James McKeown

Adjunct Professor of Law
Areas of Law:

Areas of Law::

Biography

Jim McKeown is a partner with Foley & Lardner LLP, is a member of the Litigation Department, and is the former chair of the firm's national Antitrust Practice. He is also a member of the Sports Industry Team.

Mr. McKeown's litigation practice includes antitrust litigation (including class action defense), distribution disputes, and general litigation. An experienced trial lawyer, Mr. McKeown has represented clients in a number of high profile antitrust and sports cases, and he has defended several lawsuits in which the plaintiffs sought significantly in excess of $1 billion in damages. He also regularly represents clients in matters before the federal antitrust enforcement agencies, including representation on Hart-Scott-Rodino matters. Mr. McKeown was selected by his peers for inclusion in The Best Lawyers in America in the field of antitrust law (2005 - 2013) and in sports law (2008 - 2013) and was named "2013 Milwaukee Antitrust Lawyer of the Year" by Best Lawyers in America. He was also listed in the Legal 500 and selected for inclusion in the 2005 - 2011 lists of Wisconsin Super Lawyers.

An active member of the ABA Antitrust Section, he has served as the co-chair of the Section's Trial Practice Committee and previously as co-chair of the Private Antitrust Litigation Committee.  He also was chair of the Section's Antitrust Trial Skills Program and has been a moderator or speaker at a number of ABA programs. Mr. McKeown has taught antitrust law and sports law at Marquette University Law School and is a member of the National Sports Law Institute's Board of Advisors. He has spoken and served as a trial practice instructor for antitrust trial skills programs sponsored by the National Association of Attorneys General (NAAG). He is one of the principal authors of the Product Distribution Law Guide published by CCH. A frequent speaker, Mr. McKeown's presentations have covered a variety of antitrust issues, including those related to sports leagues, intellectual property and distribution.

Prior to joining Foley in 1985, Mr. McKeown served as a law clerk to the Hon. Harlington Wood, Jr., United States Court of Appeals for the Seventh Circuit. He graduated, magna cum laude, from the University of Minnesota Law School in 1984, where he was elected Order of the Coif and served as an article editor of the Minnesota Law Review. His undergraduate degree in economics was conferred, magna cum laude, by St. John's University and he has a master's degree from the Hubert H. Humphrey Institute at the University of Minnesota.

Mr. McKeown has published a number of articles, including:

"The Economics of Competitive Balance: Sports Antitrust Claims After American Needle," 21 Marq. Sports L. Rev. 517 (2011)

"2008 Antitrust Developments in Professional Sports: To the Single Entity and Beyond," 19 Marq. Sports L. Rev. 363 (2009)

"Antitrust Limits on Pre-Closing Conduct in Mergers and Acquisitions: Don't Jump the Gun," The Corporate Counselor (October 2008)

"Meeting the Antitrust Needs of Clients," Inside the Minds: Antitrust Settlements and Negotiations, 105 (Aspatore Books 2006)

 "Thirteen Rules for Dealing with Experts in Antitrust Litigation," ABA Antitrust Section Private Antitrust Litigation News (Spring 2004), reprinted in The Antitrust Litigator (2005)

"Ten Antitrust Rules for Dealing With Distributors," Wisconsin Law Journal (July 28, 2004)

"Avoiding Potential Antitrust Pitfalls in Patent Royalty Terms," 46 The Practical Lawyer 23 (March 2000) (with M. Halfenger), reprinted in ALI-ABA's Practice Checklist Manual on Advising Business Clients III (2003)

"Trying an Antitrust Case on Groundhog Day: Lessons from the 2001 PAL Committee Mock Trial Program," ABA Antitrust Section Private Antitrust Litigation News (Fall 2001)

"Statistics for Wage Discrimination Cases: Why the Statistical Models Used Cannot Prove or Disprove Sex Discrimination," 67 Ind. L.J. 633 (1992)

He also has contributed to ABA Antitrust Section Publications, including:

Predatory Pricing

Antitrust Law Developments (Fifth)

Nonprice Predation under Section 2 of the Sherman Act

Antitrust Health Care Handbook II

Wisconsin chapter of the 1990, 1999, 2004 and 2009 ABA Antitrust Section treatises on state antitrust law