Robert E. Connolly

  • Palm Springs – Philadelphia
  • +1(215) 219-4418
  • +1(760) 620-5361 (Voicemail Only)
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Education

Rutgers Law School (1980)
Cum laude
Law Review
National Moot Court

SUNY Cortland (1977)
BA Political Science
Cum laude

Kramer Fellowship (1986)
Yale University

Bar Admissions

California
Pennsylvania

Areas of Focus

Antitrust
Compliance
Whistleblower
White Collar Defense

I have had a diverse legal career as: a prosecutor in the Antitrust Division of the United States Department of Justice;  a defense attorney representing clients in securities fraud and antitrust matters; a plaintiff's attorney representing individuals in whistleblower cases of fraud against the government; an adjunct professor of law at two law schools in the Philadelphia area;  a compliance counselor to domestic and international firms; and as an author of many articles on cartels, competition and compliance.

I started my legal career in a regional (Philadelphia) Field Office of the Antitrust Division. After seven years I became the Assistant Chief and spent the last twenty years of my career at the DOJ as Chief of the office. I was lead attorney on dozens of local, national and international cartel investigations and many jury trials. Some highlights include: the then largest ever fine ($134 million) against a corporation after obtaining a conviction at trial; the extradition, trial and conviction of a British executive for obstruction of justice; receiving the DOJ’s John Marshall Award (the DOJ’s highest trial honor); being awarded a Fellowship at Yale University, and leading an office that was known for its productivity, innovation, integrity, and common-sense approach and that was an enjoyable place to work.

I have been in private practice since 2013. I’ve had a wide range of experience in a short time.  The common denominator is that my extensive experience and reputation as a federal prosecutor gives me insight and credibility when dealing with federal and state attorneys.  I was brought in to represent a “target” in a securities fraud matter. I negotiated with the Assistant United States Attorneys and the client went from target to government witnesses who was not prosecuted.  I represented another individual in a matter with the Antitrust Division and obtained non-prosecution for a senior executive in a criminal price fixing investigation. In civil litigation against the United States, I successfully represented a foreign company charged with defrauding the United States.  I have also assisted in class action antitrust litigation. I have worked with federal prosecutors when representing clients in qui tam (whistleblower) actions. 

After leaving DOJ, I was free to write, and I have an ABA award winning blog (Cartel Capers). My articles and blog have been often cited, including by Judge Richard Posner in Motorola Mobility v. AU Optronics, 775 F.3d 816, 826-27 (7th Cir. 2015). I have also taught antitrust law as an adjunct professor and given compliance presentations to corporations both domestic and internationally.

Today, I practice as a solo attorney and take on a variety of matters where my experience and ability to deal with people (particularly federal criminal and civil prosecutors) can achieve optimal results for clients without breaking the bank. While I practice alone, when it best serves clients’ interests, I have teamed up with some of the outstanding attorneys I have met during my career. I live in Palm Springs, California but handle matters in federal court nationwide.

This information constitutes attorney advertising, because if we are a good fit, I’d be honored to represent you or your company.  I have been admitted to practice before the Supreme Court and I am a member of the bars of the States of California and Pennsylvania.

Please feel free to give me a call at (215) 219-4418 or email me at bob@reconnollylaw.

Antitrust Division, U.S. Department of Justice

·    Extradition, trial and conviction by jury of British executive for obstruction of justice of a grand jury investigation.

·    Trial and conviction by jury of a Japanese corporation for aiding and abetting international price fixing conspiracy. Post-trial fine of $134 million imposed.

·    Trial and conviction of executive for perjury for false testimony in the grand jury.

·    Various other jury trials for national price fixing conspiracies; regional road construction bid rigging; and other government fraud trials.

Private Practice

·    Represented client in a federal securities fraud investigation.  Was brought in after client received a target letter. Obtained result of no indictment of client in return for cooperation.

·    Represented senior executive in the Antitrust Divisions generic drug price fixing investigation. Negotiated a non-prosecution and cooperation agreement.

·    Represented a foreign company and its executives in federal civil litigation. The United States had seized over $2 million of client’s assets.  Assets were returned after successful litigation challenging the basis of the seizure.

·    Represent numerous individuals in whistleblower (qui tam) litigation.  Industries involved include health care and other government contracting.  Several confidential multi-million dollar settlements reached.  Other litigation ongoing.

·    Represented individual in connection with State of New Jersey fraud investigation. The State dropped the investigation.

·    Represented a company and its executives in unfair competition and false advertising matter challenging the conduct of a competitor.

Miscellaneous

·    Member of American Bar Association, Antitrust Section Leadership

·    Panelists on multiple American Bar Association, Antitrust Section presentations

·    Frequent speaker at Society of Corporate Compliance and Ethics Conference

·    Speaker at Ethics and Compliance Officers Association

Adjunct Professor

I have been an adjunct professor of antitrust law at both Rutgers Law School and Drexel Law School.

·    Mobility v. AU Optronics, 775 F.3d 816, 826-27 (7th Cir. 2015).  My highest honor as an antitrust attorney was being quoted at length by Judge Richard Posner in this important antitrust decision. Judge Posner quoted both an article I had written and a post on my blog, Cartel Capers. 

·    Cartel Capers:   Since I left the Department of  Justice in 2013, I have been writing a blog covering leading cases and important issues in cartels, competition and compliance.  Cartel Capers has been named a “Top 100 Blog” by the American Bar Association.

·    United States Department of Justice, John Marshall Award  

      In 2002, I received the Department of Justice’s highest award for trial attorneys.  This award was based on conviction after jury trial of large international company for aiding and abetting a price fixing cartel.  The company was fined a then record $134 million;
https://www.nytimes.com/2001/05/11/business/mitsubishi-settles-antitrust-case.html

·   Yale University Kramer Fellowship (1987)

      I received this competitive award made annually to one
impactful attorney in the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commision. The award funds a year of study at Yale University School of Law and Yale’s Business School.

·    Department of Justice Outstanding Service and Special Achievement Awards

      During my 33 year career at the Department of Justice I received numerous awards for Outstanding Service and Special Achievement.

·    Defense Department Outstanding Prosecutor (1987)

      I was given this recognition by leadership in the United States Department of Defense for leading multiple successful investigations and prosecutions of collusion on DOD contracts.

·    Cartel Capers; www.cartelcapers.com

      ABA award winning blog on cartels, competition, and compliance

 

·    The Bid Rigging Whistleblower:  

      www.bidriggingwhistleblower .com

      Blog covering whistleblower awards in government contract  cases

 

·    It’s a Crime There Isn’t A Criminal Antitrust Whistleblower Statute, Antitrust Law Daily, April 2017

·      Per Se “Plus:” A Proposal to Revise the Per Se Rule In Criminal Antitrust Cases
https://www.americanbar.org/content/dam/aba/publications/antitrust_magazine/anti_spring2015_connolly.authcheckdam.pdf  (ABA Journal)

 

Law 360 Expert Analysis

 

·    DOJ Should Encourage The Bid-Rigging Whistleblower, July 2018;
https://www.law360.com/articles/1062155/doj-should-encourage-the-bid-rigging-whistleblower

 

·      Was Heir-Tracker Antitrust Indictment A Hair Too Late?
https://www.law360.com/articles/1012992/was-heir-tracker-antitrust-indictment-a-hair-too-late-

·    Sherman Act Is An Unconstitutional Criminal Statute;
https://www.law360.com/articles/945198/sherman-act-is-an-unconstitutional-criminal-statute-part-2

 

·    The Current a Capacitor Investigation May be the Tip of a large Iceberg, October 1, 2015,
http://www.law360.com/articles/707956/current-capacitor-investigation-may-be-tip-of-large-iceberg

 

·   Why the Supreme Court Refused to Hear the FTAIA Appeals, June 16, 2015,
http://www.law360.com/articles/668031/why-the-supreme-court-refused-to-hear-the-ftaia-appeals

 

·    In 2014, Plaintiffs Gained Some Ground Lost After Twombly, Dec 16, 2014
http://www.law360.com/articles/602935/in-2014-plaintiffs-gained-some-ground-lost-after-twombly

 

·    Problems with Volume of Commerce in Antitrust Sentencing, Sept 15, 2014
http://www.law360.com/articles/576516/problems-with-volume-of-commerce-in-antitrust-sentencing

 

·    When Cartel Investigators Come Calling, Sept 9, 2013
http://www.law360.com/articles/470569/when-cartel-investigators-come-calling-10-dos-and-don-ts

 

·    Corporate Leniency Should Come With a Warning Label, May 22, 2013
http://www.law360.com/articles/443746/corporate-leniency-should-come-with-a-warning-label 

 

 

Global Competition Review

 

·      All aboard the Antitrust Whistleblower ExpressOctober 2017,
https://globalcompetitionreview.com/article/usa/1149195/all-aboard-the-antitrust-whistleblower-express

·    The Case for Repealing the FTAIA, April 21, 2015,
http://globalcompetitionreview.com/usa/article/38446/analysis/

 

 

Mlex  Expert Insights

 

·    A Peek behind the Record Frank Peake Jail Sentence, December 20, 2013,
http://www.mlex.com//Attachments/2013-12-20_O8JJR453V49YP475/DLA%20Piper%20abex%2020-12-13.pdf 

 

·    The Antitrust Division’s Policy on Independent Compliance Monitors:  Is It Misguided?, July 17, 2013,
http://www.mlex.com/PlaintiffLitigation/DetailView.aspx?cid=423779&siteid=-1

 

      Society of Corporate Compliance and Ethics, Compliance and Ethics Magazine

 

·   Some Thoughts on Antitrust Risk Assessment, September 2015,
http://www.sccemagazine.org/complianceandethicsprofessional/201509?folio=29&pg=29#pg29

 

·    We are From the Government and We Are Here to Help, July 2015,
http://www.sccemagazine.org/complianceandethicsprofessional/201507?folio=47&pg=47#pg47

 

·    Amnesty Works for the Government; Can it Work for You?  May 2015
http://www.sccemagazine.org/complianceandethicsprofessional/201505?folio=21&pg=21#pg21

 

·    The Antitrust Division’s Playbook:  An Insider’s look, March 2015,
http://www.sccemagazine.org/complianceandethicsprofessional/201503?folio=67&pg=67#pg67.

 

 

 

ABA Antitrust Section, Cartel and Criminal Practice Newsletter

 

·    Collusion at AuctionsSeptember 2014

 

·    A History of Antitrust Penalties, Part II, Spring 2014 

 

·    A History of Criminal Antitrust Penalties, Part I, October 20, 2013