/download)

  • StudentCity.com, Inc. v. Handa Travel Student Trip, Inc., No. 2013-J-0136 (Mass. Appeals Court)— Won vacatur of preliminary injunction enforcing non-competition and non-solicitation agreements and defeated subsequent renewed motion for preliminary injunction
  • Alliance of Automobile Manufacturers v. Jones, No. 4:08-cv-00555277 (N.D. Fla.)— Represented trade association of motor vehicle manufacturers in successfully defeating motion to dismiss complaint challenging the constitutionality of 2008 and 2009 amendments to Florida motor vehicle franchise statute
  • Strike Four LLC v. Nissan North America, Inc., No. 2012-0193(New Hampshire Supreme Court) — Represented Nissan in appeal seeking to enforce a settlement agreement with dealer that failed to meet performance standards
  • HF Partners, Inc. v. BancBoston Investments, Inc., No. 10-4412 BLS (Mass. Superior Court) — Won motion for entry of judgment for BancBoston on $585,000 counterclaim in $2.3 million contract dispute with private equity fund general partner and negotiated favorable settlement before trial
  • Samuel-Bassett v. Kia Motors America, Inc., Nos. 22, 23 & 24 E.A.P. 2008 (Pa. Dec. 2, 2011) — Wrote amicus brief for Association of International Automobile Manufacturers and Alliance of Automobile Manufacturers in support of appellant Kia Motors in appeal from judgment awarding $5.6 million class-wide damages for allegedly defective brake components
  • Sterling Merchandising, Inc. v. Nestle, S.A., 656 F.3d 112 (1st Cir. 2011)— Authored brief in support of appeal from summary judgment entered against Puerto Rican ice cream distributor asserting dominant competitor’s exclusive dealing arrangements and other conduct violated federal and Puerto Rico antitrust statutes
  • FleetBoston Financial Corp. n/k/a Bank of America Corp. v. Alt, 638 F.3d 70 (1st Cir. 2011)cert. denied, No. 11-177 (U.S. Oct. 11, 2011) — Won affirmance of summary judgment dismissing $140 million post-arbitration complaint by former employees of investment bank on grounds of claim preclusion and successfully opposed petition for a writ of certiorari
  • General Motors LLC — Successfully defended General Motors LLC in six special dealer arbitration proceedings for reinstatement under the Consolidated Appropriations Act of 2010, two of which proceeded to hearing: Robert Buick, Inc. and General Motors LLC, AAA Case No. 12 532 00037 10 (award for GM issued June 22, 2010) and Stagg Chevrolet, Inc. and General Motors LLC, AAA Case No. 11 532 00169 10 (award for GM issued July 1, 2010)
  • Kriegel v. Bank of America, N.A., 2010 WL 3169579 *1 (D. Mass. Aug. 10, 2010) — Won dismissal of consolidated consumer class actions seeking $400 million in class-wide damages allegedly caused by deceptive disclosures related to automatically renewable certificates of deposit
  • FleetBoston Financial Corp. n/k/a Bank of America Corp. v. Alt, 668 F. Supp. 2d 277 (D. Mass. 2009) — Won summary judgment dismissing fiduciary duty claim brought by putative minority shareholders of investment bank
  • FleetBoston Financial Corp. n/k/a Bank of America Corp. v. Alt, 668 F. Supp. 2d 277 (D. Mass. 2009) — Won summary judgment dismissing fiduciary duty claim brought by putative minority shareholders of investment bank
  • Spectrum Pharmaceuticals, Inc. v. GPC Biotech AG, No. 50 193 T 00518 06, International Center for Dispute Resolution (Nov. 5, 2007) — Represented pharmaceutical company in managing prehearing discovery and conducting five-day arbitration hearing to determine client’s right to $14 million payment under the parties’ Co-Development and License Agreement
  • Wesley v. Schaller Subaru, Inc., 277 Conn. 526, 893 A.2d 389 (2006) — Wrote amicus brief for Association of International Automobile Manufacturers in support of prevailing party in appeal from judgment against captive financing subsidiary of automaker
  • Commonwealth Motors, Inc. v. General Motors Corp., 61 Mass. App. Ct. 1108, 809 N.E.2d 1099 (2004) — Won dismissal of motor vehicle dealer’s challenge to another dealer’s proposed relocation under state motor vehicle franchise encroachment statute
  • Broker-Dealer Arbitrations — From 2003 to 2005, defended Merrill Lynch and individual registered representatives in numerous NASD/NYSE customer arbitrations and related regulatory investigations
  • Hershey v. Donaldson, Lufkin & Jenrette Securities Corp., 317 F.3d 16 (1st Cir. 2003) — Successfully defended investment bank against claims for breach of fiduciary duty, fraud, negligent misrepresentation and breach of contract brought by shareholder of former DLJ corporate client
  • Davidson v. General Motors Corp., 57 Mass. App. Ct. 637, 786 N.E.2d 845 (2003) — Won dismissal of claims against GM by former individual investors and dealer operators for breach of fiduciary duty, breach of contract, securities fraud, and unfair and deceptive trade practices
  • General Motors Corp. v. The New A.C. Chevrolet, Inc., 263 F.3d 296 (3d Cir. 2001) — Won dismissal of counterclaim brought by terminated dealer; won and collected $325,000 judgment based on dealer’s post-termination trademark infringement
  • American Honda Motor Co. v. Bernardi’s, Inc., 432 Mass. 425, 735 N.E.2d 348 (2000) — Wrote amicus brief for Association of International Automobile Manufacturers and Alliance of Automobile Manufacturers in support of prevailing party
  • Wilkins Buick, Inc. v. General Motors Corp., 213 F.3d 634 (4th Cir. 2000) — Won dismissal of motor vehicle dealer’s complaint for tortious interference, bad faith breach of contract and violation of the Maryland licensing statute
  • Hawkins v. Ford Motor Co., 748 So. 2d 993 (Fla. 1999) — Wrote amicus brief for Association of International Automobile Manufacturers and American Automobile Manufacturers Association in support of prevailing party

Prior Experience

  • Bingham McCutchen LLP, Partner (2001-2012), Associate (1994-2000)
  • Supreme Judicial Court of Massachusetts, Judicial Law Clerk (1993-1994)

Education

  • Boston College Law School, J.D. magna cum laude
  • Harvard University, A.M.
  • Harvard College, B.A. magna cum laude

Listed In

  • U.S.News – Best Lawyers 2015 “Best Law Firms” Tier 1 (Boston) ranking for Antitrust Litigation
  • Chambers USA:  America’s Leading Lawyers for Business (2005-2013)
  • PLC Cross-Border Competition and Leniency Handbook (2009-2012)
  • Best Lawyers in America (2009-2015)
  • Top Women Attorneys in Massachusetts (2013, 2014)
  • Super Lawyers (2004-2014)
  • New England’s Best Lawyers (2014)
  • Super Lawyers Corporate Counsel Edition (2009)

Antitrust and Distribution Counsel

Commercial Litigation and Appeals

Downey Law offers analysis, advice,
and advocacy to clients with legal
needs in the following areas:

  • Distribution and Franchise Relationships
  • State Motor Vehicle Franchise Laws
  • Dealer Terminations
  • Sales Incentive Programs
  • Antitrust Compliance
  • Minimum Advertised Price Policies
  • Exclusive Dealing Arrangements
  • Merger and Joint Ventures
  • Non-Competition Agreements
  • Legislative Analysis and Drafting
  • Commercial Litigation and Appeals

 

 

“Alicia Downey undertakes a broad range of antitrust work, including both litigation and counseling. She draws particular praise for her expertise in distribution work.”

—  Chambers USA:  America’s Leading
        Lawyers for Business 2012

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