| TYLER A. BAKER |
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| Emphasis |
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Antitrust |
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Intellectual Property |
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Complex Civil Litigation |
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Appellate |
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| Profile |
Tyler A. Baker is a partner in the Litigation Group of Fenwick & West LLP. Mr. Baker's practice is focused on complex litigation, with a primary emphasis on antitrust and intellectual property law. He has represented both plaintiffs and defendants in civil antitrust trials and has represented individuals and companies that were targets in state and federal antitrust investigations. He has provided antitrust advice to clients on a wide variety of issues, including pricing and distribution practices, joint ventures, premerger notification, and substantive merger reviews by the Department of Justice and the Federal Trade Commission. As described below, Mr. Baker has extensive litigation experience in addition to antitrust.
Mr. Baker has been recognized by his peers and clients as one of the leading antitrust lawyers in the United States in numerous surveys, including The International Who's Who of Competition Lawyers and Economists, Best Lawyers in America, Euromoney Legal Media Group's Guide to the World's Leading Competition and Antitrust Lawyers, Chambers USA's America's Leading Lawyers for Business, Northern California Super Lawyers, and Bay Area Lawyer Magazine's Guide to The Best Lawyers in the Bay Area. Prior to joining Fenwick & West LLP, Mr. Baker practiced law in Dallas, Texas. There he was named the "Go-To Lawyer" in Texas for antitrust by Texas Lawyer magazine, a "Texas Super Lawyer" by Texas Monthly magazine, and one of the "Best Lawyers in Dallas" for antitrust by D Magazine.
In addition to antitrust and trade regulation, Mr. Baker has significant experience in intellectual property cases, including patents, trade secrets, trademarks, trade dress, unfair competition, and related business torts. He has also represented clients in a number of other types of cases, including breach of contract, fraud, misrepresentation, breach of fiduciary duty, lender liability, bankruptcy fraud, tortious interference with contract, and federal "whistle blower" cases. He has been involved in numerous appeals in state and federal courts including the Ninth Circuit, and has argued in the Fifth Circuit and several Texas state courts of appeal.
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| Education |
Oxford University, B.A., jurisprudence, with First Class Honors (Rhodes Scholar) Southern Methodist University, B.A., economics, with highest honors Stanford Law School, J.D., with highest honors
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| Admitted to Practice |
Mr. Baker is admitted to practice in California and Texas and numerous federal courts, including the United States Supreme Court. |
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| Additional Information |
Reflecting his base in Silicon Valley, Mr. Baker's practice often involves antitrust issues relating to high tech and bio-tech industries. However, his experience spans a diverse range of businesses, including the automotive industry (transportation, warranties, and rental cars), book publishing, computer software, data processing, electrical generating equipment, farm equipment, fashion accessories, financial asset management, health care (hospitals, clinics, medical practice specialties, pharmaceuticals, and medical equipment and supplies), insurance, internet commerce, investment banking, light rail systems, mining, motion picture exhibition, packaging equipment, the petrochemical industry (oil and gas production and pipelines, asphalt production and distribution, natural gas processing, drilling bits, and gasoline distribution and retailing), photofinishing, recreational vehicles, semiconductors, shopping center leasing, soft drinks, telecommunications equipment, trading cards, and wine and liquor distribution.
Mr. Baker received his undergraduate education at Southern Methodist University, where he was president of the student government and class valedictorian and graduated with a B.A. with highest honors in economics. He attended Oxford University as a Rhodes Scholar, graduating with a B.A. in Jurisprudence with First Class Honors. He attended American law school at Stanford Law School, where he was a member of the Board of Editors of the Stanford Law Review and graduated with highest honors.
After receiving his law degree, Mr. Baker served as a law clerk to U.S. Judge Charles Renfrew in the Northern District of California. He then served as a law clerk to Justice Lewis F. Powell, Jr. during the 1976 Term of the United States Supreme Court. Mr. Baker was the law clerk with principal responsibility for the Court's opinion in Continental T.V., Inc. v. GTE Sylvania Inc., 433 U.S. 36 (1977), a case that led to important changes in the antitrust law of vertical restrictions by overturning the per se rule against vertical non-price agreements.
Before entering private practice, Mr. Baker was a law professor at the University of Virginia School of Law, where he taught courses in antitrust, trade regulation, business torts, intellectual property, and torts and wrote on antitrust issues. He later served as Special Assistant to William F. Baxter, Assistant Attorney General for the Antitrust Division of the United States Department of Justice. He had primary responsibility for the 1982 revision of the Antitrust Division Merger Guidelines. The analytical framework in the 1982 Merger Guidelines still forms the core of the merger policy of the Department of Justice and the Federal Trade Commission and has been adopted by many courts as the correct way to define markets and evaluate market power for mergers and other types of antitrust cases. For this work, the Attorney General of the United States awarded Mr. Baker a Special Commendation for Outstanding Service.
Mr. Baker recently represented Leegin Creative Leather Products in the district court, court of appeals, and Supreme Court of the United States in its successful effort to overturn the long-standing per se rule against vertical price agreements. Leegin Creative Leather Products, Inc. v. PSKS, __ U.S. __, 127 S.Ct. 2705 (2007).
Mr. Baker speaks and writes frequently on a variety of antitrust subjects. He has addressed the Conference Board, the Antitrust Law Section of the American Bar Association, the Antitrust Law Section of the Canadian Bar Association, The University of Texas Corporate Counsel Program, The New England Antitrust Law Conference, the Southern Methodist University Antitrust Program, the Sedona Antitrust Conference, the UCLA Institute on Mergers and Acquisitions, the Practising Law Institute, Strafford Publications Teleconferences, and the Dallas Bar Association. His articles have appeared in the University of Virginia Law Review, the Antitrust Law Journal, the Sedona Conference Journal, Competition Law International, and the Texas Lawyer. He has been a contributing editor to the following publications of the Antitrust Law Section of the American Bar Association: Monograph No. 12, Horizontal Mergers: Law and Policy (1986); Monograph No. 23, The Rule of Reason (1999); and the 2000 Annual Review of Antitrust Law Developments (2001). He is frequently quoted on antitrust issues in the press.
Mr. Baker is a member of the American Law Institute, the Advisory Board of the Sedona Conferences, the Dean's High Tech Advisory Council of Santa Clara Law School, and has served multiple terms on the Stanford Law School Board of Visitors. He is admitted to practice in California and Texas and numerous federal courts, including the Supreme Court of the United States.
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