Overview

Owen is a trial attorney and legal advisor for leading companies and distinctive brands. Owen works with clients in heavily regulated industries to help them get ahead of the litigation risks they face. And when disputes arise, clients turn to Owen to guide them through pre-trial litigation, trial, and appeals in jurisdictions throughout the country.

Owen is a partner in BFKN’s Litigation Group and a first-chair trial attorney representing manufacturers and distributors, fashion and luxury retail brands, financial institutions, real estate investment companies, and law firms in individual and class actions arising under federal and state constitutions and statutes, as well as contract, tort, and fiduciary duty laws.

Owen serves as co-chair of BFKN’s Motor Vehicle Group. He regularly advises and litigates on behalf of automobile, motorcycle, truck, and powersports manufacturers and distributors, as well as captive finance companies, in motor vehicle distribution and franchise matters, such as buy-sell transactions and rights of first refusal, establishments and relocations, terminations, incentive programs, facility programs, sales performance standards, allocation practices, and warranty compensation practices.

Owen is also co-chair of BFKN’s Antitrust & Commercial Competition Group. Owen counsels and litigates on behalf of companies in various industries and sectors—banking, automotive, luxury goods, and manufacturing, among others—in a wide range of antitrust and competition matters arising under the federal Sherman, Clayton, and Robinson-Patman Acts, as well as state antitrust and unfair competition laws.

Owen is involved in firm life at BFKN. He is chair of BFKN’s Recruiting Committee and a member of the DEI Committee.

Before joining BFKN, Owen practiced law in the New York City office of a large international law firm, where he focused on antitrust and securities litigation.

Credentials

Admissions

  • State of Illinois
  • State of New York
  • U.S. District Court - Colorado
  • U.S. District Court for the Northern District of Illinois (Trial Bar)
  • U.S. District Court - Northern District of Illinois
  • U.S. District Court - Southern District of Illinois
  • U.S. District Court - Southern District of New York
  • U.S. District Court - Eastern District of New York
  • U.S. Court of Appeals - 2nd Circuit
  • U.S. Court of Appeals - 3rd Circuit

Clerkships

  • Hon. Richard Conway Casey, U.S. District Court, Southern District of New York (2006-2007)

Education

  • The George Washington University Law School, J.D., cum laude, 2005
  • Washington University in St. Louis, B.A., magna cum laude, 1999

Experience

Motor Vehicle

  • Lead counsel for manufacturer challenging the constitutionality of amendments to the Illinois Motor Vehicle Franchise Practices Act.
  • Lead counsel for luxury sports car manufacturer defending allocation-related claims by a large-market dealer for damages.
  • Lead counsel for luxury sports car manufacturer defending multi-dealer administrative protest of an add-point in a large metropolitan market.
  • Lead counsel for luxury manufacturer in a putative nationwide antitrust class action asserting violations of the Sherman Act in connection with alleged vehicle leasing practices. Prevailed on a motion to dismiss.
  • Lead counsel for luxury auto manufacturer in litigation involving a large, multi-faceted dealership asset, and real estate buy-sell transaction. Obtained a preliminary injunction preserving the manufacturer’s right of first refusal, won summary judgment on the buyer’s tortious interference claims, and prevailed in each of three separate federal appeals.
  • Lead counsel for volume manufacturer and captive finance defending against claims of fraud, breach of contract, and tortious interference stemming from the failure of a large market dealership. Won summary judgment on all counts.
  • Lead counsel for luxury sports car manufacturer in litigation over changes to dealer sales territories in a large metropolitan market. Prevailed on appeal.
  • Lead counsel for manufacturers in dealer termination actions, including those involving challenges to manufacturer sales performance metrics, incentive programs, allocation and distribution practices, and dealer territories, among other things.
  • Lead counsel for ultraluxury sports car manufacturer investigating allegations of incentives fraud by large-market dealer.
  • Lead counsel to volume manufacturer conducting an internal investigation of employee compliance matters at regional sales offices.
  • Advised on numerous complex, multi-point buy-sell transactions, including with respect to rights of first refusal.
  • Negotiated market actions, including pre-litigation resolution of potential sales performance terminations, add-point disputes, buy-sell transactions, and facility issues.
  • Advised on the structuring and implementation of national incentive programs.
  • Advised on the structuring and implementation of warranty compliance and compensation policies.
  • Advised on antitrust compliance policies.

Antitrust & Commercial Competition

  • Lead counsel for Louis Vuitton and Loro Piana defending against a federal class action alleging a no-poach conspiracy in violation of Section 1 of the Sherman Act. Prevailed on motion to dismiss.
  • Lead counsel for luxury import brand in a putative nationwide antitrust class action asserting violations of the Sherman Act in connection with alleged vehicle leasing practices. Prevailed on a motion to dismiss.
  • Lead counsel for multiple automotive manufacturers defending against claims that national dealer incentive programs violated federal and state price discrimination prohibitions.
  • Lead counsel to a luxury sports car manufacturer on the development of a comprehensive antitrust and competition compliance policy.
  • Advised international truck manufacturer on a supply contract with its largest competitor.
  • Advised industrial manufacturer in connection with its planned acquisition of its largest competitor.
  • Counsel to “Big Five” book publisher in DOJ Antitrust Division and State Attorneys’ General investigations regarding the launch of the Apple iPad and the Apple e-book store.
  • Counsel to a luxury furniture manufacturer and retailer in multi-State Attorneys’ General investigation into alleged price-fixing arrangements.
  • Counsel to foreign governmental agency as amicus curiae asserting “act of state” doctrine on behalf of a foreign company defendant in a class action alleging price fixing in a domestic market for nutritional supplement.

Business Litigation

  • Lead counsel for a large international law firm against malpractice contribution claims in connection with a series of real estate transactions. Prevailed on a motion to dismiss.
  • Represented large retail pharmacy chain and health care provider in breach of contract and breach of warranty action arising from its acquisition of a medical services company. Prevailed after trial.
  • Defended large international bank against claims relating to the bank’s right to charge-back client accounts. Prevailed on a motion to dismiss.
  • Defended global financial institution against claims for conversion, breach of contract, and breach of fiduciary duty relating to securities repurchase (repo) transactions.
  • Defended a large commercial real estate developer against claims relating to the dissolution of a partnership and a joint venture.
  • Defended various financial institutions in securities class actions and direct actions, including issuers, underwriters, and others alleged to have made fraudulent and/or negligent misrepresentations or omissions in connection with the issuance and sale of equity securities, corporate bonds, mortgage-backed securities, and limited partnership units.

Newsroom

Speaking Engagements

Recognitions

  • Litigation Star, Benchmark Litigation (2024)
  • Benchmark Litigation - Litigation Star
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