Marguerite Willis

Member
Columbia, South Carolina
(T) 803.771.8900
(F) 803-727-1435
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Practices
Practices

Marguerite S. Willis practices in complex commercial litigation, with concentration in the antitrust field. She also has substantial experience in class action practice and in litigating matters involving claims of unfair trade practices, false advertising, and vicarious corporate liability.  She practices in both state and federal courts throughout the United States.

Ms. Willis graduated from the University of Michigan, with high distinction, and the Stetson University College of Law, cum laude.

Ms. Willis is a frequent lecturer on topics including antitrust, class action practice, and law firm marketing. She lives with her husband, former Mayor Frank E. Willis, in Florence, South Carolina. 

Career Highlights
Career Highlights
  • Ms. Willis joined Nexsen Pruet on May 1, 2000. Prior to that time, she was a partner in the law firm of Howrey, LLP.
  • South Carolina Women Lawyers Association – Board of Directors – 2006-Present
  • University of South Carolina School of Law Partnership Board
  • Womens Bar Association of the District of Columbia - Past President
  • The Florida Bar - Former Out-of-State Governor
  • Columbia College Board of Trustees, 2005-Present
  • Eastern Carolina Community Foundation - Board of Directors – 2007-Present
  • Former Director of South Carolina Chamber of Commerce
  • Former law clerk for the Honorable Paul H. Roney, United States Court of Appeals for the Fifth Circuit, and the Honorable Peter T. Fay, United States District Court for the Southern District of Florida
Representative Matters

Selected Case Experience

  • Ms. Willis began her legal career working on the massive antitrust cases known collectively as “The Uranium Cartel Litigation.”  She litigated private antitrust cases in Illinois, New Mexico and North Carolina and worked as well on the related federal grand jury investigation in the District of Columbia.  These cases all alleged horizontal price-fixing under Section 1 of the Sherman Act.
  • Ms. Willis defended numerous witnesses in federal grand jury proceedings investigating alleged horizontal price fixing under Section 1 of the Sherman Act in Puerto Rico.  Despite the recommendation of staff counsel, the Department of Justice did not seek an indictment in this case.
  • Dunlop Sports Co. v. Wilson Sporting Goods Co.  In the early to mid-1980s, Ms. Willis defended a major antitrust case in federal court in Chicago, Illinois.  This case, which alleged a violation of Section 2 of the Sherman Act by attempting to monopolize through predatory pricing, involved the production of millions of documents and the depositions of over 100 individuals, both in the United States and abroad. 
  • Mead Data Central v. West Publishing Company.  Ms. Willis prosecuted a major antitrust case alleging violations of Section 2 of the Sherman Act (monopolization, attempted monopolization through control of an essential facility), as well as violations of the Robinson-Patman Act.  This case was settled on a basis favorable to the client.
  • 1990-1995.  Ms. Willis served as national counsel for a Fortune 100 company in its asbestos property damage litigation.  In this capacity, Ms. Willis coordinated the defense of four national class actions, as well as numerous other lawsuits across the country. 
  • 1994-2001.  Ms. Willis served as national counsel for a major pharmaceutical company in over 4,000 cases, including federal and state class actions, involving claims of price-fixing and price discrimination under federal and state law.  These cases, which involve both retail drug stores and consumers as plaintiffs, are currently pending in federal court in Chicago, Illinois, where they are consolidated as MDL 997, In re Brand Name Prescription Drugs Antitrust Litigation, and in numerous states, including Alabama, California, Colorado, the District of Columbia, Florida, Kansas, Maine, Michigan, Minnesota, Mississippi, New York, North Carolina, Tennessee, Washington, and Wisconsin.
  • 1998-2001.  Ms. Willis served as national counsel for a billboard company in a case alleging monopolization under Section 2 of the Sherman Act.  Ms. Willis obtained summary judgment, which was affirmed on appeal as RSA Media, Inc. v. AK Media Group, Inc., 260 F.3d 10 (1st Cir. 2001).
  • 1999-2000.  Ms. Willis served as national counsel for a major options exchange in governmental investigations and parallel federal class action lawsuits involving claims of violations of the antitrust and securities laws.  The federal lawsuits were consolidated for pretrial proceedings in New York as In re Stock Exchanges Options Trading Antitrust Litigation.
  • 2000-2002.  Ms. Willis served as lead counsel for Monsanto Company in two major antitrust lawsuits filed in South Carolina and Delaware federal courts by E.I. DuPont de Nemours & Company.
  • Since joining Nexsen Pruet in the spring of 2000, Ms. Willis also has represented defendants in several state court class action lawsuits, including involving alleged overcharges for medical records by hospitals, and another involving alleged use of defective replacement parts by an automobile property damage insurance company.  In the medical records case, which was an antitrust action, Ms. Willis successfully obtained dismissal of the case.  In the replacement parts case, Ms. Willis obtained summary judgment for her client.
  • Ms. Willis served as lead counsel in an antitrust price-fixing class action against International Paper, the world’s largest forest products and paper company.  The case was settled for in excess of $15 million.
  • Ms. Willis prosecuted multiple opt-out antitrust actions in MDL 1516 (In re Polyester Staple Fiber Antitrust Litigation) on behalf of twenty-one (21) U.S. textile companies for damages caused by price-fixing and customer allocation of polyester staple fiber.  These cases were successfully resolved against five groups with clients recovering in excess of $80 million.
  • Ms. Willis led the defense of Southeastern Freight Lines in an antitrust class action for alleged price fixing of fuel surcharges in MDL 1895 (In re LTL Shipping Services Antitrust Litigation).  The case was dismissed.
  • Ms. Willis was lead attorney for the plaintiffs in a four-week trial against ExxonMobil in 2008 in state court in Darlington, SC.  The jury returned a verdict of $3 million, including punitive damages, against ExxonMobil. 
News
News

Publications
Publications
Presentations
  • SC Bar CLE:  Beyond the Elements II:  South Carolina Damages from A to Z, September 25, 2009, “Antitrust Damages Under South Carolina Law”
  • The Alliance for Women:  Food for Thought Series, March 3, 2009, “What’s in Your Pocketbook?”
  • Tribute to Women and Industry, Floyd Conference Center, Florence, SC, September 14, 2009
  • South Carolina Women Lawyers Association, August 6, 2009
  • Releasing Your Leadership Potential, Update, Furman University, Greenville, SC, April 3, 2006
  • Class Action Practice–2006, February 2, 2006
  • Everything You Wanted to Know about Antitrust Laws and Managed Care, Part II, October 6, 2005
  • Releasing Your Leadership Potential, Furman University, Greenville, SC, April 11, 2005
  • Nelson Symposium, Antitrust and The Outdoor Advertising Industry, Gainesville, FL, February 11, 2005
  • Everything You Wanted to Know about Antitrust Laws and Managed Care, October 1, 2004
  • South Carolina Bar CLE: Beyond the Elements:  South Carolina Damages from A to Z, May 21, 2004
  • Antitrust Update, In-House Counsel Ethics Seminar, Columbia, SC, October 25, 2002
  • A “Do It Yourself” Guide to Class Action Practice, ABA Forum on the Construction Industry / 2002 Annual Meeting, Minneapolis, MN, October 4-5, 2002
  • State Law Preemption: A Case Study... In Progress, Outdoor Advertising Association of America, Inc., 2002 Legal Seminar, Washington, DC, September 23, 2002
  • Bid-Rigging . . . A “Refresher” Course, Carolinas Associated General Contractors Highway – Heavy Division, Annual Meeting, Hilton Head, SC, June 20-23, 2002 

Events
Events
Education
Education
  • University of Michigan, B.A., 1971
  • Stetson University, J.D., 1974
Bar & Court Admissions
Bar & Court Admissions
  • 1974, Florida
  • 1977, North Carolina
  • 1980, District of Columbia
  • 2003, South Carolina
Civic & Professional Memberships
Civic & Professional Memberships
  • Litigation Counsel of America - Fellow, 2009
  • American Bar Association - Section of Antitrust Law
  • South Carolina Women Lawyers Association - Member, Board of Directors 2006-present
  • Women’s Bar Association of Washington, D.C. - President 1999-2000; Treasurer 1998-1999
  • American Association For Justice (Formerly Association of Trial Lawyers of America)
  • SC Democratic Women