Photo of Howard B. Iwrey

Howard B. Iwrey Member

Areas of Practice

Industries

Bar Admissions

  • Michigan, 1986

Court Admissions

  • U.S. Court of Appeals, 6th Circuit
  • U.S. Court of Appeals, 8th Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Western District of Kentucky
  • U.S. District Court, District of Maryland
  • U.S. District Court, District of Nevada
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Northern District of Iowa
  • U.S. District Court, Eastern District of Wisconsin

Education

University of Michigan, J.D., cum laude

University of Michigan, A.B.

  • with high distinction and high honors

Howard B. Iwrey, a Dykema antitrust and trade regulation attorney with more than 25 years experience, represents companies from a broad range of industries including automotive, health care, technology, defense, commercial finance, sports, art publishing, utilities, retail, consumer appliances, electronics and investment services. Mr. Iwrey is the leader of the Firm's Antitrust and Trade Regulation and Securities Litigation practices as well as a member of the Firm's E-Discovery Group.

Clients such as Morgan Stanley Smith Barney, LLC, UBS, AG, Bank of America Corporation, Arctic Glacier Inc., Whirlpool Corporation, Toyota Financial Services, Freudenberg-NOK General Partnership, Inoac Corp., Lear Corp., Crest Foam Industries, Inc., Arctic Glacier, Real Estate One, Inc., BP Solar International, Inc., Oakwood Healthcare System and Thomas Kinkade Company depend on Mr. Iwrey's assistance in antitrust litigation, securities arbitration, and franchising advice and litigation.

Mr. Iwrey has been involved in a number of significant law suits and grand jury investigations, involving all aspects of antitrust law, including tying, price discrimination, monopolization, price fixing, bid rigging, market allocation, vertical restraints and mergers. Mr. Iwrey represents a number of companies in connection with the United States Department of Justice investigation into potential anticompetitive practices in the automotive industry, and related class actions.

Mr. Iwrey also represents many health care systems in connection with recent cases filed by the U.S. Department of Justice and other private plaintiffs challenging a health insurer's provider contract provisions. In another recent major case, he successfully obtained a dismissal of a suit against a hospital brought by physicians who alleged that termination of their medical privileges violated federal antitrust laws. The case set important precedent because it furthered the ability of the hospital to monitor the quality of its medical staff. The case was dismissed at a very early stage, thus avoiding costly discovery.

Mr. Iwrey has also helped health care clients structure innovative arrangements, including pioneer accountable care organizations, on the leading edge of health care reform efforts mandated by the Patient Protection and Affordable Care Act.

Mr. Iwrey represents a number of major Wall Street firms in arbitration before the Financial Industry Regulatory Authority (FINRA, formerly known as NASD). These matters involve complex securities, tort and antitrust issues. Mr. Iwrey's success in achieving favorable conclusions to these disputes has strengthened the Firm's ability to recruit quality registered representatives. Mr. Iwrey is nationally recognized in handling disputes known as "raiding" cases.

Mr. Iwrey recently successfully defended a major Wall Street firm in a case alleging that it "raided" a competitor's top brokers and "spoliated" critical evidence. In this case, Mr. Iwrey won a rare motion to dismiss the "raiding" claim prior to the merits hearing, employing sophisticated forensics analysis to trace and recover the allegedly destroyed files.

Through his experience with the largest types of cases and governmental investigations, Mr. Iwrey has developed particular skills in discovery management. Through the implementation of aggressive negotiations, motions, electronic data filtration and prioritization techniques, review protocols, detailed training of reviewer teams and sophisticated monitoring analytics, Mr. Iwrey has saved clients millions of dollars in discovery management costs.

Mr. Iwrey authors a number of articles on regulatory matters and legal decisions. Mr. Iwrey also addresses audiences at trade associations and educational and legal forums, and has provided antitrust compliance training to clients in a wide range of industries. Mr. Iwrey is also a former Chairperson of the State Bar of Michigan Antitrust, Franchising and Trade Regulation Section.

  • InfoStream Group, Inc. v. PayPal, Inc., 2012-2 Trade Cas. (CCH)
    ¶78,030, N.D. Cal. No. C-12-748-SI (Aug. 28, 2012)
  • GMA Cover Corp v. Saab Barracuda LLC,2012 Trade Cas. (CCH)
    ¶77,813 (E.D. Mich. No. 10-12060, Feb. 8 and 28, 2012
  • Advocacy Organization for Patients and Providers v. Mercy Health Services, 987 F.Supp. 967 (E.D. Mich. 1997)
  • Aurora Gas Co. v. Presque Isle Gas & Elec. Co-Op, 1996 WL 627399, Util. L. Rep. ¶14,119 (CCH) (E.D. Mich. 1996)
  • Baum Research and Development Co., Inc. v. Hillerich & Bradsby Co., Inc., 31 F.Supp.2d 1016, 1999-1 Trade Cas. (CCH) 72,468 (E.D. Mich., Nov. 19, 1998)
  • Beyer v. LakeView Community Hospital, 75 Antitrust and Trade Reg. Reptr. 11 (W.D. Mich. 1998), aff'd, No. 98-1813, slip op., (6th Cir. Jul. 26, 1999)
  • Dry Cleaning & Laundry Inst. of Detroit, Inc. v. Flom's Corp., 841 F.Supp. 212 (E.D. Mich. 1993) and 841 F.Supp. 212 (E.D. Mich. 1993)
  • General Retirement System of the City of Detroit v. UBS, AG, 799 F. Supp.2d 749 (E.D. Mich. 2011)
  • Helmac Products Corp. v. Roth (Plastics) Corp., 150 F.R.D. 563 (E.D. Mich. 1993) and 814 F.Supp. 560 (E.D. Mich. 1992)
  • In re Baseball Bat Antitrust Litigation, 75 F.Supp.2d 1189 (D.Kan. 1999)
  • In re GMO Capital Markets GKST v. Morgan Stanley & Company Incorporated, FINRA Case No. 07-00366 (Feb. 11, 2009)
  • In re Motorsports Merchandise Antitrust Litigation, 112 F.Supp.2d 1329 (N.D.Ga. 2000) and Trade Cas. (CCH) ¶72,524 (N.D.Ga. 1998)
  • In re Packaged Ice Antitrust Litigation, E.D. Mich. No. 08-md-01952, 2011 WL 6178891 (Dec. 12, 2012), and 2012 WL10684 (Jan. 3, 2012)
  • In re Polyurethane Foam Antitrust Litigation, N.D. Oh. No. 10-md-02196 (Oct. 13, 2011)
  • In re Refrigerant Compressors Antitrust Litigation, 795 F.Supp.2d 647, and 2011 WL 3321293 (E.D. Mich. 2011)
  • In re Sulfuric Acid Antitrust Litigation, N.D. Ill. Nos. 03-md-1536, 03-cv-4576 (Dec. 22, 2011)
  • Khamis v. Atlas Oil Co., E.D. Mich.No. 04-73750, 2005 WL 2319001 (Sept. 21, 2005)
  • Lighthouse Galleries, LLC v. Thomas Kinkade Co., E.D. Mich. No. 08-13466, 2008 WL 5102245 (Dec. 1, 2008)
  • McNulty v. Reddy Ice Holdings, Inc., 2009-1 Trade Cas. (CCH) 1176,670 (E.D. Mich. May 29, 2009)
  • Michigan Div. - Monument Builders of N. Am. v. Michigan Cemetery Assoc., 458 F. Supp. 2d 474 (E.D. Mich. 2006), aff'd, 524 F.3d 726 (6th Cir. 2008)
  • Moses v. Business Card Express, Inc., 929 F.2d 1131 (6th Cir. 1991), cert. denied, 502 U.S. 821 (1991)
  • Neshewat, et al. v. Oakwood Healthcare, Inc. E.D. Mich. No. 05-74537 (May 15, 2006)
  • Planco Financial Services, LLC v. Habitz, et al., FINRA Case No. 06-03243 (Aug. 2006)
  • Ruffin v. DePasse, 17 F.Supp.2d 699 (E.D. Mich. 1998)
  • Smith v. eBay Corp., E.D. Mich. No. 10-11437, 2010 WL 2991687 (Jul. 28, 2010)
  • Thomas Kinkade Co. v. Lighthouse Galleries, LLC, E.D. Mich. Case No. 04-10757, 2010 WL 1626697 (Apr. 21, 2010), and 2010 WL 436609 (Jan. 27, 2010)
  • United States v. Mercy Health Services, 902 F.Supp. 968 (N.D. Iowa 1995)
  • Vehimax International, LLC, et al. v. Jui Li Enterprise Company, Ltd., et al., 2010-1 Trade Cas. (CCH) 1176,965, C.D. Cal. No. CV 09-6437 SVW (Mar. 10, 2010)
  • Virtual Maintenance, Inc. v. Prime Computer, Inc., 995 F.2d 1324 (6th Cir. 1993) and 11 F.3d 660 (6th Cir. 1993)

Memberships & Involvement

  • State Bar of Michigan, Antitrust, Trade Regulation and Franchising Section, Chairperson, 1999-2000
  • American Bar Association, Section of Antitrust Law

Recognized in Michigan Super Lawyers® for Antitrust Litigation, Securities Litigation, Franchise/Dealership, 2006-Present

Named Detroit "Lawyer of the Year" for Antitrust Law by Best Lawyers® 2014 and 2018

Recognized in The Best Lawyers in America® for Antitrust Law and Antitrust Litigation, 2008-Present. Copyright 2015 by Woodward/White, Inc., Aiken, SC

Named a Michigan Leading Lawyer in the area of Antitrust Law by the Leading Lawyers Network, 2014-2017. Law Bulletin Publishing Company

Named Detroit "Lawyer of the Year" for Litigation -Antitrust by Best Lawyers® 2013

AV® Preeminent Rated by Martindale-Hubbell, 2008-2012

Named a 2012 Top Rated Lawyer® in the area of Alternative Dispute Resolution by The American Lawyer and Corporate Counsel.

Named a Top Lawyer by dbusiness Magazine for Antitrust and Antitrust Litigation, 2010-2017