Todd R. Seelman

Todd Seelman has more than 20 years’ experience representing clients on matters involving antitrust, unfair competition, employment, financial fraud, and complex commercial litigation. Todd has extensive experience in class actions and multi-district litigation. Todd is the Chair of the firm’s Antitrust and Competition practice group. Todd is also an Adjunct Professor of Antitrust and Unfair Competition Law at the University of Denver’s Sturm College of Law.

Antitrust and Unfair Competition. Todd represents companies (pre-litigation and litigation) in federal and state antitrust law matters involving monopolization, price-fixing, bid-rigging, market divisions, resale price maintenance (Colgate policies, MSRP, and MAP policies), tying, interlocking directorates, collaborations among competitors, mergers, joint ventures, competitor and third-party information exchanges, clinical integrations, price discrimination, market foreclosures, and exclusionary practices. 

Employment. Todd represents companies (pre-litigation and litigation) in federal and state employment law matters including wage and hour, ADA, wrongful termination, trade secret protection, employment restrictive covenants (non-competition agreements, non-solicitation agreements, no-hire agreements and non-disclosure agreements), unfair competition and discrimination.

Financial Fraud. Todd represents companies in federal and state litigation matters involving fraudulent conduct in the banking, mortgage, energy, and financial services industries.

Complex Commercial Litigation. Todd represents companies in federal and state litigation matters involving breach of contract, partnership disputes, shareholder disputes, loan disputes, construction defect, and product defects.

Court Memberships

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin
  • U.S. District Court for the District of Colorado
  • Colorado
  • Wisconsin

Honors

  • Martindale-Hubbell® “AV” Rating

Professional Affiliations

  • Chair, Antitrust Subsection, Colorado Bar Association
  • Member, Executive Council, Business Law Section, Colorado Bar Association
  • Member, Pricing Conduct Committee, Antitrust Section, American Bar Association
  • Member, Cartel and Criminal Practice Committee, Antitrust Section, American Bar Association
  • Past President, Nonresident Lawyer Division, Wisconsin Bar Association
  • Governor, Board of Governors, Wisconsin Bar Association
  • Member, Federal Bar Association
  • Member, Denver Bar Association
  • Member, Faculty of Federal Advocates

Representative Matters

  • Advised an international manufacturer cooperative on the federal and state antitrust laws pertaining to vertical resale price maintenance agreements, price discrimination and collaborations with competitors.
  • Advised a U.S. manufacturer in the oil and gas industry on the federal antitrust laws applicable to refusals to deal.
  • Defended a U.S. technology company in a patent misuse case with antitrust counterclaims for monopolization and attempted monopolization.
  • Advised a U.S. trade association on the federal and state antitrust laws pertaining to vertical restraints of trade.
  • Advised a U.S. oil and gas company on the federal antitrust laws pertaining to tying and refusals to deal.
  • Advised numerous hospitals and physician groups on the federal and state antitrust laws pertaining to joint ventures and clinical integrations in the health care industry.
  • Advised numerous U.S. companies on federal and state antitrust compliance policies and programs.
  • Advised a regional U.S. feed company on state unfair competition and trade secret theft laws.
  • Advised a Canadian company of potential federal antitrust defenses against allegations of federal patent/trademark violations asserted by a U.S. competitor.
  • Defended a Fortune 500 oil refinery and marketing company in a federal nationwide class action lawsuit alleging violations of the federal antitrust laws (Section 1 and 2 of the Sherman Act, Section 3 of the Clayton Act). 
  • Advised a U.S. construction company on the antitrust implications of employer-employer non-solicitation agreements.
  • Advised a U.S. oil and gas transportation company on the antitrust implications of an employer-employer non-solicitation agreement.
  • Defended a Michigan bank holding company (and its wholly owned subsidiaries) in a state trade mark and unfair competition lawsuit. (Co-defended with the Colorado Attorney General's Office).
  • Advised a U.S. oil and gas transportation company on the antitrust implications of a nationwide license agreement with a competitor.
  • Advised a Canadian company of potential federal and state antitrust claims/defenses applicable to resale price maintenance agreements.
  • Represented U.S. companies in over thirty federal and state class action antitrust lawsuits alleging violation of federal and state antitrust laws (including price-fixing, bid-rigging, market division, monopolization, fraudulent concealment) in a variety of industries.

Publications

  • Quoted in “Virtual Reality Pricing Practices”, Gifts and Decorative Accessories, February 2014
  • “Supplier’s Ability to Control Retail Pricing – Vertical Restraints under the Antitrust Laws,” The Price Point, vol. 13, issue 1, Winter 2014  
  • “US Department of Justice v. Apple Inc.,” E-Commerce Law Reports, vol. 13, issue 04, September 2013
  • “A Perspective on Apple’s E-Book Suit.” Law Week Colorado, August 12, 2013
  • “Apple Found Liable for Price Fixing E-Books: New Level of Legal Complexity for Vertical Price Restraints,” Lexology, July 15, 2013

  • “Update on a Recent Supreme Court Antitrust/Intellectual Property Case: ‘Reverse Payment’ Settlement Agreements under FTC v. Actavis, Inc.” Lexology, June 17, 2013

  • Quoted in “Regulatory Review Head Start Major Plus for Stalking HorsesMilling & Baking News (The application of the federal premerger notification requirements of the Hart-Scott-Rodino Act to the assets of Hostess Brands), February 5, 2013

  • “Labor: Competitor Collaborations and the Antitrust Laws ,” Inside Counsel, November 5, 2012
  • “Labor: Manufacturer’s Control Over Retailers and Retail Pricing Under the Antitrust Laws,” Inside Counsel, October 22, 2012
  • “Labor: Antitrust and ‘Unreasonable’ Restraints of Trade,” Inside Counsel, September 24, 2012
  • “Labor: Avoiding Antitrust Complaints Concerns in Employee Restrictive Covenants,” Inside Counsel, August 27, 2012
  • “Court Grants Partial Summary Judgment in Favor of Hospitals in Nurse Wage-Fixing Lawsuit,” FordHarrison Legal Alert, March 2012
  • “Virginia Supreme Court Overturns Long-Standing Precedent on the Enforceability of Noncompetition Covenants in Employment Agreements,” FordHarrison Legal Alert, February 2012
  • “Class Action Antitrust Complaint Alleging an Unlawful Employer ‘No Poaching’ Conspiracy Appears to Have Survived Motion to Dismiss,” FordHarrison Legal Alert, January 2012
  • “Department of Justice and Department of Agriculture Held Joint Public Workshops Throughout 2010 on Competition Issues Facing the Agriculture Industry,” April 2011
  • “Non-Solicitation Agreement Between LucasFilm and Pixar Alleged to be per se Unlawful under Section 1 of the Sherman Antitrust Act,” February 2011
  • “Non-Solicitation Agreements Between High-Tech Companies Alleged to be per se Unlawful under Section 1 of the Sherman Antitrust Act,” December 2010

Presentations

  • Speaker, “Judging a Vertical Actor in a Horizontal Conspiracy – U.S. v. Apple: Did the DOJ Abandon Analytical Rigor Just to Get a Win?”, Colorado Bar Association, Antitrust Subsection, September, 2014
  • Speaker, “Continued Federal and State Tensions After Leegin – Controlling Retail Prices in a Vertical Vacuum”, Colorado Bar Association, Antitrust Subsection, April, 2014
  • Moderator, “MAP, MSRP and RPM – What’s Legal and How Do You Enforce It?” American Specialty Toy Retailing Association (ASTRA) National Convention, Nashville, Tennessee,  June 16, 2013
  • “Vertical Restraints of Trade: Resale Price Maintenance Agreements (RPM) and Manufacturer’s Advertising Programs (MAP)” The Creditor’s Network Member Meeting, American Specialty Toy Retailing Association (ASTRA), Baltimore, Maryland, 2012
  • “The Intersection of Antitrust and State Competition Laws” Sturm College of Law, University of Denver, 2011
  • “The Impact of Wal-Mart v. Dukes on Future Gender Discrimination Suits under Title VII of the Civil Rights Act of 1964,” United States Air Force Academy, Colorado, August, 2011
Photo of Todd R. Seelman
  • Denver
    950 Seventeenth Street
    Suite 2400
    Denver, CO 80202
T: 720.931.3234
F: 720.931.3201
Assistant
Helen Dougherty
720.931.3108

Practices

Industries

Education

Hamline University School of Law, J.D., cum laude, 1990

University of Wisconsin - Milwaukee, B.A., 1986