Over the past year, the Division has promoted a number of career attorneys to positions of leadership. In particular, the Division welcomed a new chief legal advisor, four new section chiefs, and ten new assistant section chiefs.
Chief Legal Advisor Dorothy Fountain
Chief Legal Advisor
In 2016, Dorothy Fountain became the Division’s Chief Legal Advisor. In this capacity, Dorothy serves as the Division’s principal lawyer for internal risk minimization and oversight, advising and providing guidance to the Assistant Attorney General and Division staff on the Division’s jurisdiction and law enforcement authority and potential areas of legal risk or vulnerability. Dorothy and her two deputies, for civil and criminal antitrust issues respectively, also advise investigating teams on recurring litigation- and privilege-related issues; supervise the Division’s remedy policies, including guidance on drafting remedies and remedy enforcement; and interpret and provide guidance on procedural statutes, such as the Antitrust Procedures and Penalties Act, the Hart-Scott-Rodino Act, the Antitrust Civil Process Act, and comparable criminal statutes.
Dorothy is also responsible for coordinating responses to suits against or subpoenas issued to the Division and for responding to inquiries from the Department’s Inspector General and Office of Professional Responsibility and from the Government Accountability Office. She supervises the Division’s ethics officer, the Division’s employment counsel, and the Freedom of Information Act/Privacy Act Unit.
“I am delighted to have the opportunity to build on the work of my predecessor, Bob Kramer,” Dorothy says. “I believe that my 20-year tenure in the Division, during which I have served in a variety of roles—at the staff level, the section management level, and in the Front Office—positions me well to provide sound legal and policy guidance to the incoming Division leadership and to the Division’s career staff. In addition, I have assembled a highly talented team, including my civil and criminal deputies and the Division’s ethics officer and employment counsel, who bring years of experience and substantive expertise to their respective positions.”
Dorothy joined the Antitrust Division in 1997 as a trial attorney in the Transportation, Energy, and Agriculture Section (TEA). From 1999 to 2001, she was a special assistant to the director of operations and the directors of civil and criminal enforcement. After a brief return stint in TEA, she became deputy director of operations in 2002. In that capacity, among other things, she advised the AAG and DAAGs on Division policy and practice relating to civil antitrust matters; oversaw Division civil investigations and cases, providing guidance and direction to Division managers and staff attorneys on a wide range of investigative, legal, and policy issues; and represented the Division at meetings of various international organizations. From 2006 to 2015, Dorothy served as assistant chief in the Litigation II Section, where she supervised approximately 30 attorneys, providing guidance and direction in all aspects of the Section’s investigations and cases.
Prior to joining the Division, Dorothy served as a judicial law clerk and was a litigation associate at Davis Wright Tremaine. She received her J.D. from the University of Virginia School of Law, where she served as Executive Editor of the Virginia Law Review. Dorothy is also a member of the leadership of the American Bar Association’s Section of Antitrust Law.
Four of the Division’s sections welcomed new section chiefs over the past year.
The Networks and Technology Enforcement Section (NTES) recently welcomed a new Chief, Aaron Hoag, who was promoted from Assistant Chief, a position he had held since 2013. As chief, Aaron supervises all aspects of work in the section that handles the Division’s investigations into computer hardware and software, high-tech component manufacturing, internet-related businesses, financial services, and the securities industry.
During Aaron’s time as assistant chief and chief, NTES has had a number of significant successes, including a litigation victory to unwind Bazaarvoice’s acquisition of PowerReviews. Aaron conducted successful direct examination of the Division’s economic expert at trial and cross-examination of Bazaarvoice’s economic expert. As assistant chief, Aaron also played a key role in two substantial mergers—Applied Materials/Tokyo Electron and Bumble Bee/Chicken of the Sea—both of which were abandoned in response to the Division’s competitive concerns.
Prior to his appointment as assistant chief, Aaron was a trial attorney in NTES from 2003 to 2013 and in the Mergers Task Force/Litigation II Section from 1997 to 2000. During that time, he led some of the Division’s highest profile high tech matters, including the Division’s investigations into the merger of Live Nation and Ticketmaster and into Google’s acquisition of ITA. Serving as an attorney in the section tasked with most of the Division’s high tech industries is a perfect match for Aaron’s interests. He notes that he was “hooked” on working in antitrust after hearing former Division official Joel Klein speak about the Division’s Microsoft cases in a seminar on law and technology while in law school.
Aaron has also served the Division in a variety of roles outside of his position as a trial attorney. He contributed to Division hiring of new and experienced attorneys. He has served as a resident advisor for foreign antitrust agencies, conducting numerous sessions on antitrust fundamentals. And he has helped lead the U.S./Canada merger working group, which brings together enforcers from both countries to share best practices. Aaron served as a Special Assistant in the Office of Operations from 2001 to 2002 and as Special Counsel for Microsoft Decree Enforcement from 2005 to 2011.
Aaron has received several team Antitrust Division Awards of Distinction as well as an individual Antitrust Division Award of Distinction and the Attorney General’s Award for Distinguished Service for his work on the Microsoft investigation. He was selected as a Victor H. Kramer Fellow, spending the 2012-2013 academic year in residence at Harvard Law School, supplementing his practical expertise with academic study.
Aaron is a graduate of Harvard Law School, where he was the editor-in-chief of the Harvard Journal of Law & Technology, and a graduate of Johns Hopkins University. He came to the Division in 1997 as an honors attorney after completing a clerkship. He was attracted to the Division “as the place where the most interesting and important antitrust work was being done” and noted that it had “a reputation as a place where young attorneys got great substantive opportunities early in their careers.”
Owen Kendler was recently promoted to Chief of the Litigation III Section (Lit III). As the section head, Owen oversees the Division’s civil antitrust enforcement, competition advocacy, and competition policy in the areas of motion pictures, music publishing, concert and event promotion, publishing, radio, television, newspapers, advertising, sports and recreation, credit cards, and real estate. Owen has been instrumental to a number of Lit III’s recent successes, including its victory against Apple in the ebooks litigation.
Owen joined the Division in 2003 as an honors attorney after completing a judicial clerkship. In Lit III, he played a key role in several investigations, including the Division’s challenge to anticompetitive restraints by the National Association of Realtors. In addition to his service in Lit III, Owen has sought out opportunities in other parts of the Division and work on a diverse array of commodities. As he notes, “the opportunity to learn about each market’s idiosyncrasies keeps the work interesting.”
From 2011 to 2014, Owen served as counsel to the Assistant Attorney General (AAG). In that role, Owen assisted the AAG and the Deputy Assistant Attorneys General in investigation, litigation, and policy matters. He advised the AAG on enforcement decisions and the issuance of civil investigative demands and second requests, and he wrote speeches and assisted with the AAG’s other public engagement. From 2014 to 2016, Owen served as an assistant chief of the Telecommunications and Media Enforcement Section. He was detailed to the Federal Communications Commission from July 2015 to May 2016 to lead its investigation of the Charter/Time Warner Cable merger.
The Department and the Division have recognized Owen’s significant contributions, awarding him the Attorney General’s John Marshall Award in 2009 for his work on the National Association of Realtors case, and Antitrust Division Awards of Distinction for his work on U.S. v. Apple, U.S. v. ABI/Grupo Modelo, and Comcast/Time Warner Cable.
Owen received his J.D. from the University of Pennsylvania Law School, his M.Sc. in Economics from the University of Bristol, and his B.A. from Washington University in St. Louis.
The Division recently promoted Foreign Commerce Section Assistant Chief Lynda Marshall to the position of Section Chief. As the head of the Division’s international section, Lynda oversees the development and implementation of Division policy on issues of international antitrust enforcement. She manages the Division’s liaison with international competition organizations such as the International Competition Network (ICN) and the Organisation for Economic Co-operation and Development (OECD). Lynda supervises the Division’s relationships with its counterpart antitrust enforcement agencies outside the U.S., including leading the Division’s case cooperation efforts, and also manages the Division’s relationships with other Federal agencies involved in international trade and competition.
During Lynda’s tenure in the Foreign Commerce Section, the Division has seen a tremendous growth in cooperation with international counterparts, both in terms of the number of matters on which we are cooperating, and the depth of that cooperation. As Lynda points out, “case cooperation is the rule now, not the exception. This is good for Division staff, who benefit from additional expertise and information, for parties who get more aligned resolutions, and for the development of competition policy generally as deeper cooperation helps drive consistency across jurisdictions.” Case cooperation is a great example of how the Foreign Commerce Section fits into the Division’s mission of promoting and maintaining competition in the American economy. As business has become more international, so have the Division’s cases. Lynda notes that, “Our job in Foreign Commerce is two-fold—to work on the international front to enable our litigating colleagues to enforce the Federal antitrust laws and to advocate globally for strengthening markets and preserving economic freedom.” Foreign Commerce, under Lynda’s leadership, accomplishes this through bilateral engagement with our international counterparts, through multilateral organizations such as OECD and ICN where enforcers agree on substantive standards and promote fair procedural practices, and also through engagement with other U.S. Government agencies on international competition issues.
Prior to joining the Division in 2012, Lynda was a partner in the Antitrust, Competition and Economic Regulation Group at Hogan Lovells US LLP (previously Hogan & Hartson). There, she counseled clients on a wide variety of U.S. and international antitrust and competition matters, including mergers and acquisitions, joint ventures, conduct investigations, distribution arrangements, litigation, and antitrust compliance. She advised global multinational corporations on privacy and data protection matters, with primary focus on E.U. and non-U.S. privacy laws and global privacy compliance.
Lynda received her J.D. from the University of Virginia School of Law and her undergraduate degree at the University of Notre Dame. She has been recognized in the Global Competition Review’s Women in Antitrust (2013), Chambers USA, Competition and Antitrust, Up and Coming (2011), Who’s Who Legal: the International Who’s Who of Business Lawyers, Competition Section (2011), Legal 500 US, Technology: Data Protection and Privacy (2011), and Global Competition Review, Forty Under 40 (2008).
Kate Patchen was recently promoted from Assistant Chief to Chief of the San Francisco Office. As section chief, Kate supervises all aspects of the Office’s civil and criminal investigations.
In the past few years, Kate has led and managed the Division’s investigation of residential mortgage foreclosure auction bid rigging in four northern California counties. To date, the investigation has resulted in the convictions of 63 defendants for bid rigging, including five defendants convicted in two separate jury trials.
Kate served as a trial attorney in the San Francisco Office from 2004 to 2014, and then as assistant chief from 2014 until her promotion to chief. In addition to her responsibilities on the real estate cases, as assistant chief, Kate represented the United States at trial in the multi-defendant wire fraud prosecution of U.S. v. Markevich, et al. and was responsible for pretrial motions, multiple direct and cross examinations, and closing argument, resulting in convictions of all six defendants on all charges. As a trial attorney, Kate investigated eight international cartel cases and was responsible for evaluating leniency applications, conducting witness interviews, drafting grand jury document subpoenas and negotiating compliance, making carve-out recommendations, and negotiating plea agreements. She represented the United States at trial in two international cartel prosecutions, U.S. v. AU Optronics Corp et al. and U.S. v. Swanson.
Kate has served the Division and the Department in many ways. She oversaw Division-wide training for new criminal attorneys and organized outreach and training to procurement and law enforcement officers. She served on the Department’s Disaster Fraud Task Force, and co-chaired the Division’s American Recovery and Reinvestment Initiative, which resulted in Division attorneys making outreach and training presentations to more than 15,000 Federal and state procurement officials and investigative agents nationwide, helping them understand how to spot collusion. Kate received the Attorney General’s Award for Distinguished Service (2012) and the Attorney General’s Award for Fraud Prevention (2010).
Kate says that her favorite part of working at the Division is the people she works with. “I thoroughly enjoy practicing law in San Francisco with a group of incredibly smart, talented, and motivated attorneys who care deeply about the Division’s mission of protecting competition and enforcing criminal antitrust laws.”
Kate joined the Division in 2002 as an honors attorney and served one year in the Litigation II Section and spent a year as a special assistant U.S. attorney in the Western District of Washington in Seattle before joining the San Francisco Office.
Other Leadership Appointees
The Division also appointed ten attorneys to assistant chief positions over the past year:
- David Altschuler, previously Special Assistant to the Directors of Enforcement, was appointed Assistant Chief of the Litigation II Section.
- Kathleen Bradish was promoted from Attorney Advisor in the Foreign Commerce Section to Assistant Chief of that section.
- Ryan Danks and Daniel Haar, previously Counsel to the Assistant Attorney General, were appointed Assistant Chief of the Washington Criminal I Section and the Legal Policy Section, respectively.
- Danielle Hauck, Jared Hughes, Manish Kumar, Joe Muoio, and Yvette Tarlov were promoted from trial attorneys to Assistant Chiefs of the Networks and Technology Enforcement Section, Telecommunications and Media Enforcement Section, San Francisco Office, New York Office, and Litigation III Section, respectively.
- Katrina Rouse was promoted from trial attorney in the Litigation I Section to Assistant Chief of the San Francisco Office.
Finally, the Division appointed several attorneys to positions in the Front Office:
- Emma Burnham, David Lawrence, and Brinkley Tappan were appointed Counsel to the Assistant Attorney General.
- Andy Ewalt was appointed Counsel to the Director of Litigation.
- Michelle Rindone was appointed Counsel to the Director of Criminal Enforcement.
- Trisha Corcoran and Katie Stella were appointed Special Assistants to the Directors of Enforcement.