Bill Markovits practices in the area of complex civil litigation, with an emphasis on securities, antitrust, RICO, and False Claims Act cases. Bill began his career as a trial lawyer at the U.S. Department of Justice Antitrust Division in Washington, D.C. He continued a focus on antitrust after moving to Cincinnati, where he became an adjunct professor of antitrust law at the University of Cincinnati Law School. Bill has been involved in the past in a number of notable cases, including: the Choice Care securities, antitrust and RICO class action in which the jury awarded over $100 million to a class of physicians; a fraud/RICO case on behalf of The Procter & Gamble Company, which resulted in a settlement of $165 million; an eleven year antitrust and RICO class action against Humana, including appeals that reached the United States Supreme Court, which culminated in a multi-million dollar settlement; and a national class action against Microsoft, in which he was chosen from among dozens of plaintiffs’ attorneys to depose Bill Gates. More recently, Bill was: a lead counsel for plaintiffs in the Fannie Mae Securities Litigation that settled for $153 million; a lead counsel for plaintiffs in a class action against Duke Energy that settled for $80.75 million; and lead counsel for plaintiff in Collins v. Eastman Kodak, where he successfully obtained a preliminary injunction against Kodak on an antitrust tying claim. Based upon the result in Collins, Bill was a 2015 finalist in the American Antitrust Institute’s Antitrust Enforcement Awards under the category “Outstanding Antitrust Litigation Achievement in Private Law Practice.”
Bill has received a number of awards and designations, including current and past designations as a “Best Lawyer in America” in the fields of antitrust and commercial litigation.
Harvard Law School, J.D. (1981), cum laude
Washington University, A.B. (1978), Phi Beta Kappa
Significant and Representative Cases:
- Collins v. Eastman Kodak, United States District Court, Southern District of Ohio. Lead counsel representing Collins in antitrust tying claim, resulting in preliminary injunction against Kodak.
- In Re Federal National Mortgage Association Securities, Derivative, and “ERISA” Litigation, United States District Court, District of Columbia. Co-lead counsel representing Ohio pension funds in securities class action that settled for $153 million.
- Ohio Employees Retirement System v. Federal Home Loan Mortgage, aka Freddie Mac, et al., United States District Court, Northern District of Ohio, Eastern Division. Special counsel representing Ohio pension fund in securities class action.
- Williams v. Duke Energy et al., United States District Court, Southern District of Ohio. Representing class of energy consumers against energy provider in complex antitrust and RICO class action that settled for $80.75 million.
- In Re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, United States District Court, Central District of California. Former member of economic loss lead counsel committee, representing class of consumers in litigation relating to sudden acceleration.
- In Re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, United States District Court, Eastern District of Louisiana. RICO workgroup coordinator in class action resulting from oil spill.
- In Re Microsoft Corp. Litigation, United States District Court, District of Maryland. Member of co-lead counsel firm in antitrust class action.
- Procter & Gamble v. Amway Litigation, United States District Court, Southern District of Texas, at Houston; United States District Court, District of Utah, at Salt Lake City. Member of trial team representing Procter & Gamble in obtaining jury verdict against Amway distributors relating to spreading of false business rumors.
- United States ex rel. Brooks v. Pineville Hospital, United States District Court, Eastern District of Kentucky. One of the lead counsel in successful False Claims Act litigation.
- Procter & Gamble v. Bankers’ Trust Litigation, United States District Court, Southern District of Ohio. Co-counsel in successful $165 million settlement; developed the RICO case.
- United States ex rel. Watt v. Fluor Daniel, United States District Court, Southern District of Ohio. Co-lead counsel of successful False Claims Act case.
- Forsyth v. Humana, United States District Court, District of Nevada. Represented class of consumers in antitrust and RICO class action; successfully argued antitrust appeal; co-chaired successful Supreme Court appeal on RICO.
- In Re Choice Care Litigation, United States District Court, Southern District of Ohio, Western Division. Trial attorney on largest antitrust/RICO/securities verdict.
Representative Presentations & Publications:
- “Implications of Sixth Circuit Collins Inkjet Corp. v. Eastman Kodak Co. Decision,” American Bar Association panel discussion, December 10, 2015
- “Defining the Relevant Market in Antitrust Litigation,” Great Lakes Antitrust Seminar, October 29, 2010
- “Beyond Compensatory Damages – Tread, RICO and The Criminal Law Implications,” HarrisMartin’s Toyota Recall Litigation Conference, Part II, May 12, 2010
- “The Racketeer Influenced and Corrupt Organizations Act (RICO),” HarrisMartin’s Toyota Recall Litigation Conference, March 24, 2010
- “The False Claims Act: Are Healthcare Providers at Risk?,” presentation to Robert Morris College Second Annual Health Services Conferences, Integrating Health Services: Building a Bridge to the 21st Century, Moon Township, PA, October 9, 1997
- “The Federal False Claims Act: Are Health Care Providers at Risk?,” (Co-Speaker), Ohio Hospital Association, April, 1996
- “A Focus on Reality in Antitrust,” Federal Bar News & Journal, Nov/Dec 1992
- “Using Civil Rico and Avoiding its Abuse,” Ohio Trial, William H. Blessing, co-author, Summer 1992
- “Antitrust in the Health Care Field,” a chapter published in Legal Aspects of Anesthesia, 2nd ed., William H. L. Dornette, J.D., M.D., editor
- Antitrust Law Update, National Health Lawyers Health Law Update and Annual Meeting (Featured Speaker), San Francisco, California, 1989
- American Association for Justice
- American Bar Association
- American Trial Lawyers Association
- Cincinnati Bar Association
- District of Columbia Bar Association (non-active)
- Hamilton County Trial Lawyers Association
- National Health Lawyers Association
- Ohio State Bar Association
- Ohio Trial Lawyers Association
- District of Columbia (1981)
- State of Ohio (1983)
- Southern District of Ohio (1983)
- 6th Circuit Court of Appeals, Ohio (1991)
- 9th Circuit Court of California (1995)
- U.S. Supreme Court, United States of America (1998)
- Northern District of Ohio (2008)