Next Generation Partner ‒ Antitrust: Civil Litigation/Class Actions Defense
The Legal 500 US 2024
"Jennifer Giordano instills confidence providing strategic insight, practicality and discernible care for the client. You know a good lawyer when you see one and she is the real deal."
The Legal 500 US 2023
Profile
Jennifer Giordano, a preeminent antitrust trial lawyer, defends market-leading companies in cutting-edge antitrust matters in courts across the country.
Jenn draws on more than two decades of experience to advise clients on their highest stakes antitrust matters. She achieves exceptional results at all stages of litigation — routinely defeating class certification or securing victories in dispositive motion practice, as well as at trial and on appeal, when necessary.
She excels at handling sprawling multidistrict litigation, class actions, and strategic B2B litigation on claims relating to:
Monopoly and monopsony
Price fixing and price discrimination
Tying
State law unfair competition claims
Jenn represents clients across industries that are facing claims at the forefront of the evolving body of antitrust law. She persuasively crafts strategies for clients that help protect their core business model.
Jenn maintains an active pro bono practice, including representing Washington, D.C. nonprofits, such as the Children’s Law Center, in impact litigation.
Experience
Jenn's experience includes representing:
Antitrust Litigation
Fanatics, a sportswear retailer, in ongoing antitrust litigation related to trading cards
Cox Enterprises in ongoing antitrust litigation alleging a group boycott against their division Cox Automotive/Manheim
Live Nation in ongoing litigation to enforce an antitrust consent decree against performing rights organization BMI
The American National Red Cross in ongoing antitrust litigation alleging that the Red Cross has engaged in tying related to its production of blood products
Cox Media Group in a complex multidistrict litigation alleging price-fixing and information-exchange violations arising out of a Department of Justice investigation into local television advertising sales practices
Radio Music License Committee in litigation alleging competing monopoly and monopsony cartel claims
Highmark in multiple cases related to an alleged conspiracy between a dominant hospital chain and regional insurer to monopolize their respective markets
The London Metal Exchange in antitrust litigation alleging a conspiracy with banks to manipulate the price of aluminum
Antitrust Trials
U.S. Sugar, successfully defeating the government in merger litigation and on appeal, ensuring the client could close on acquiring Imperial Sugar
Live Nation in a trial to enforce an antitrust consent decree
Cox Communications, securing a directed verdict for Cox in an antitrust tying trial in which a class of cable subscribers alleged that Cox unlawfully required them to lease set-top boxes to obtain certain cable services; the 10th Circuit affirmed the verdict
Ocean Spray Cranberries in a case alleging monopsony and unfair competition claims; settled on the eve of trial
Dairy Farmers of America in a case alleging conspiracy and monopsony claims; settled on the eve of trial
Radio Music License Committee, after preliminary injunction trial, obtained ruling that RMLC was likely to succeed on the merits of its monopolization claim against the defendant, a performing rights organization
Michael Foods, defending the processed-egg products manufacturer against claims that it had discriminated against independent food distributors in favor of food service management companies in violation of the Robinson-Patman Act; Third Circuit ordered judgment for defendants
In the leading competition publication’s annual review of the strongest antitrust practices around the globe, the firm dominated in every category, ranking second across all specialties.
Latham team recognized as appellate court affirms previous decisions against the US Department of Justice's challenge to U.S. Sugar's purchase of Imperial Sugar.
Appellate opinion cements earlier multi-court successes against the US Department of Justice high-profile challenge to U.S. Sugar’s purchase of Imperial Sugar.
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