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 30 years’ experience, represents companies from a broad range of industries including automotive, healthcare, food, 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.
Some of the largest manufacturing, automotive, health care, financial services, food and franchising companies in the world depend on Mr. Iwrey’s assistance in antitrust litigation, securities arbitration, and franchising advice and litigation. He provides critical guidance to businesses as they navigate complex challenges ranging from risk mitigation compliance to litigation.
Mr. Iwrey has litigated 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, and represents producers in multiple antitrust class and direct action cases involving alleged anticompetitive practices in the food industry.
In the health care industry, Mr. Iwrey represents systems in antitrust litigation, investigations, mergers and structuring innovative network and joint venture arrangements. In one 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 an 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 also successfully negotiated the settlement of a U.S. Department of Justice challenge to a merger of two major Montana health insurance companies.
Mr. Iwrey has represented a number of major Wall Street firms in arbitration before the Financial Industry Regulatory Authority (FINRA, formerly known as NASD). These matters involved complex securities, tort and antitrust issues. Mr. Iwrey 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, and employed sophisticated forensics analysis to trace and recover allegedly destroyed files to help secure the victory at the final proceeding.
Through his experience with the largest types of cases and governmental investigations, Mr. Iwrey has developed particular skills in discovery management. Mr. Iwrey has saved clients millions of dollars in discovery by aggressive negotiations and motion practice and implementation of electronic data filtration and prioritization techniques, efficient review protocols, detailed training of reviewer teams and sophisticated monitoring analytics.
Mr. Iwrey provides live and web-based antitrust compliance training to clients in a wide range of industries. In addition, Mr. Iwrey has authored a number of articles on regulatory matters and legal decisions and presented at trade associations and educational and legal forums. Mr. Iwrey is also a former Chairperson of the State Bar of Michigan Antitrust, Franchising and Trade Regulation Section.
Significant Decisions
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Thomas Danielkiewicz, et al., v. Whirlpool Corporation (E.D. Mich. No. 18-cv-13599, Nov. 22, 2019).
- Specialty Auto Parts USA, Inc. v. Holley Performance Products, Inc. (Case No. 18-5524, 6th Cir. Apr. 29, 2019)
- In re: Automotive Parts Antitrust Litigation, E.D. Mich. No. 12-md-02311 (Jan. 7, 2019)
- GEICO Corp. v. Autoliv, Inc., 345 F. Supp. 3d 799 (ED Mich. 2018)
- InfoStream Group, Inc. v. PayPal, Inc., 2012-2 Trade Cas. (CCH)
¶78,030 (N.D. Cal. No. C-12-748-SI, Aug. 28, 2012)
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GMA Cover Corp v. Saab Barracuda LLC, 2012 Trade Cas. (CCH)
¶77,813 (E.D. Mich. No. 10-12060, Feb. 8 and 28, 2012) - General Retirement System of the City of Detroit, et al. v. UBS, AG, et al., 799 F. Supp. 2d 749 (E.D. Mich. 2011)
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Advocacy Organization for Patients and Providers v. Mercy Health Services, 987 F.Supp. 967 (E.D. Mich. 1997)
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Aurora Gas Co. v. Presque Isle Gas & Elec. Co-Op, 1996 WL 627399, Util. L. Rep. ¶14,119 (CCH) (E.D. Mich. 1996)
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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)
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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)
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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)
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General Retirement System of the City of Detroit v. UBS, AG, 799 F. Supp.2d 749 (E.D. Mich. 2011)
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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)
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In re Baseball Bat Antitrust Litigation, 75 F.Supp.2d 1189 (D.Kan. 1999)
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In re GMO Capital Markets GKST v. Morgan Stanley & Company Incorporated, FINRA Case No. 07-00366 (Feb. 11, 2009)
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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)
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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)
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In re Polyurethane Foam Antitrust Litigation, N.D. Oh. No. 10-md-02196 (Oct. 13, 2011)
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In re Refrigerant Compressors Antitrust Litigation, 795 F.Supp.2d 647, and 2011 WL 3321293 (E.D. Mich. 2011)
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In re Sulfuric Acid Antitrust Litigation, N.D. Ill. Nos. 03-md-1536, 03-cv-4576 (Dec. 22, 2011)
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Khamis v. Atlas Oil Co., E.D. Mich.No. 04-73750, 2005 WL 2319001 (Sept. 21, 2005)
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Lighthouse Galleries, LLC v. Thomas Kinkade Co., E.D. Mich. No. 08-13466, 2008 WL 5102245 (Dec. 1, 2008)
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McNulty v. Reddy Ice Holdings, Inc., 2009-1 Trade Cas. (CCH) 1176,670 (E.D. Mich. May 29, 2009)
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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)
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Moses v. Business Card Express, Inc., 929 F.2d 1131 (6th Cir. 1991), cert. denied, 502 U.S. 821 (1991)
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Neshewat, et al. v. Oakwood Healthcare, Inc. E.D. Mich. No. 05-74537 (May 15, 2006)
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Planco Financial Services, LLC v. Habitz, et al., FINRA Case No. 06-03243 (Aug. 2006)
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Ruffin v. DePasse, 17 F.Supp.2d 699 (E.D. Mich. 1998)
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Smith v. eBay Corp., E.D. Mich. No. 10-11437, 2010 WL 2991687 (Jul. 28, 2010)
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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)
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United States v. Mercy Health Services, 902 F.Supp. 968 (N.D. Iowa 1995)
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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)
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Virtual Maintenance, Inc. v. Prime Computer, Inc., 995 F.2d 1324 (6th Cir. 1993) and 11 F.3d 660 (6th Cir. 1993)
Seminars & Speeches
- July 21, 2020
- January 24, 2018
- October 31, 2017
- September 19, 2017
- White Collar Crime: The Largest Department of Justice Criminal Antitrust Probe in History - and what we can learn from itNew York Chapter of the Financial Executive Institute, New York, New YorkFebruary 24, 2016
- Recent Investigations in the Automotive Industry, Ernst & YoungJanuary and February 2012
- Antitrust Issues Impacting Accountable Care Organizations, Healthcare Financial Management AssociationJanuary 2011
- Using Discovery Management to Control Your Litigation Budget, Dykema-Lumen Discovery Management Solutions WebinarSeptember 2010
- Current Federal Antitrust Enforcement Trends and the Implications of the Proposed Revisions to the Horizontal Mergers Guidelines, OESA Legal Issues Council Spring MeetingJune 2010
- How Much is Too Much? -- "Raiding" Cases Against Member Firms, World Services Group Securities Law SeminarAugust 2004
- Nuts and Bolts of Government Investigations: A View From the Respondents' Side, American Bar Association, Health Law Section and the Section of Antitrust LawOctober 1996
- United States v. Mercy Health Services: A Case Study in Regional Competition, Second Annual Health Care Antitrust ForumMay 1996
- Practice Under the Antitrust Improvements Act of 1976, as Amended, State Bar of Michigan, Antitrust, Franchising, and Trade Regulation SectionSeptember 1995
- Trade Marks, Trade Secrets and Covenants Not to Compete, State Bar of Michigan, Antitrust, Franchising and Trade Regulation Section, and The Institute of Continuing Legal Education1993
- Representing Physicians and Their Practices: Joint Negotiations with Payors and Termination of Medical Staff Privileges, Institute of Continuing Legal EducationDecember 1992
- Antitrust and Hospitals: The New Rules, Michigan Health Care InstituteOctober 1991
- Critical Issues in Healthcare Law, Impact of Antitrust Laws, Michigan Health Care InstituteMarch 1991
Publications
- March–April 2019The Journal of Robotics, Artificial Intelligence & Law, Vol. 2, No. 2, Full Court Press
- May 2017Michigan Bar Journal Antitrust and Franchising Law
- January 27, 2017Law360
- "A Multidimensional Solution to the Problems of Runaway Discovery"June 2009Of Counsel Magazine
- Premerger Notification Practice Manual 3d. Ed.2004Section of Antitrust Law, American Bar Association
- "Hart-Scott-Rodino Reform Legislation Raises Reporting Threshold - and Filing Fees"Fall 2001Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section
- "Federal Court Invalidates Provision of Michigan Franchise Investment Law"Fall 2000Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section
- "Congress Considers Substantial Amendments to the Hart-Scott-Rodino Act"May 2000Michigan Trade Regulation, State Bar of Michigan, Antitrust, Franchising, and Trade Regulation Section
- "Two Recent Michigan Decisions Define The Scope of MARA Immunity"May 2000Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section
- "Franchisor Not Liable for Alleged Discriminatory Acts of Franchisee's Employee"August 1999Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section
- "Physician Termination Case Dismissed for Failure to Alleged Properly Defined Relevant Market"August 1999Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section
- "Michigan Adopts Uniform Trade Secrets Act"August 1999Michigan Trade Regulation, State Bar of Michigan Antitrust, Franchising, and Trade Regulation Section
- "Pushing Out the Relevant Geographic Market Envelope"Fall 1996Health Care Notes, American Bar Association, Section of Antitrust Law
- "Concern Over Kodak Decision May Be Overstated"Summer 1993Franchise Law Journal, American Bar Association
News
- June 21, 2016
- February 16, 2016
- August 20, 2015
- November 20, 2013
- Only One Lawyer in Practice Area, Designated Metropolitan Area Earns HonorSeptember 12, 2013
- Twenty-Three Other Dykema Lawyers Identified as Rising StarsSeptember 5, 2013
- February 20, 2013
- November 7, 2012
- Special Honor Limited to Single Attorney in Each Practice, Metropolitan AreaSeptember 12, 2012
- February 29, 2012
Alerts
- January 5, 2021
- April 16, 2020
- April 8, 2020
- April 6, 2020
- March 16, 2020
- March 12, 2020
- December 4, 2019
- September 6, 2017
- October 28, 2016
- July 19, 2016
- April 2, 2015
- March 19, 2015
- Court clarifies proofs under CFAA and twice constrains E-Discovery sanctionsFebruary 26, 2015
- Court Rejects Argument the Transaction Was Necessary to Improve Efficiencies and Meet ACA GoalsFebruary 19, 2015
- October 6, 2014
- June 30, 2014
Press Releases
- September 18, 2020
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 20, 2020
- August 22, 2019
- 18 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2019
- May 2, 2019
- April 15, 2019
- September 7, 2018
- 13 Attorneys Earn “Lawyer of the Year” HonorsAugust 15, 2018
- September 5, 2017
- 10 Attorneys Receive “Lawyer of the Year” HonorsAugust 15, 2017
- November 14, 2016
- September 1, 2016
- 14 Attorneys Receive “Lawyer of the Year” HonorsAugust 15, 2016
- November 16, 2015
- September 8, 2015
- 12 Attorneys Receive “Lawyer of the Year” HonorsAugust 18, 2015
- Secures a $2.13 million attorneys’ fee award for client Alarm Detection Systems, Inc.February 19, 2015
- November 20, 2014
- September 2, 2014
- Firm Receives 10 “Lawyer of the Year” HonorsAugust 18, 2014
Blog Posts
Memberships & Involvement
- State Bar of Michigan, Antitrust, Trade Regulation and Franchising Section, Chairperson, 1999-2000
- American Bar Association, Section of Antitrust Law
Awards & Recognition
Recognized in Michigan Super Lawyers® for Antitrust Litigation and Franchise/Dealership, 2006-Present
Named Detroit “Lawyer of the Year” for Antitrust Law by Best Lawyers® 2014, 2018 and 2020.
Named as "Lawyer of the Year" for Antitrust Litigation by The Best Lawyers in America® in 2020
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-present
Global Competition Review Litigation of the Year – Cartel Defense Team Award, 2019