Daniel Kotchen is a partner with Kotchen & Low LLP. His main practice areas include
complex commercial litigation, counseling, and representing
clients before government agencies. Mr. Kotchen
previously served as a federal antitrust prosecutor,
has substantial experience in private practice,
and has cross-functional legal and business experience
with a leading consumer goods corporation.
As a trial lawyer with the Federal
Trade Commission, Mr. Kotchen litigated merger and
non-merger cases in both federal court and administratively
within the FTC; led or took leadership roles in
non-merger investigations of pharmaceutical companies,
hospitals, and physician independent practice associations;
and served as the FTC’s liaison to the Food
and Drug Administration.
In private practice, Mr. Kotchen
has taken leadership roles in a number of complex
commercial litigation matters (involving both class
and individual claims) in a wide variety of substantive
areas, including antitrust, fraud, consumer protection,
and contract-related claims. Mr. Kotchen has successfully
represented defendants against claims of up to $1
billion and plaintiffs in cases resulting in settlements
of up to $220 million. Mr. Kotchen developed a particular
expertise in antitrust while litigating matters
involving a broad spectrum of antitrust theories,
such as price fixing, market allocation, refusals
to deal, monopolization, attempted monopolization,
conspiracies to monopolize, monopsony, tying, alleged
unlawful mergers and acquisitions, intellectual
property licensing, and patent misuse. Mr. Kotchen
has also developed an expertise in class action
litigation, in both defending organizations against
class claims and representing plaintiffs in class
cases.
Mr. Kotchen has counseled clients
in a broad array of industries, including consumer
goods and retail, health care, manufacturing and
distribution, airline and other forms of transportation,
telecommunications, and energy. He has represented
clients in competition-related matters before the
FTC, Department of Justice, Department of Transportation,
Federal Energy Regulatory Commission, and state
attorneys general.
Finally, Mr. Kotchen has made significant
contributions to both the legal and business operations
of Kimberly-Clark Global Sales, Inc. As an in-house
counsel with Kimberly-Clark, Mr. Kotchen counseled
the corporation on antitrust, consumer protection,
advertising, and regulatory issues, and represented
the corporation before several regulatory agencies.
Mr. Kotchen also led the development and implementation
of a core business strategy applicable to Kimberly-Clark’s
sales, marketing, and logistics functions.
Mr. Kotchen grew up in Lexington,
Kentucky and Morgantown, West Virginia, enjoys politics and sports,
and is married with three children.
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