Howard Mark Ullman

Howard Mark Ullman

Orrick, Herrington & Sutcliffe LLP • San Francisco, CA
Antitrust Trade LawAntitrust and CompetitionAntitrust LitigationGeneral PracticeJoint Ventures

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Contact

Email
Phone
(415) 480-0511
Address
405 Howard Street, San Francisco, CA, 94105, US

Professional

About

What do I do? I help companies avoid or mitigate antitrust and competition law issues and risks, either in connection with intellectual property or otherwise. I can help review or structure pricing and distribution policies; consult on franchise supply issues; advise on mergers, acquisitions, and joint ventures; or consult on IP license issues. I can also work through issues involving cooperation with competitors, distribution structures and dealer restraints, as well as dealer terminations. I also write and review antitrust compliance policies and conduct antitrust training seminars, and work with trade associations to ensure antitrust law compliance. Additionally, I counsel on exclusive dealing; product tying; IP licensing; distributor or supplier terminations; price discrimination, resale price maintenance, minimum advertised price programs, and below-cost pricing; market concentration and market definition; the application of state unfair antitrust and competition laws; and other related issues. I also litigate when problems are unavoidable and businesses face litigation in any of these or related areas, as well as in the areas of business torts and general commercial litigation. In litigation, * I represent clients (both defendants and corporate plaintiffs) in antitrust litigation. On the defense side, I have represented clients in private suits, class action litigation, class action opt-out litigation, and government actions. * I routinely work on claims involving pricing, price fixing, below-cost pricing, information exchanges, monopolization, attempted monopolization, and unfair competition. * I often work on cases at the intersection of antitrust and competition law and IP law — particularly on cases involving patents. * I have worked on the responses to numerous government subpoenas (including grand jury subpoenas), civil investigative demands (“CIDs”), and Hart-Scott-Rodino (“HSR”) second requests. * I work on cases at all levels of the judicial system, from trial courts to appellate courts. My experience: I have over 15 years experience in commercial litigation and business counseling, focusing on antitrust, trade, and distribution law issues (including in the IP area), among others. I previously served on the Executive Committee of the California Bar’s Antitrust and Unfair Competition Law Committee. I’ve also served on various other bar association committees, including at the American Bar Association. I clerked on the United States Court of Appeals. I am admitted to practice in California and Ohio, and before the Northern, Central, and Southern Districts of California, the Southern District of Ohio, and the D.C., Sixth and Ninth Circuits. My blog is . I graduated from Harvard Law School and the University of Chicago. I’ve recently started a LinkedIn Group on Competition and Intellectual Property Law. You can find it here.

About Antitrust Trade Law

Antitrust attorneys handle matters involving competition law, market practices, and trade regulations. They help businesses comply with antitrust laws and defend against claims. Common matters include price fixing, monopoly claims, merger review, trade practices.

Credentials

Education
1992 Harvard University Law School J.D. 1989 Univ of Chicago B.A.
Languages
Russian | English

Recognition & Involvement

Awards
1996 Diploma, National Institute for Trial Advocacy 1992 J.D., magna cum laude, Harvard Law School 1991 Member, Editorial Board, Harvard Law Review, Harvard Law School
Publications
2014 Law360 2nd Circ. FTAIA Ruling: Some Clarity, Some Unresolved Issues 2013 Daily Jorunal State High Court Looks to Untangle Overlapping Statutes 2013 Law360 A Modern Look at the 9 Patent Licensing 'No-Nos' 2013 Today's General Counsel Below-Cost Pricing Law in California 2011 The Recorder UCL Claims May See a Surge: Recent Decisions Have Lowered the Pleading Hurdle for Plaintiffs Alleging They Were Misled by Product Labeling
Associations
2016 - Present Bar Association of San Francisco, Antitrust and Business Regulation Section Executive Committee Member 2015 - Present University of Chicago Bay Area Alumni Club Secretary 2005 - Present Association of Business Trial Lawyers (Northern California chapter) Co-editor, ABTL Report; antitrust columnist 2005 - 2008 State Bar of California, Antitrust and Unfair Competition Section Member, Executive Committee 2004 - 2006 American Bar Association, Antitrust Law Section, Business Torts and Civil RICO Committee Vice-Chair
Speaking
2016 Webinar Practical Aspects of Law Firm Conflicts of Interest: What Every In-House Lawyer Should Know 2016 Webinar Discounted Pricing Clauses 2014 Webinar Antitrust Issues in Intellectual Property Licensing Transactions 2013 Webinar Nine Patent Licensing No-Nos 2012 Webinar Tying Arrangements: Avoiding Antitrust Liability
Updated: Mar 08, 2026