Justice Department Appoints New Trustee to Oversee T-Mobile/Sprint Deal

Edward McNally, a former U.S. Attorney and experienced antitrust attorney, has been appointed by the U.S. Department of Justice (DOJ) to serve as the new Monitoring Trustee for the high-profile merger between T-Mobile and Sprint. The appointment was approved late Wednesday night by Judge Timothy J. Kelly of the U.S. District Court for the District of Columbia, according to a statement issued by the DOJ.

McNally steps into the role previously held by Ted Ullyot, who recently assumed the position of General Counsel for the National Football League. Per a statement included in the DOJ’s court filing, McNally had served as Ullyot’s most senior outside counsel during his tenure as Monitoring Trustee.

This leadership transition comes under the terms of a Final Judgment issued on April 1, 2020, in the case United States v. Deutsche Telekom AG (Civ. No. 19-cv-2232). The agreement was part of the remedy imposed by federal regulators to address potential anticompetitive concerns related to the $26.5 billion merger, which combined the third and fourth largest national wireless carriers in the United States.

According to a statement from the Justice Department, McNally “has had a distinguished career in public service leading large legal organizations” and is considered “well-qualified to succeed Mr. Ullyot as Monitoring Trustee.” His professional background spans over three decades and includes notable appointments such as the nation’s first General Counsel for homeland security and counterterrorism in the aftermath of the September 11th attacks, as well as senior roles within the DOJ, including in the Criminal Division and as an Assistant U.S. Attorney in the Southern District of New York.

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McNally is currently a partner at Kasowitz Benson Torres LLP in New York, where his legal practice has focused on antitrust, compliance, internal investigations, and complex litigation across various industries. Per the DOJ’s motion, he has advised numerous high-ranking officials and corporate leaders, and has appeared in courtrooms across the country.

Marc E. Kasowitz, a partner at McNally’s firm, praised the appointment, calling McNally “the perfect choice” for overseeing compliance in what remains one of the most significant telecommunications mergers in recent U.S. history.

In a statement, McNally expressed his appreciation for the appointment, acknowledging the trust placed in him by the Trump Administration, the Department of Justice, and the Court.

Source: Kazowitz