Melinda F. Levitt

Partner

Overview

Melinda F. Levitt is a partner and litigation lawyer with Foley & Lardner LLP. Melinda's practice focuses on complex commercial litigation, including the areas of antitrust, securities, and class action defense work in matters pending before federal and state courts, as well as various federal agencies. She is a member of the firm's Antitrust, Privacy, Security & Information Management and International Practices.

Melinda has developed in-depth experience in complex electronic discovery matters and regularly publishes and speaks on a variety of eDiscovery developments and recommended best practices. She also is a member of the firm’s eDiscovery & Data Management Practice.

In addition to her litigation activities, Melinda also has experience in international trade matters, having previously worked at the U.S. Department of Commerce as an import specialist. Her work in this area has included antidumping case work and counseling and representing clients before the Office of the United States Trade Representative, the European Commission and various other governmental trade officials.

Education

Melinda graduated from Brandeis University (B.A., history, cum laude, 1980); The Johns Hopkins University, School of Advanced International Studies (M.A., 1982); and the George Washington University School of Law (J.D., with honors, 1989).

Admissions

Melinda is admitted to practice in the District of Columbia and Maryland.

Languages

Melinda's foreign language skills are in both French and Italian.

Recent Publications

  • “Privacy, Wherefore Art Thou?” Legal News: Privacy, Security & Information Management (December 2018)
  • “eDiscovery Update including AI for Technology Assisted Review,” Internet, IT & E-Discovery Blog (August 2018)
  • “GDPR and U.S. eDiscovery - Who Will Win the Game of Chicken,” Foley Intelligence (June 2018)
  • “Bad Behavior in eDiscovery is Still Very Costly!” Internet, IT & E-Discovery Blog (May 2018)
  • “Glassdoor Inc. v. Superior Court of Santa Clara County,” Leading Internet Case Law (June 2017)
  • “Texts Generate New E-Discovery Dilemmas for In-House Counsel” (quoted), Corporate Counsel (July 21, 2017)

Representative Matters

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Served as lead counsel for one of three so-called “Manufacturer Defendants”—Pentair Water Pool and Spa, Inc. (“Pentair”)—in class action antitrust litigation pending in federal court in New Orleans. The class action grew out of the FTC’s investigation of distribution practices in the pool products industry. The FTC investigation resulted in a complaint and consent decree against the largest distributor of pool products: Pool Corporation and two of its affiliates, SCP Distributors LLC, and Superior Pool Products LLC (collectively “PoolCorp”). Beginning in December 2011, several class actions were filed against PoolCorp in the Eastern District of Louisiana and elsewhere. Following the consolidation of various cases in MDL litigation in New Orleans, the plaintiffs joined as defendants in June 2012 the three largest U.S. manufacturers of pool products, the Manufacturer Defendants. In addition to executing an aggressive discovery strategy, we also briefed and argued two motions to dismiss, both of which were granted in significant part. With respect to the remaining claims, they were the subject of recently filed summary judgment motions.
Represented AmeriGas Partners, L.P. in successfully obtaining antitrust clearance from the Federal Trade Commission for its approximately $2.9 billion strategic acquisition of Heritage Propane from Energy Transfer Partners, L.P. The antitrust work included steps to narrow the investigation and negotiate a limited divestiture remedy to permit a timely closing.
Represented Regal-Beloit Corporation in successfully obtaining Department of Justice (DOJ) antitrust clearance for its approximately $875 million strategic acquisition of the electric motor business of A.O. Smith. Following an investigation by the DOJ, Regal-Beloit agreed to sell certain assets to address the Department’s competitive concerns. The transaction closed in August 2011.

Insights

Privacy - Wherefore Art Thou?
20 December 2018
Legal News: Privacy, Security & Information Management
eDiscovery Update including AI for Technology Assisted Review
22 August 2018
Internet, IT & e-Discovery Blog
GDPR and U.S. eDiscovery - Who Will Win the Game of Chicken
26 June 2018
Technology Transactions Today
GDPR and U.S. eDiscovery - Who Will Win the Game of Chicken
20 June 2018
Levitt Comments on Dilemmas Text Messages Pose for E-Discovery
21 July 2017
Corporate Counsel
Levitt Quoted on Email-Intrusion Case
29 May 2013
Massachusetts Lawyers Weekly