J. Nicci Warr

Experience

Antitrust/Competition

Fortune 500 companies and other corporate clients trust Nicci’s advice on antitrust issues including pricing, distribution agreements, internet sales, grey-market goods and joint ventures.

Nicci is currently defending clients in multiple nationwide class actions and related state and federal litigation related to alleged Sherman Act and state consumer protection law violations in agricultural industries, including chicken production, pork production, and crop inputs.

She defended a pharmaceutical manufacturer against antitrust claims related to the settlement of intellectual property litigation.

She also defended a national health care insurer in multi-district litigation brought by putative nationwide classes of medical providers and insurance subscribers asserting RICO and antitrust claims.

Consumer Protection

Nicci represented a high-tech financial services company in a Federal Trade Commission (FTC) investigation. 

She successfully defended a number of companies against claims brought under the Missouri Merchandising Practices Act (MMPA) and the Telephone Consumer Protection Act (TCPA).

Nicci has also advised clients on methods to mitigate the risk of TCPA litigation and issues related to consumer protection and gambling-related laws as they apply to skills-based games.  

Intellectual Property-Related Issues

Nicci has defended companies in litigation involving allegations of software trade secret misappropriation and unfair-trade-practices, including second-chairing two multiple-week trials on such claims. 

She has also defended companies against claims under the Lanham Act.

Nicci advises companies large and small about issues at the intersection of intellectual property and antitrust, including the scope of intellectual property rights, licensing of intellectual property, and collaborative use of intellectual property.  

Appellate

Nicci has represented clients in appeals in the state and federal courts across the nation, including the U.S. Supreme Court and the Courts of Appeals for the Sixth, Seventh, Eighth, Tenth and Eleventh Circuits. 

Twice, she represented three former U.S. Attorneys General as amicus curiae before the U.S. Supreme Court. She also represented a Nebraska health care non-profit as amicus curie before the U.S. Supreme Court.

Nicci has represented companies in the United States Courts of Appeals on broad-ranging issues, including the preclusive effect of prior court orders, the appropriate scope of copyright protection and the constitutionality of certain bankruptcy laws.

She took the lead in writing the brief that persuaded the Seventh Circuit to vacate the largest class ever certified in an ERISA class action.

Nicci represented a company in the Nebraska Supreme Court on issues related to the interaction of Nebraska trade secret and contract law.

She also represented multiple clients before the Missouri Supreme Court and the Missouri Court of Appeals on issues including interpretation of the MMPA.

Education Funding Litigation

Nicci is currently representing New Hampshire in two school-funding challenges.

She also represented New Mexico and the State Department of Education in pre-trial proceedings and a nine-week trial alleging violations of the state constitution’s adequacy and equal protection clauses. Nicci’s broad experience working with economic experts on antitrust and other competitive issues is an important benefit to education funding cases as they inevitably involve complex economic issues and expert analysis.

News

Speaking Engagements

The Death of Employer Non-Competes? at the Missouri Bar Association Spring Meetings (2023)

Maximizing Protection of Technology Trade Secrets at the Intersection of Technology and Law Seminar (2022)

Effective 30(b)(6) Techniques at the ACC Corporate Counsel Institute (2022)

Antitrust Fundamentals (2022)

Ready, Set, Metaverse: The Next Big Digital Market (2022)

Antitrust and Big Tech at the Missouri Bar Association Fall Meetings (2021)

Antitrust Update: Cutting Through the Chaos at the ACC Golf/Spa CLE (2021)

School Funding Litigation at the Virtual National Council of State Education Attorney's Meeting (2021)

Technology Trade Secrets at the St. Louis Business Law Update (2020)

Antitrust Insights at the Missouri Bar Fall Meeting (2020)

Publications

FTC Announces Expanded Enforcement Authority, 2022

Employers Beware: Employment Practices in the Antitrust Crosshairs, 2022

A Dollar and a Dream: Student-Athlete Compensation in the Aftermath of U.S. Supreme Court's Alston Decision, 2021

Antitrust Update: Changes at FTC Could Impact Merger Review, 2021

Antitrust Update: Despite Administration's Rhetoric, No Major Enforcement Changes are Imminent, 2021

Justices Clarify Scope of Anti-Hacking Law, 2021