M. Laurence (Larry) Popofsky

Senior Counsel
Antitrust & Competition

Laurence Popofsky, a senior counsel in Orrick’s San Francisco office, is a member of the Litigation Group. Mr. Popofsky focuses his practice on a variety of antitrust and intellectual property matters, encompassing all aspects of antitrust jurisprudence, both state and federal court and agency alike.

Mr. Popofsky has argued two cases in the U.S. Supreme Court and achieved a landmark victory in Continental T.V., Inc., et al. v. GTE Sylvania Inc.  He has also argued more than 60 appeals, the majority of which involved antitrust issues. More recently, he led the litigation teams representing Visa U.S.A. in antitrust litigation involving Dean Witter, Discover and American Express, and served as appellate counsel in LePage’s v. 3M, McKenzie v. PeaceHealth, and Masimo v. Tyco bundling pricing cases.

Mr. Popofsky lectures extensively on antitrust and related issues, including, most recently, at the Sedona Antitrust Conference in 2006-2007. He co-chaired the Advanced Antitrust Course on several occasions and is currently on the Antitrust Advisory Committee of the Practising Law Institute. He has written numerous articles in the field of antitrust and has served on the Trade Regulation Advisory Board of the Bureau of National Affairs for more than 30 years. He was recently invited to testify before the Department of Justice’s Antitrust Modernization Commission and the DOJ-FTC Merger Guidelines Workshop. He was invited to lecture at Oxford University’s Center of Competition Law & Policy in 2013 on the subject of vertical restraints and resale price maintenance under American law, and in 2014 on opt-out antitrust class actions.

Before joining Orrick, Mr. Popofsky was at Heller Ehrman LLP and served as firm chairman from 1985 to 1992.

M. Laurence (Larry) Popofsky
Select Publications
  • "Does Leegin Liberate the Law Governing Horizontal Conspiracies From its Vertical Contamination?," Upcoming Spring Issue, Antitrust Law Journal (2012)
  • "Bundled Discounting: From LePage's To PeaceHealth, and Beyond" The Sedona Conference Journal (2008) (with Adam J. Gromfin)
  • "Drawing a Line between Bundling and Contractual Exclusion under the Sherman Act" Online Global Competition Policy, Release One (2008)
  • "How We Convinced The California Supreme Court That the Cartwright Act Did Not Regulate Mergers," Competition, Vol. 17, No. 2, Fall 2008) (with Aton Arbisser)
  • "Vertical Restraints in the 1990s; Is there a 'Thermidorian Reaction' to the Sylvania Orthodoxy?" 62 Antitrust Law Journal 729 (1994) (with Mark S. Popofsky)
  • "Sylvania -- Fifteen Years After from the Perspective of a (Sometimes) True Believer," Vol. 60, Issue 1, Antitrust Law Journal (1991)
  • "The Hard Boiled 'Rule of Reason' Revisited," 56 Antitrust Law Journal 195-212 (1987) (with David B. Goodwin)
Admitted In
  • California
Court Admissions
Supreme Court of the United States
    United States Court of Appeals
    • Second Circuit
    • Third Circuit
    • Ninth Circuit
    • Tenth Circuit
    • Eleventh Circuit
    United States District Court
    • Central District of California
    • Northern District of California
    • Southern District of California
    • Eastern District of California

    Education
    • LL.B., cum laude, Harvard Law School, 1962
    • B.A., First Class Honors, Rhodes Scholar, University of Oxford, 1960
    • B.A., summa cum laude, The University of Iowa, 1958
    Honors
    • Ranked "Senior Statesman, Antitrust" in Chambers Global 2014 and in Chambers USA 2013
    • Named one of The Best Lawyers in America, Bet-the-Company Litigation, Commercial Litigation and Litigation-Antitrust, 1988-2014
    • Included in International Who's Who of Competition Lawyers and Economists, 2010-2014; International Who's Who of Business Lawyers 2014; Who's Who in the World 2009, 2010; and Who's Who of Executives and Professionals, 2009, 2010
    • Visiting Lecturer, Centre for Competition Law and Policy, Oxford University Law School, 2013 and 2014
    • Visiting Professor Lazarski University, Warsaw, Poland, 2012
    • Adjunct Professor of Antitrust, University of San Francisco, 2009-2012
    • Appointed Special Master by United States District Court, Eastern District of Michigan, Southern Division, 2010
    • Recognized by P.L.C. Which Lawyer as a leading lawyer in the area of Competition/Antitrust, 2009, 2010
    • Named 2010 "Lawyer of the Year" for Antitrust in San Francisco by Best Lawyers of America
    • Ranked, "California General Commercial Senior Statesman," Chambers USA, 2009, 2010
    • Visiting Professor, Central European University, Summer 2005
    • "California Antitrust Lawyer of the Year," State Bar Association, 1999
    • Fellow, American College of Trial Lawyers
    • Elected to the California Academy of Appellate Lawyers
    Memberships
    • American Bar Association
    • State Bar of California
    • Bar Association of San Francisco
    • American College of Trial Lawyers, Fellow
    • American Bar Foundation

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