Charles E. Tompkins

Education

  • Colgate University, BA, 1992 - magna cum laude
  • University of Virginia Law School, JD, 1997
        

Partner
ctompkins@shulaw.com
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Mr. Tompkins leads the firm's antitrust and unfair competition practice, representing individuals and businesses injured by unfair business practices or violations of the antitrust laws.  Mr. Tompkins has been involved in the successful settlement or trial of several of the largest antitrust actions in recent history.  He has served as Court-appointed lead counsel in national class action lawsuits; represented large national corporations in individual lawsuits alleging violations of the antitrust laws; and represented foreign business entities in unfair competition litigation abroad.  Sample representations include:

  • Mr. Tompkins currently is serving as one of two Court-appointed co-lead counsel in the action In Re Plasma-Derivative Protein Therapies Antitrust Litigation (N.D. Ill.), in which a putative class of hospitals and other health care suppliers allege that certain pharmaceutical companies agreed to restrict the supply of plasma therapies in order to drive up the price of these treatments.  
  • Mr. Tompkins currently represents one of the largest mattress-supply companies in the United States in the action In re Polyurethane Foam Antitrust Litigation (N.D. Ohio), in which purchasers of polyurethane foam seek the damages arising from an alleged decades-long conspiracy to inflate the price of polyurethane foam.
  • Mr. Tompkins currently is serving as Vice Chair of the Plaintiffs' Executive Committee in the action In Re Marine Products Antitrust Litigation (C.D. Cal.), in which a putative class of purchasers of industrial marine products allege that certain manufacturers of those products engaged in a bid-rigging conspiracy that increased the prices paid for various marine construction products.  This action has been successfully settled against most Defendants for approximately $5 million, with Court approval pending.
  • Mr. Tompkins is a key member of the team litigating Allen, et al. v. Dairy Farmers of America, et al. (D. Vt.), in which a class of dairy farmers in the Northeast allege that certain milk processors and cooperatives conspired to artificially reduce the amount dairy farmers were paid for their milk.  This action was successfully settled against one Defendant for $30 million.  Litigation against the remaining defendants is ongoing.
  • Mr. Tompkins played a leading role in one of the relatively rare jury trials of an antitrust case, obtaining a $56 million judgment on behalf of a class of approximately 500 Maine blueberry farmers who alleged that blueberry processors in Maine fixed the prices they paid Maine blueberry growers.
  • Mr. Tompkins was a member of the leadership team in the action In re International Air Transportation Surcharge Litigation (N.D. Cal.), in which a groundbreaking international settlement valued at nearly $200 million resolved the antitrust claims of airline ticket purchasers under both U.S. and U.K. law simultaneously.

Mr. Tompkins also litigates actions seeking unpaid wages on behalf of workers unfairly denied overtime pay.  He currently is serving as co-lead counsel in the action McLaughlin, et al. v. Harbor Cruises LLC, et al. (D. Mass.), in which employees working aboard Boston commuter boats seek allegedly unpaid overtime wages, and he was a member of the legal team that litigated Trotter, et al. v Perdue Farms (D. Del.), in which chicken-processing employees sought payment for time spent putting on and taking off their protective equipment.  This action settled for $20 million and led to permanent changes in Perdue's policies regarding the compensation of employees for time spent on these tasks.

Mr. Tompkins is a frequent speaker and author on antitrust and employment matters.  He has been invited to speak at the ABA Section of Antitrust Law Spring Meeting in Washington, D.C.; the Federal Bar Association St. Patrick’s Antitrust Seminar in Cleveland, Ohio; the National Employment Lawyers Association Annual Meeting in San Diego, CA; and Boston Bar Association Continuing Legal Education Seminars, among others.   Mr. Tompkins is the author of "Innovation Economics and the Law: The Health Care Industry's Exposure to Antitrust Liability," published as a Program Paper for the American Bar Association Section of Antitrust Law, and "Damage Issues in Fair Labor Standards Act Collective Action Litigation," published in the Employee Rights and Employment Policy Journal.

Mr. Tompkins is admitted to practice in the Commonwealth of Massachusetts; the State of New York; the District of Columbia; the Courts of Appeals for the First, District of Columbia, and Eleventh Circuits; and the United States Supreme Court.