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.

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

Bar Qualification

  • District of Columbia
  • Massachusetts
  • New York

Education

  • JD, George Washington University Law School, 2001
  • BA, Smith College, 1996
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July 26, 2023 Recognition

Litigator of the Week Runners-Up and Shout Outs

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.