Professionals

Jeffery M. Cross

Partner

P: (312) 360-6430 (direct)
F: (312) 360-6520

Core Values In Action

A client surveyed by Chambers in 2012 described Jeff as not only experienced and knowledgeable in antitrust law, but also committed to high caliber service. “He’s incredibly responsive, incredibly thorough, and has really helped us develop a successful strategy for going forward.”

 

As a competitive sailor who races a ten meter off-shore one-design sailboat, Jeff understands the importance of teamwork. Being at the helm doesn’t guarantee a winning regatta; it takes the entire crew.  Jeff approaches complex commercial and antitrust litigation in the same way. It takes the entire team to create a win, including a close partnership with the client’s in-house attorneys and business people.

Jeff Cross is a Partner in the Litigation Practice Group.

Jeff has nearly 40 years of extensive trial experience representing a variety of corporations and businesses throughout the country on antitrust, securities fraud, contract, real estate, environmental regulations, libel and slander, false advertising, commercial code and trade regulation issues.

Jeff also has experience in distribution and franchise law, not only litigating distribution and franchise cases, but also counseling clients in distribution, marketing, sales and pricing programs. 

Jeff has experience in mergers and acquisitions, including counseling clients in the area, working with economists to develop economic support for mergers and acquisitions, responding to government requests for documents and data and negotiating with the government. 

Representative Matters

  • One of the lead counsel for the Noranda defendants in the Sulfuric Acid Antitrust Litigation in the Northern District of Illinois. The case was an antitrust class action which alleged price fixing and output restraints. The case resulted in a decision in defendants’ favor before the Seventh Circuit Court of Appeals in a decision by Judge Richard Posner. Jeff also represented the Noranda defendants in the concurrent criminal investigation which resulted in the Department of Justice closing the investigation without any indictment.

  • Lead antitrust counsel for McKee Food’s acquisition of the Drake’s brand snack cakes from Hostess Brands.

  • Lead antitrust counsel for a chemical manufacturer in its acquisition of assets from competitors.

  • Lead counsel for Burlington Northern Santa Fe Railway in an antitrust case in San Francisco. The case involved allegations of tying, violations of the essential facilities doctrine, attempted monopolization, vertical foreclosure, coerced reciprocity and price fixing, resulting in a summary judgment in BNSF’s favor on all counts, which was affirmed in the Ninth Circuit.

  • Lead counsel for a Santa Barbara, California defendant in an antitrust class action in the Southern District of Illinois. Jeff played a lead role on behalf of all defendants in defeating class certification.

  • Counsel to the Vice President of Marketing at a well-known national snack food company regarding the Robinson-Patman Act, including the sections of the Act dealing with promotions and allowances.

  • Counsel to a major international human resources consulting firm on the antitrust issues of collecting wage and benefit data and disseminating this data to clients. 

  • Counsel to a well-known Japanese manufacturer involving a proposed sales and pricing program.

  • Lead trial counsel for BP America, Inc. in a ten-week antitrust jury trial in Los Angeles. The case involved allegations of horizontal allocations of markets, price fixing and monopolization. The jury acquitted all defendants on one count and hung on a second count. A favorable settlement ensued as a result of the fact the jury had voted 7 to 1 for the defendants on the hung count.

  • Lead trial counsel for Mobil Oil Company in a bench trial involving a dealer termination that resulted in a favorable decision for Mobil.

  • Lead trial counsel for Fina Oil and Chemical Company in a jury trial in Sioux Falls, South Dakota involving the termination of a dealer. The jury reached a verdict for Fina. The case also involved an appeal in the Eighth Circuit Court of Appeals that Jeff successfully argued.

  • Lead trial counsel for BP America Inc. and the Standard Oil Company in a 21-day bench trial in the Circuit Court of Cook County involving claims of breach of contract and breach of warranties following the sale of BP’s coal mining business to the plaintiff. The case resulted in a favorable ruling for BP and Standard Oil. The plaintiff appealed to the Illinois Appellate Court and Jeff successfully argued the appeal.

  • Lead trial counsel for Fina Oil and Chemical Company in a two-week jury trial in Hammond, Indiana involving allegations of libel and slander. The jury awarded only the nominal damages that Fina’s expert asserted were appropriate.

  • Co-lead counsel for a private equity client in the 13-day jury trial of its securities fraud claim, resulting in $5 million recovery for our client.

  • Co-lead counsel for a Canadian mining company in its $17 billion acquisition of another Canadian mining company. Involved with responding to the government’s “second request” for documents and data and negotiated the initial consent decree with the government. 

Practice Areas

Education

  • J.D.,Syracuse University College of Law,magna cum laude
    Order of the Coif; Research Editor, Syracuse Law Review
  • B.S.,University of Illinois at Chicago,cum laude

State Bar Admissions

  • Illinois

Federal Bar Admissions

  • United States Supreme Court
  • United States Courts of Appeals for the Sixth, Seventh, Eighth and Ninth Circuits
  • United States District Courts for the Northern District of Illinois (including Trial Bar), Central and Southern Districts of Illinois, Eastern and Western Districts of Wisconsin, Northern District of Indiana, and Western District of Michigan

Honors and Awards

  • Chambers-USA Guide to America’s Leading Lawyers for Business - Antitrust Law - 2014 (cited in multiple years) 
  • Recognized in PLC’s Competition Handbook for 2006-2012 as having a “respected general litigation practice with an emphasis on antitrust.”
  • Illinois Super Lawyers - 2014
  • The Best Lawyers in America - Antitrust and Franchise & Dealership Law - 2014 (cited in multiple years)
  • Who's Who in American Law - Antitrust, Civil Litigation, Federal and Civil Litigation, General - 2011-2012

Professional Activities

  • American Bar Association Antitrust Section
  • Former Officer, various ABA Antitrust Section Committees, including Vice Chairman of the Criminal Practices and Procedure Committee, Vice Chairman of the Committee on Computer Technology, and Chairman, Subcommittee on RICO and other Related Crimes
  • Drafting Committee for the ABA Antitrust Section's Sample Jury Instructions in Criminal Antitrust Cases (1984) and Member, Drafting Committee for the ABA Antitrust Section's Model Criminal Antitrust Jury Instructions (2009)
  • Chairman, Illinois State Bar Association Antitrust Law Section Council 
  • President, The Lawyers Club of Chicago

Recent Speaking Engagements

  • Co-Presenter, "The Legal and Economic Issues of Standard Setting: SSOs, SEPs and F/RAND," An Antitrust and IP Breakfast Seminar (2014). 
  • Co-Presenter, "After FTC v Actavis, Now What," ALM Webinar (2013). 

Recent Publications

Lead-author, "Franchising: Antitrust Considerations," Chapter 9, Antitrust Counseling and Litigation Techniques, Matthew Bender & Co. (von Kalinowski ed.). 

  • Lead-author, "Sentencing," Chapter 65, Antitrust Counseling and Litigation Techniques, Matthew Bender & Co. (von Kalinowski ed.).
  • Lead author, “An Effective Compliance Program Under the Sentencing Guidelines,” Chapter 2, Corporate Legal Compliance Handbook, Aspen (Banks ed.).
  • Author, “Corporate Antitrust Liability and Compliance Programs,” Chapter 4, Corporate Legal Compliance Handbook, Aspen (Banks ed.).
  • Author, chapter on "Antitrust Considerations" in Illinois Institute of Continuing Legal Education Health Care Handbook (1988 ed.). 
  • Lead-Author, "Problems of Access to Health Facilities and Equipment: New Competition for Limited Resources," 55 Antitrust Law Journal 599 (1987). 
  • Lead-Author, "Hospital Peer Review and the State Action Doctrine After Patrick," Antitrust Magazine, Fall, 1988. 
  • Lead-Author, "FTC v. Ticor Title Insurance: Supreme Court Puts State Action Immunity Under the Lens," Antitrust Magazine, Fall/Winter, 1992. 
  • Co-Author, "Antitrust Issues Involving Cooperation Among Competitors in Japan," (Unpublished). 
  • Co-Author, "The Future of Antitrust Liability for Vertical Restraints Between Manufacturers and Distributors," ILS International Legal Strategy, 1995 (in Japanese). 
  • Author, "Antitrust Compliance Programs: A Basic Primer of the Whys and Wherefores," The Metropolitan Corporate Counsel, June, 1997. 
  • Author, "The Use of Technology at Trial: Some Practical Thoughts on the Bells and Whistles," The Metropolitan Corporate Counsel, December, 1997. 
  • Author, "Boon For Branded Distributors: Megamergers In The Oil Industry Are Likely To Speed Divestment Of Retail Outlets," Energy, Winter, 1999. 
  • Co-Author, "Use of Dominance, Unlawful Conduct, and Causation Under Section 36 of the New Zealand Commerce Act: A U.S. Perspective," New Zealand Business Law Quarterly, 2013; University of Tennessee Legal Studies Research Paper No. 208. November 2, 2012.

Teaching experience

  • Adjunct Professor, Antitrust Law and Business Franchise Law, The John Marshall Law School
http://www.chambersandpartners.com/USA/Firms/65380-285151/273072http://www.bestlawyers.com/Search/LawyerProfile.aspx?lawyer_id=138453

YouTube Videos

News

Columnist Jeffery Cross details the benefits of a strong antitrust compliance program, one that includes training for sales and marketing teams in a recent issue of Today's General Counsel.

Insights

Jeffery M. Cross Authors Article on Antitrust Violations

Jeffery M. Cross recently authored an opinion piece on antitrust violations.

Jeffery Cross Writes in Favor of Eliminating Antitrust Exception to Corporate Charging Guidelines

Jeffery Cross authored the column, "Eliminate the Antitrust Exception to Corporate Charging Guidelines," which was published in the June/July 2014 issue of Today's General Counsel.

Jeffery Cross and Deborah Bornstein Pen Article on Dean Foods Antitrust Case

Jeffery Cross and Deborah Bornstein recently co-authored an article called "6th Circuit Ruling on Geographic Market Could Have Done More," which published on March 18, 2014, in Law360 Competition and Law360 Appellate.

Events

June 10, 2014 - 3:00pm

Food Executives’ Roundtable: The Sysco/US Foods Merger: The Impact of Consolidation in the Foodservice Channel

A panel of foodservice industry participants will lead discussion with attendees of the recently announced merger of Sysco and US Foods pending with antitrust authorities.
May 28, 2014 - 7:30am

An Antitrust and IP Breakfast Seminar - The Legal and Economic Issues of Standard Setting: SSOs, SEPs and F/RAND

Jeffery Cross and Edward Rice, Partners in the Litigation Practice Group, along with Anne Layne-Farrar and Sean Durkin from Charles River Associates will explore the legal and economic issues of standard setting.
April 29, 2014 - 7:30am

An Antitrust and IP Breakfast Seminar - The Legal and Economic Issues of Standard Setting: SSOs, SEPs and F/RAND

Jeffery Cross and Edward Rice, Partners in the Litigation Practice Group, along with Anne Layne-Farrar and Sean Durkin from Charles River Associates will explore the legal and economic issues of standard setting.
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