Name:     Nick Koberstein Profession:     Attorney
Relationship: Country:     United States of America
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BIOGRAPHY

Nicholas R. Koberstein is a partner in the Antitrust Department, resident in McDermott, Will & Emery's Washington, D.C. office. He focuses his practice on antitrust implications of mergers, acquisitions and joint ventures.

Mr. Koberstein previously worked with the Federal Trade Commission (FTC) where he recently served as Assistant to the Director of the Bureau of Competition. In that position, Mr. Koberstein provided advice and analysis on a wide range of merger enforcement actions. Mr. Koberstein also served as lead attorney on nearly a dozen FTC merger investigations, including three matters that resulted in multi-million dollar asset divestitures pursuant to consent agreement. As lead attorney in these matters, Mr. Koberstein was responsible for all aspects of the investigation and trial preparation, including Second Requests, CIDs, subpoenas, depositions, preparing fact and expert witnesses, developing legal and economic theories, drafting recommendation memoranda to the Commission, and negotiating consent agreements.

While at the FTC, Mr. Koberstein reviewed hundreds of Hart-Scott-Rodino premerger notification filings, gaining significant experience in a variety of industries, including: defense; aerospace; pharmaceutical; medical devices; automotive; industrial equipment; building materials; supermarkets; food products; financial services; cable TV; natural gas; and computer software. Mr. Koberstein's experience also includes the review of numerous transactions involving companies in bankruptcy. In addition, Mr. Koberstein authored the Commission's Insilco Corp. order, which is the most recent official Commission pronouncement regarding the appropriate scope of premerger discussions.

Mr. Koberstein also has significant experience with FTC conduct investigations. As Assistant to the Director of the Bureau of Competition, he assisted in the evaluation of several physician network and Hatch-Waxman pharmaceutical enforcement actions. While a staff attorney at the FTC, Mr. Koberstein participated in a number of non-merger matters, including a market allocation investigation involving cable TV operators in suburban Atlanta.

From 1998 to 1999, Mr. Koberstein served as lead counsel in the FTC's administrative litigation in the Monier Lifetile LLC matter, in which the Commission successfully challenged a joint venture combining the U.S. roofing tile operations of two international concrete product manufactures. In 2000, Mr. Koberstein served as a Special Assistant U.S. Attorney with the U.S. Attorney's Office in Alexandria, Virginia. During his time with the U.S. Attorney's office, Mr. Koberstein handled a number of Defense Department related criminal matters, including the prosecution of the President of a Georgia-based government contractor for submitting fraudulent documents to the Defense Logistics Agency.

Mr. Koberstein earned his B.A. with honor, in international relations from Michigan State University. He received his J.D. cum laude, from the Georgetown University Law Center in 1994. Mr. Koberstein is a member of the Antitrust Law Section of the American Bar Association and served as Vice Chair of the Section's Defense and Aerospace Industry Committee from 2000 to 2001. He is admitted to practice in the District of Columbia.

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2D-4C80-98B2-A34B0175728D

12/13/2002

WASHINGTON, D.C. - McDermott, Will & Emery is pleased to announce that Nicholas R. Koberstein has joined the Firm's Washington, D.C. office as a partner and a member of the Firm's Antitrust Practice Group. Mr. Koberstein previously worked with the Federal Trade Commission (FTC) where he recently served as Assistant to the Director of the Bureau of Competition. In that position, he provided advice and analysis on a wide range of antitrust enforcement issues, including investigations of transactions involving companies in bankruptcy, and on a variety of antitrust enforcement actions, many involving the pharmaceutical industry.

During his eight year tenure with the Commission, Mr. Koberstein participated in numerous FTC investigations involving over 100 companies in a wide variety of industries, including defense, aerospace, pharmaceutical, medical devices, automotive, industrial equipment, building materials, supermarkets, food products, financial services, cable TV, natural gas and professional sports.

In 2000, Mr. Koberstein worked with the U. S. Attorney's Office, Eastern District of Virginia, where he served as a Special Assistant U.S. Attorney. During his time with the U.S. Attorney's office, he handled a number Defense Department related criminal matters, including the prosecution of the President of a Georgia-based defense contractor for submitting fraudulent documents as part of a proposal for the Defense Logistics Agency. Mr. Koberstein attended Georgetown University Law Center receiving his J.D. cum laude, in 1994.

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Attorney By Attorney, Career Profiles of the Profession

Name: Nick Koberstein ,Primary Practice Area & Subspecialty Fields: Antitrust

Years in Practice Area: Since 1994

Years in the Legal Profession: Since 1994

Employer: Federal Trade Commission

City/State: Washington, DC

Law School: Georgetown

Undergraduate School/Degree: Michigan State/Int'l Rel.

Pluses/Challenges of Practice Area: Analytically demanding; rapidly changing.

Core Skills/Key Knowledge Needed in Your Practice Area: Economics

Career Path to Current Position: FTC

Influences and Mentors: Ann Malester, FTC.

Suggested Reading About Your Practice Area: Bork-Antitrust Paradox.

Bar Affiliations and Activities: PA, DC, ABA

Recent Professional Presentations:  Several ABA Panels dealing with Defense mergers & joint ventures.


James Madison college Family Ties

Koberstein-Thompson Family Profile

SPOUSES

Nick Koberstein (IR ’90)

Current Position: Lawyer and partner with McDermott and Emery, focusing on antitrust implications of mergers, acquisitions, and joint ventures. He previously worked with the Federal Trade Commission (FTC) where he most recently served as assistant to the director of the Bureau of Competition.


Kensington 8km, Sept 20, 1997 Kensington MD

PLACE DIV/TOT NAME             AGE                                               CITY               TIME PACE

202          32/43    Nick Koberstein 29 (Calculated Birth Year 1968)     Washington DC 46:19  9:20


U.S. Public Records Index

Name: Nicholas R Koberstein

Street address: 505 Fontaine St

City: Alexandria

County: Alexandria

State: Virginia

Zip Code: 22302

Phone Number: 703-837-0066

Household Members: Name Est. Age Birth Year

Nicholas R Koberstein