Alan Weinschel is Senior Counsel (retired Partner) at Weil, Gotshal & Manges LLP and a member of the firm’s Antitrust and Technology & Intellectual Property/Media practice groups. His practice has covered virtually all aspects of antitrust counseling and litigation, including mergers & acquisitions, licensing, distribution, pricing, promotional allowances, and monopoly power issues.
Mr. Weinschel has also worked on the interface between antitrust and proprietary rights, including patents, know-how, trademarks, copyright, and such technology-intensive areas as computers, computer software, semiconductor wafer fabrication, and avionics. He also has experience in counseling on and litigating patent damages issues.
Mr. Weinschel’s extensive experience also comprises motion picture distribution and exhibition, including handling Department of Justice matters under the Paramount Decree, representation of Cineplex-Odeon in its acquisition by Loews, and representation of Sony Pictures in a joint venture with Movielink for the distribution of motion pictures over the Internet.
He has written widely on antitrust, proprietary rights, patent issues, and related issues, including: The Antitrust-Intellectual Property Handbook (Glasser LegalWorks September 2000); “Corporate Employee Interviews and Attorney-Client Privilege,” 12 B.C. Ind & Comm. L. Rev. 873; “Kodak, The Lock-In Theory, and Antitrust Populism,” Journal of Proprietary Rights (July 1993); “Patent Infringement and Antitrust Damages: What Can They Learn From Each Other,” Journal of Proprietary Rights (August 1997); contributions to chapters in Antitrust Advisor and Drafting License Agreements; “FTC Issues Report on Antitrust-Intellectual Property Hearings,” Metropolitan Corporate Counsel (January 2004); and “Antitrust In Distribution - Tying, Bundling and Loyalty Discounts,” Metropolitan Corporate Counsel (April 2006). Mr. Weinschel is the editor of Weil’s Antitrust/Competition site, which features breaking news and developments in the antitrust landscape, as well as in-depth analyses on high-profile cases and trends.
Mr. Weinschel is a past chair of the New York State Bar Association’s Antitrust Section, a member of the Antitrust Section of the American Bar Association and its Committees on Intellectual Property and Section 2 of the Sherman Act, and served for many years on the Editorial Board of Antitrust Developments, published by the ABA. In April 2002 he was awarded the ABA Antitrust Section’s 50th Anniversary Publication Award for his work on Antitrust Developments. In January 2006, he received the New York State Bar Association Antitrust Section’s Distinguished Service Award for his “contributions to the section and the legal profession.”
Mr. Weinschel has also lectured extensively in a wide range of forums, including Glasser LegalWorks, the Practising Law Institute, ALI-ABA National Institutes, New York State Bar Association programs, the Canadian Bar Association, the Strategy Institute, Fulcrum Information Services, the Manufacturers Alliance, the Ohio Legal Institute, the American Management Association, and at various law journal and law and business seminars. He has also appeared as an antitrust commentator on Court TV and Bloomberg TV.
Mr. Weinschel is a graduate of Brooklyn College of the City University of New York, and received his law degree cum laude from New York University, where he served as senior editor of the Moot Court Board and was elected to the Order of the Coif.