George Gasper is a partner in Ice Miller's Business Litigation Group. He is an experienced litigator focused on resolving disputes to help clients achieve strategic objectives and gain a competitive advantage. His practice focuses on antitrust law, advertising/unfair competition issues, securities law, trademark enforcement, franchise disputes, and products liability.
George is a litigator with trial experience and a passion for winning who believes that a client's objectives often can and should be achieved outside the courtroom. He has provided strategic advice to clients across several industries, including health care, agriculture, gaming and racing, energy (including oil and gas), e-commerce, retail, manufacturing, entertainment and higher education.
George advises clients on antitrust and competition issues, with significant experience in counseling, litigation and government investigations. For example, he counsels clients on advertising issues, pricing policies (under the Robinson Patman Act), exclusive supplier agreements, potential joint ventures, non-compete agreements, trademark enforcement and other intellectual property (IP) licensing agreements. He also provides antitrust counseling to trade associations and clients participating in trade associations.
George regularly litigates antitrust and competition issues on behalf of clients in state and federal courts across the country. He has experience in cases involving price fixing, monopolization, trademark and non-compete enforcement, securities law, fraud, and other unfair competition issues. His representative litigation experience includes:
• Defended title insurer in class action price fixing cases filed in a dozen federal jurisdictions;
• Defended manufacturer in tying and monopolization case filed under federal and California antitrust law;
• Represented web-based business in multiple unfair competition claims against competitors over improper use of client’s trademark and other proprietary information;
• Represented homebuilder and scrap-metal broker in lawsuits filed under North Carolina’s Unfair and Deceptive Trade Practices Act;
• Defended manufacturer and directors against securities and breach of fiduciary claims;
• Enforced clients’ non-compete agreements through litigation in Indiana, Illinois, and California;
• Enforced recyclable material brokers’ supply contracts through litigation in Indiana, California, and North Carolina;
• Defended health club chain against franchise and breach of fiduciary claims;
• Prosecuted fraud claims against client’s competitors, vendors, and former employees in state and federal courts;
• Defended tire manufacturer in several products liability cases; and
• Represented entertainment client in protracted environmental litigation.
George also advises clients across the full range of antitrust and competition issues associated with potential mergers, joint ventures and asset purchase agreements (ranging from $4 million to over $2 billion). This includes advising clients of the potential antitrust risks of such transactions and how to best minimize those risks. George has filed dozens of Hart-Scott-Rodino (HSR) Premerger Notifications and represented several clients with resulting “Second Requests” and other investigations pursued by the Federal Trade Commission and Department of Justice. Such investigations often require producing millions of documents, presenting company executives for depositions, working with experts to build a winning case and ultimately negotiating a resolution so that the merger can proceed.
George also represents clients in state and federal (non-merger) government investigations. His representative experience includes price fixing investigations by the Federal Trade Commission and Ohio Attorney General, contempt proceedings pursued by the Department of Justice, a government contract investigation by the Department of Defense, and advertising investigations by the Indiana and Florida Attorneys General. George also has represented clients before the National Advertising Division of the Council of Better Business Bureaus.
Prior to joining Ice Miller, George practiced law in the Washington, D.C. office of Fulbright & Jaworski LLP. He is admitted to practice in the state of Indiana, the District of Columbia, and several federal courts (trial and appellate).
George is a proud native of Philadelphia, Pa., where he earned the City Council's Good Citizenship Award. In 1999, he received a Bachelor of Science from Villanova University, graduating early with honors and a double major in management and marketing. In 2003, he graduated with honors from Georgetown University Law Center. While in law school, he was the administrative editor of the Georgetown Journal on Poverty Law and Policy, in which he published an article anticipating the increased flight of jobs from the center of America's cities and outlining how cities such as Indianapolis could retain those valuable employment opportunities.
Also while in law school, George met his wife, Julie, and is now thrilled to raise their three sons in Julie's hometown of Indianapolis. George enjoys serving as a member of the Indianapolis Bar Association Litigation Section Executive Committee, the Heritage Place Board of Directors and the College Mentors for Kids Program Impact Committee.
"How the USDA Hopes to Reverse a 'Legion' of Federal Circuit Courts on the PSA’s Threshold Issue of Competitive Injury," The American Bar Association Section of Antitrust Law Agriculture and Food Committee, Fall 2010
"The Economics of Flight: Why the Decentralization of Corporate America from Central Cities is Inevitable and What it Means to Older Central Cities," 10 Geo. J. on Poverty L. & Pol'y 247, 2003