Edward G. Biester III

is co-chair of Duane Morris' Antitrust and Competition Practice Group and a member of Duane Morris' Trial Practice Group . He represents clients in litigation, transactions and counseling on compliance with antitrust and competition laws, providing advice to manufacturers, distributors and service providers on distribution issues, and antitrust aspects of joint ventures, competitor collaboration and transactions, including Federal Trade Commission and Department of Justice merger investigations and compliance with the Hart-Scott-Rodino Antitrust Improvements Act of 1976. His litigation and arbitration experience includes antitrust, commercial, banking and insurance, corporate and securities, class action and intellectual property matters. He has also assisted clients in connection with FDIC receiverships, including banks purchasing and assuming assets and liabilities of failed banks, and has represented insurance guaranty associations in connection with insurance insolvency matters and related issues.

Mr. Biester is a member of the Antitrust Law Section of the American Bar Association, and has served as chair of its Public Education and Oral History Committee, a vice chair of its Teleseminars Committee, a vice chair of its Intellectual Property Committee and as a member of the editorial board of Antitrust magazine. He has also contributed to Antitrust Section publications, including Antitrust Law Developments (Sixth), Intellectual Property and Antitrust Handbook, and Bank Mergers and Acquisitions Handbook. In the Philadelphia Bar Association, Mr. Biester has served as the chair of the Federal Courts Committee and the chair of the Business Litigation Committee. He serves as a Judge Pro Tempore for the Philadelphia Court of Common Pleas' Commerce Case Management Program.

Resume

Experience

•Duane Morris LLP
- Partner, 1994-present
- Associate, 1986-1993
•U.S. District Court for the Eastern District of Pennsylvania, Judicial Clerk, Honorable Donald W. VanArtsdalen, 1984-1986

Honors and Awards

•Listed in The International Who's Who of Competition Lawyers & Economists, 2014-2015
•Listed in The International Who's Who of Business Lawyers, 2014

•Listed in Pennsylvania Super Lawyers, 2006-2019

•Recipient of the Philadelphia Bar Association's Wells Fargo Fidelity Award, 2010
•Listed in Super Lawyers Corporate Counsel Edition, Antitrust Litigation, 2009 and 2010
•AV Preeminent Peer Review Rated by Martindale-Hubbell

Board Memberships

•Philadelphia Bar Foundation
- Trustee, 2014

Publications

Selected Publications

•Co-author, Third Circuit Reaffirms 'Rigorous Analysis' Requirement for Class Certification, Duane Morris Alert, April 27, 2020
•Co-author, FTC and DOJ Warn Against Anticompetitive Conduct That Harms Workers During COVID-19 Crisis, Duane Morris Alert, April 16, 2020
•Co-author, Federal and State Enforcers Will Scrutinize Pricing Behavior During COVID-19 Pandemic, Duane Morris Alert, April 7, 2020
•Co-author, Expect Delays in Merger Reviews by FTC and DOJ During COVID-19 Restrictions, Duane Morris Alert, March 26, 2020
•Co-author, U.S. Antitrust Agencies Announce Expedited Procedures and Guidance for COVID-19 Public Health Efforts, Duane Morris Alert, March 25, 2020
•Co-author, FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act, Duane Morris Alert, January 29, 2020
•Co-author, Department of Justice and Federal Trade Commission Release Draft Vertical Merger Guidelines for Public Comment, Duane Morris Alert, January 14, 2020

•Co-author, FTC Announces Increased Reporting Thresholds and Increased Civil Penalties for the Hart-Scott-Rodino Antitrust Improvements Act, Duane Morris Alert, March 1, 2019

•Featured in Duane Morris Houston Lawyer Leads Quanta Services' Team on $1B Deal, Texas Lawyer, May 8, 2015
•Co-author, Antitrust Enforcement Agencies Propose Revised Horizontal Merger Guidelines, Duane Morris Alert, April 23, 2010
•Profiled by Law 360, June 30, 2009
•Co-author, More Aggressive Antitrust Enforcement Ahead, Duane Morris Alert, May 13, 2009
•Contributor, Intellectual Property and Antitrust Handbook (American Bar Association, Antitrust Section), 2007
•Contributor, Antitrust Law Developments (Sixth) (American Bar Association, Antitrust Section), 2007
•Contributing Author, Bank Mergers and Acquisitions Handbook (American Bar Association, Antitrust Section), 2006
•Co-author, Evaluating Antitrust Issues in the Settlement of Litigation, Antitrust and Intellectual Property, Vol. 6., No. 1 (Winter 2006)
• Ground Rules and Hot Topics in Antitrust and Intellectual Property, New Jersey Lawyer, June 2004
• An Overview of the IP-Antitrust Intersection: Reevaluating the 1995 Antitrust Guidelines for the Licensing of Intellectual Property, Antitrust, Magazine of the American Bar Association's Section of Antitrust Law, Summer 2002
• Finding Reason Through Extremes: From Nine No-No's to Patent 'Immunity', Antitrust and Intellectual Property, American Bar Association, Antitrust Law Section, Intellectual Property Committee Newsletter Vol. 3, No. 1 (Spring 2002)
• Agencies' Hearings Explore Antitrust and IP Interface, The Legal Intelligencer, May 2, 2002
• On Failing to Disclose Rights in Standard-Setting Activity: Fraud or Antitrust Claims Are Often Asserted, The Legal Intelligencer, November 1, 2001
• When Does Usefulness Trump Style: Supreme Court to Address Standard for Utility Patent Preclusion of Trade-Dress Protection, The Legal Intelligencer, July 6, 2000
•Co-author, Commerce Program Chapter, Philadelphia Court of Common Pleas, Civil Practice Manual, Tenth Edition, Pennsylvania Bar Institute, June 2000
• Antitrust Implications of Refusals to License Patents or Copyrights, The Legal Intelligencer, April 6, 2000.
•Co-author, Business and Legal Strategies for Successful Alliances (Presentation to Industrial Distribution Magazine for Inside Advice on Mergers and Acquisitions 2000), March 2000.
• Overview of Intellectual Property Antitrust, Antitrust and Intellectual Property Newsletter, American Bar Association, Antitrust Law Section, Intellectual Property Committee Newsletter, Vol. 1, No. 1, March 2000.
•Co-author, Selected Termination and Other Distribution and Antitrust Issues, presentation to BBSI, Inc., August 6, 1999.
• The FTC and Enforcement Relating to The Internet and Online Privacy, The Legal Intelligencer, August 5, 1999.
•Co-author, Personal Jurisdiction Based on Internet Contacts, VIBE Telecommunication and Information Technologies News, Summer 1999.
•Co-author, IP Claims Based on Internet Contacts: Redefining Personal Jurisdiction in Age of Cyberspace, The Legal Intelligencer, June 3, 1999.
• DOJ Approves Pooling of Patents Essential for Setting DVD Standards, The Legal Intelligencer, February 4, 1999.
• Pair of Federal Circuit Decisions Allow Patent-Based Antitrust Claims, The Legal Intelligencer, December 3, 1998.
• Intersection of IP and Antitrust--What Lessons Result From Appeals Court in Microsoft Case?, The Legal Intelligencer, July 2, 1998.

Speaking Engagements

Selected Speaking Engagements

•Panelist, Antitrust and Hart-Scott-Rodino Points in Mergers and Acquisitions, Philadelphia Bar Association's Antitrust Law & Mergers and Acquisitions Committee CLE, July 8, 2014
•Panelist, Merger Update, Pennsylvania Bar Institute Program on Antitrust Law: Beyond the Basics, March 12, 2013
•Panelist, How to Prepare and Try a Significant Case in the Commerce Case Management Program, Pennsylvania Bar Institute program, April 11, 2011
•Panelist, Commerce Judges Pro Tempore, Philadelphia Bar Association, Pennsylvania Bar Institute program, June 17, 2008
•Panelist, Handling Business Litigation in the Philadelphia Commerce Case Management Program, Pennsylvania Bar Institute program, December 6, 2007
•Panelist, Philadelphia Bar Association Bench-Bar Conference, Atlantic City, New Jersey, September 30, 2006
•Course planner, annual Federal Bench-Barconference, June 16, 2006
•Chair, Navigating the IP/Antitrust Intersection, Panelist, Antitrust Issues in Patent Settlements, American Bar Association, Antitrust Section, Annual Spring Meeting, Washington, D.C., March 30, 2006
•Panelist, Update on the Commerce Program, Philadelphia Bar Association's Bench-Bar Conference, November 2004
• Handling the Emergency Business Case, seminar and panel discussion sponsored by the Philadelphia Bar Association and the Pennsylvania Bar Institute, March 11, 2004
•Panelist, Commerce Program Update, Philadelphia Bar Association, Bench-Bar Conference, Atlantic City, New Jersey, Nov. 5, 2004
•Panelist, Overview of the Philadelphia Commerce Court, Philadelphia Bar Association State Bench-Bar Conference, Philadelphia, Pennsylvania, October 23, 2003
•Antitrust and IP Interface, Ins. Soc. of Phila CLE, June 12, 2002
•Faculty Member, Commerce Case Management Program of Philadelphia County, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, May 17, 2000.
•Faculty Member, The Nuts & Bolts of the New Commerce Case Management Program in Philadelphia County, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 13, 1999.
•Speaker, Litigation of Intellectual Property Claims and Legal Issues Involving the Internet, Fundamentals of Pennsylvania Intellectual Property Law and Practice, National Business Institute, Philadelphia, Pennsylvania, June 29, 1999.