Orrick Antitrust Pioneer, Ex-Heller Ehrman Leader, Dies at 81
Larry Popofsky, a former head of Heller Ehrman who argued a 1977 U.S. Supreme Court case that shifted the course of antitrust law, died on May 9. Popofsky, senior counsel at Orrick, Herrington & Sutcliffe in San Francisco, leaves behind an antitrust legacy that includes his son, Mark Popofsky, chair of Ropes & Gray's antitrust group.
May 12, 2017 at 09:01 AM
6 minute read
Orrick, Herrington & Sutcliffe senior counsel M. Laurence “Larry” Popofsky, who argued a 1977 U.S. Supreme Court case that shifted the course of antitrust law, died on May 9. The litigator and former chairman of now-defunct Heller Ehrman was 81.
Popofsky's victory in Continental Television Inc. v. GTE Sylvania Inc., in which the Supreme Court ruled that business practices must be analyzed under the “rule of reason” legal doctrine, made efficiency and consumer welfare the focus of antitrust analysis, steering that field of law away from the more populist focus that it had previously.
“It turned it into much more of an economic enterprise,” said Orrick antitrust and complex litigation partner Robert Rosenfeld, who worked with Popofsky for four decades. “That was a huge sea change.”
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