Washington, DC
Litigation Lawyer at Washington, DC
Practice Areas: Litigation, Antitrust & Trade Law, Class Action
OUTCOME: Jury found a pattern or practice of discrimination
Class action pattern or practice employment discrimination lawsuit alleging race or national origin discrimination on behalf of a class of over 2,000 terminated former employees.
OUTCOME: Ninth Circuit ruled in favor of plaintiff.
Ninth Circuit Appeal on the issue of whether Section 1981 extends to citizenship discrimination against U.S. citizens.
OUTCOME: The act was signed into law on December 23, 2020
I proposed the Criminal Antitrust Anti-Retaliation Act, along with my partner, Daniel Kotchen. I was inspired by one of my clients, Martin McNulty, who was fired and boycotted from the packaged ice in ... dustry for reporting a market allocation scheme. I proposed that antitrust whistleblowers like him be given federal protections from retaliation by their employers. As a pro bono project, I lobbied Congress for passage of the bill.
OUTCOME: Favorable settlement.
While at Boies Schiller, I represented Pioneer and Dupont in defending numerous class action lawsuits filed against Pioneer, Dupont, and Monsanto in various state courts 2004 alleging price-fixing of g ... enetically modified corn and soybean seed. The plaintiffs agreed to the consolidation of the cases in federal court in Missouri. A motion to dismiss the consolidated complaint was granted in part and denied in part in 2007.
OUTCOME: pending
Kotchen & Low LLP filed a class action lawsuit on behalf of retail stores, state associations, and wholesalers against coupon processing companies who engaged in alleged fraud and conspiracy. The laws ... uit aims to benefit stakeholders within the retail industry not only through the recovery for prior harm, but also through the restoration of transparency and competition to an industry that has allegedly been beset by fraud and collusion.
OUTCOME: Favorable settlement
Plaintiff was a sales executive who alleges that he was fired and blacklisted in retaliation for his refusal to participate in an antitrust conspiracy in the packaged ice industry, and for his cooperat ... ion with the DOJ and FBI in their investigation of the conspiracy. He alleges that defendants' actions constituted witness tampering and retaliation in violation of RICO.
OUTCOME: Class certification granted; summary judgment granted to defendants.
Multidistrict class action antitrust price-fixing lawsuit against Delta and AirTran airlines for allegedly colluding to impose first checked bag fees effective December 5, 2008. Millions of dollars in ... discovery sanctions awarded to Plaintiffs' counsel.
OUTCOME: $8.75 million settlement (with one defendant)
MDL class action antitrust lawsuit alleging market and customer allocation by two large grocery wholesalers in the Midwest and New England.
OUTCOME: $82 million settlement
Defendant McKesson was alleged to have fraudulently inflated certain prescription drugs’ “Average Wholesale Price” or “AWP,” a benchmark that was widely used to determine the reimbursement price for ma ... ny prescription medications. The court certified a nationwide class of local government entities that allegedly overpaid for prescription drugs as a result of overcharges by McKesson.
OUTCOME: Plaintiff recovered approximately $8 million.
Floorgraphics had an exclusive contractual right to in-store floor and shelf advertising, which Floorgraphics used to sell advertising and promotions to consumer packaged goods manufacturers such as Pr ... octer & Gamble and General Mills. Safeway failed to enforce Floorgraphics' exclusivity rights by excluding other advertisers.
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