Wendelynne J. Newton

Wendelynne J. Newton

Shareholder

Wendelynne J. Newton's practice focuses on antitrust and trade regulation issues, in the litigation, transactional and counseling contexts, as well as on life insurance litigation. She has handled hundreds of litigation and antitrust matters. In recent years, Wendy also has served as lead counsel in defending a number of retail store and restaurant clients against class action suits alleging violations of the federal Fair and Accurate Credit Transaction Act, also known as FACTA.

Education

  • J.D., cum laude, 1981
    University of Pittsburgh School of Law
  • B.A., with honors, 1977
    The College of Wooster

Services/Industries

Admissions

  • Pennsylvania
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Eighth Circuit

Wendy serves as chair of Buchanan's Pittsburgh Litigation Group, and chair of the firm's Antitrust and Trade Regulation Practice Group, which serves as legal counsel to hundreds of companies in the Mid-Atlantic region and throughout the United States.

She has handled hundreds of litigation and antitrust matters, and has been successful in persuading the government (DOJ, FTC and state attorneys general) not to challenge the majority of the transactions in which she was involved. In the last five years, she has handled the antitrust aspects of more than 55 mergers and acquisitions, representing an aggregated value of more than $10 billion in the retail, health care, chemicals, industrial pipe, military equipage, engineering, tooling, insurance and mining and construction industries.

Wendy has also represented clients being investigated by the federal antitrust agencies and state attorneys general, as well as represents clients in connection with government investigations of others. She also provides ongoing antitrust and compliance counseling and litigates antitrust issues.

Representative work includes:

  • Final Judgment (consent order) with the Department of Justice Antitrust Division ("DOJ") to permit Sapa's acquisition of U.S. aluminum extrusion company, Indalex.  United States of America v. Sapa Holding AB and Indalex Holdings Finance, Inc., Civil Action No. 09-1424 (D.D.C.).
  • Navigated state and federal antitrust investigations, including an FTC Second Request, to permit close of UPMC's acquisition of The Mercy Hospital of Pittsburgh in January 2008.
  • Ivoclar Vivadent, Inc. v. Dentsply Int'l, Inc., C.A. No. CV-07-0045 (M.D. Pa.) (Notice of Voluntary Dismissal filed 6/14/07 based on settlement).
  • Obtained FTC antitrust clearance on an expedited basis for Dick's Sporting Goods' acquisition of Galyan's Trading Company.
  • Negotiated the consent decree with the Pennsylvania Attorney General for UPMC Health System's acquisition of Children's Hospital. Two private antitrust lawsuits challenging the merger settled immediately thereafter. Highmark, Inc. v. UPMC Health System and West Penn Allegheny Health System, Inc. v. UPMC Health System, C.A. Nos. 01-1114, 01-1381 (W.D. Pa.).
  • Successfully moved to dismiss a surgi-center's antitrust complaint on Noerr-Pennington immunity on behalf of 19 physicians. That dismissal was upheld on appeal, including ultimately by the United States Supreme Court. Armstrong Surgical Center, Inc. v. Armstrong County Memorial Hospital, 185 F.3d 154 (3d Cir. 1999), cert denied, 530 U.S. 1261 (2000).
  • Brought and settled Robinson-Patman and other claims for an industrial refrigeration company. FES Systems, Inc. v. Mycom North America, Inc., C.A. No. 1:03-CV-1102 (M.D. Pa.).

Wendy was elected to the firm's five-person management committee in 1992 and became a member of the firm's Board of Directors in 1995. She is the first woman at the firm to serve in these roles and, in April 2005, she was elected to the firm's compensation committee. She also coordinated the firm's pro bono program, which was recognized in 2007 by The American Lawyer as No. 1 in Pennsylvania.

Nationally recognized in the legal industry, Wendy was named in the 2005-2009 editions of The Best Lawyers in America in the Antitrust Category. She has also been numerously listed in the Chambers Guide to America's Leading Business Lawyers in the field of antitrust law. She was selected to the Corporate Counsel Super Lawyers® list in 2009 and 2010, a distinction given to only the top 5 percent of lawyers nationwide.

Wendy was selected by her peers for the Pennsylvania's Super Lawyers® list each year from 2004 to 2009, among the top 5 percent of attorneys practicing in Pennsylvania. She was selected by The Legal Intelligencer and Pennsylvania Law Weekly for the "Women Leaders in the Law" distinction, one of only 56 Pennsylvania lawyers chosen. She was recognized as the Girl Scouts of Southwestern Pennsylvania's Woman of Distinction in the Professional category; as a member of the Pennsylvania Honor Roll of Women by the Governor's Pennsylvania Commission for Women; and honored by the YWCA with a Tribute To Women Leadership Award. In 2006, Wendy was profiled in the Pittsburgh Post-Gazette as one of the city's Women at the Helm.

Wendy is also committed to giving back to the community. She currently serves on the board of the North Hills Community Outreach and the Grants Committee of the United Methodist Foundation of Western Pennsylvania. She is also a past president of the board of KidsVoice and has concluded her longtime service on the United Way of Allegheny County board. Her community work was the subject of a cover story in the March 2006 issue of Greater Pittsburgh Community Threads, a publication of The Forbes Funds and The Pittsburgh Foundation. She was awarded the prestigious Senator John Heinz Award, presented by the United Way, celebrating her volunteer service. She also was a recent finalist for the 2007 Athena Award, sponsored by the Allegheny Conference on Community Development, which recognizes a woman in the community who exhibits leadership, community service and mentorship. In 2005, Wendy was named "Woman of the Year" by the University of Pittsburgh Women's Law Association and the Allegheny County Bar Association.

Wendy is a cum laude graduate of the University of Pittsburgh School of Law, a member of the Order of Coif and a note editor of the Law Review. She is an author and speaker on antitrust topics as well as the attorney-client privilege, work product and related ethical issues. She is an adjunct professor at the University of Pittsburgh School of Law, teaching a high-level antitrust seminar course. Wendy joined the firm in 1981.

Admissions

  • Pennsylvania
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Eighth Circuit

Affiliations

  • Allegheny County Bar Association
  • American Bar Association Section of International Law
  • Pennsylvania Bar Association
  • Fellow, American Bar Foundation

Publications & Speeches