Cuneo Gilbert & LaDuca, LLP Adds Slade Bond, Former TOP Antitrust Staffer and Senior DOJ Official, To Lead Its Public Policy and Legislative Affairs Practice
WASHINGTON, DC — Cuneo Gilbert & LaDuca, LLP has welcomed Slade Bond to lead the firm’s expanded public policy practice as Chair of Public Policy and Legislative Affairs. A former senior official at the Department of Justice (DOJ) and Capitol Hill veteran, he has spent more than a decade serving at the highest levels of government. Slade managed legislative strategy on high-stakes policy for the DOJ, where he served as Principal Deputy Assistant Attorney General for Legislative Affairs, and broke new ground on competition policy as Chief Counsel of the Antitrust Subcommittee in the U.S. House of Representatives.
At the firm, he will leverage his experience at the highest levels of the Executive and Legislative Branches of the U.S. Government to counsel clients on a range of matters, including competition, consumer protection, and access to justice.
“Slade Bond is known for his effectiveness and ability to work across the aisle. His robust experience and deep understanding of Congress and the Executive Branch will make him invaluable to our clients and policy work,” said Charles J. LaDuca, Firm Chairman, Cuneo Gilbert & LaDuca, LLP.
Pamela Gilbert, a named partner in Cuneo Gilbert & LaDuca, LLP, added: “Over the course of his career, Slade Bond has fought relentlessly to safeguard economic freedom, access to justice, and protect consumers. He will continue this critical work by strengthening the firm’s unique ability to provide counsel on high-stakes matters before Congress and the Executive Branch as the Chair of the firm’s newly formed Public Policy and Legislative Affairs practice.”
“I am absolutely thrilled to join Cuneo Gilbert & LaDuca. Since its founding by Jonathan Cuneo—a personal hero of mine and predecessor on the House Antitrust Subcommittee who stood up to powerful corporations throughout his career—CGL has built a strong reputation for its excellence and values,” Slade Bond said. “I look forward to working with my outstanding colleagues to help advance the policy, litigation, and regulatory priorities of the firm’s clients.
In recognition of Slade’s service to the House of Representatives, former House Judiciary Committee Chairman Jerrold Nadler (D-NY) and Subcommittee Chairman David N. Cicilline (D-RI) applauded “his tireless work ethic, acute attention to detail, impeccable work product, and enthusiasm for the mission of the Committee to ensure economic justice for American consumers, workers, and small businesses.” They also recognized his “well-earned reputation for his excellent work with Members and staff from both parties, in both the House and the Senate, to shepherd important bills into law.” Representative Ken Buck (R-CO), the former Ranking Member of the House Antitrust Subcommittee, likewise recognized his “tireless work on behalf of the American people” alongside his Republican colleagues.
Partner Amanda Lewis Files Amicus Brief in FuboTV’s Antitrust Case Against Disney, Fox, and Warner Bros
Earlier this week, Cuneo Gilbert & LaDuca Partner Amanda Lewis filed an amicus brief on behalf of a coalition of consumer advocacy and public interest groups including Sports Fans Coalition, the American Antitrust Institute, American Economic Liberties Project, the Center for Democracy & Technology, the Electronic Frontier Foundation, Public Knowledge, National Consumers League, and Open Markets Institute in support of FuboTV’s antitrust case against Disney, Fox, and Warner Bros. Fubo’s case challenges the Defendants’ proposed new live sports streaming joint venture, Venu Sports, arguing that it would create a de facto monopoly. The brief argues that upholding the lower court’s preliminary injunction order blocking the joint venture, “is the only way to ensure consumer access to new products and services that sports fans want without subjecting them to a monopolist’s unchecked power over pricing and terms.”
FuboTV secured a preliminary injunction in August to block the joint venture, but the Defendants appealed the decision. The appeal is now pending in the Second Circuit Court of Appeals.
Fubo Amicus FiledPartner Amanda Lewis spoke to The Athletic about how the U.S. election could shape the future of the PGA Tour
The upcoming 2024 U.S. presidential election could significantly shape the future of professional golf, specifically the PGA Tour, Saudi Arabia’s Public Investment Fund and the DP World Tour merger.
In an interview with The Athletic, Amanda G. Lewis, a partner at Cuneo Gilbert & LaDuca, discussed how the Department of Justice’s antitrust review of the merger might shift depending on whether the administration is led by Vice President Kamala Harris or Former President Donald Trump. The DOJ’s antitrust enforcement priorities are influenced by the executive branch, and each administration could bring a different approach.
“I think the chances of the merger going through increase quite a bit under a Trump administration,” Lewis told The Athletic.
The framework agreement, announced in June 2023, aims to unify men’s professional golf under a new for-profit LLC, with the Saudi sovereign wealth fund injecting over $1 billion while the tour maintains control. The merger has the potential to reshape the industry, but it is far from a done deal as it raises significant competition concerns.
Learn more here: https://www.nytimes.com/athletic/5867160/2024/10/24/us-presidential-election-pga-tour-pif-golf/
Cuneo Gilbert & LaDuca Honored with AAI 2024 Antitrust Enforcement Award
The American Antitrust Institute has announced its 2024 Antitrust Enforcement Award honorees, recognizing leading practitioners and economists in the field. Cuneo Gilbert & LaDuca received the award for “Outstanding Antitrust Litigation Achievement in Private Litigation” for their exceptional work on the Fusion Elite All Stars, et al. v. Varsity Brands, LLC case. This recognition highlights our dedication to fair competition, having represented gyms and parents nationwide who faced inflated fees for All Star Cheer competitions and apparel.
Learn more about the award and the other honorees here.
New Battleground State Poll Shows Voters Overwhelmingly Support Antitrust Enforcement
(Washington, DC) New presidential and Senate battleground state polling by Lake Research Partners, in partnership with the American Antitrust Institute (AAI) and the Committee to Support the Antitrust Laws (COSAL), shows that voters across partisan lines overwhelmingly support strong antitrust enforcement and government supervision of powerful corporations. The poll was conducted across Arizona, Georgia, Michigan, Nevada, North Carolina, Ohio, Pennsylvania, and Wisconsin. These are the seven presidential battleground states, plus Ohio, a battleground for control of the Senate and home to three hotly contested congressional races.
Major conservative and libertarian think tanks and political donors, including from the tech industry and Wall Street, have been attacking the robust antitrust enforcement and corporate regulatory policies of the Biden-Harris administration, but this poll demonstrates that the public disagrees, and that voters’ anti-monopoly and pro-competition sentiments impact their voting decisions.
“This poll shows that voters understand that big corporations that abuse their market power are harming the quality of life for the rest of us and we need to do more to hold them accountable,” said Pamela Gilbert, COSAL Legislative Counsel. “Public officials should pay attention and do more to strengthen public and private antitrust enforcement.”
Key Findings
- Sixty-seven percent of voters agree (49% strongly agree) that “One of the biggest problems facing America today is that a handful of corporations have too much power and government is doing too little to hold them accountable.”
- Seventy-one percent of voters agree (56% strongly agree) that “Today, a handful of enormous, economically powerful corporations wield a massive amount of influence over the quality of our lives with almost no accountability or transparency to the public.” Overwhelming majorities of voters hold negative views toward anticompetitive conduct by firms with market power.
- Voters hold very negative views of monopolization.
- Voters hold very negative views of price-fixing and exclusionary conduct. Voters hold very negative views of concentrative mergers.
- Voters believe that firms with market power operate without transparency.
- Voters are concerned about firms with market power “driving out competition,” “price gouging,” and hurting consumers and small business.
- Voters are very favorable toward both government enforcement of the antitrust laws and private enforcement of the antitrust laws on behalf of victims.
- Seventy-eight percent favor (59% strongly favor) allowing small businesses and customers to sue for damages when firms engage in anticompetitive conduct. ○ Voters support “lawsuits” and “class action lawsuits” to hold firms with market power accountable for anticompetitive behavior.
- This is not a partisan view; it’s a consensus view that transcends political and personal divides and impacts voting behavior.
- A majority of battleground voters consider antitrust enforcement a central criterion in their voting decisions.
“These data are remarkable,” said AAI President Randy Stutz. “Strong antitrust enforcement is not just good policy; it’s also good politics, whether you’re a Democratic or a Republican.”
Read the full slide deck LRP Antitrust Deck f 10.21.24 (1).
We’re proud to support the D.C. Access to Justice Commission and be recognized by the Raising the Bar in DC campaign for our financial support to DC legal services organizations.
LAW 360: DC Firms Honored For Local Legal Services Donations
About the Raising the Bar in D.C.Campaign
To meet the urgent need for increased funding for legal services, the D.C. Access to Justice Commission formally launched the Raising the Bar in D.C. Campaign in December 2010, with the endorsement of the D.C. Bar Foundation and the D.C. Bar. The Campaign’s goal is to substantially increase financial support to the District’s legal services community by establishing benchmarks for law firm giving and annually recognizing and celebrating those firms that have donated at benchmark levels.
The campaign is critical to addressing the civil legal needs of D.C.’s most vulnerable communities, helping ensure low-income neighbors facing life-altering events such as eviction, the loss of public benefits, domestic abuse, and consumer fraud have access to free, expert legal assistance.
D.C. Access To Justice Commission
Cuneo Gilbert & LaDuca is actively investigating the recent data breach incident at J.P. Morgan.
We understand the potential impact of this event on those affected and are committed to providing necessary legal assistance.
**If you believe you have been affected by the data breach, please take the following steps:**
1. **Contact Us:** Reach out to our Data Breach Law Department for support and guidance.
2. **Email:** Send your inquiries and concerns to **hello@cuneolaw.com**. Please include any relevant details that may assist us in understanding your situation better.
We are dedicated to addressing your concerns promptly and thoroughly. Thank you for your attention to this matter.
CGL Files Globally Significant Class Action RICO Case Against Lebanese Banks
CGL along with co-counsel, has filed a first-of-its kind RICO case in the U.S. District Court for the District of New Jersey to right the wrongs caused by the Lebanese Banking Enterprise, a collection of Lebanese banks that systematically defrauded thousands of U.S. citizens and residents.
“We pride ourselves on fighting for our clients, no matter the opponent. Our clients find themselves under attack by the very fiduciaries that are mandated to safeguard their livelihoods, and we take that very seriously,” says Charles LaDuca, Chairman of Cuneo Gilbert & LaDuca. “Lives were destroyed by the Lebanese banks’ actions. We intend to advocate aggressively for our clients, and filing this first-of-its kind case is just the first step towards justice.”
View Current Case: Class Action RICO Case Against Lebanese Banks
Watch Amanda Lewis on Bloomberg Markets Close: Apple To Be In Long Battle With DOJ
CGL’s Amanda Lewis analyzed the DOJ case against Apple: “This case really is the capstone.. of the Biden Administration’s efforts to enforce antitrust law when it comes to Big Tech.” Ms Lewis believes that the case has “the potential to… unlock a huge amount of competition… when it comes to the smartphone ecosystem.”
CGL’s JD Scholten, who is also an Iowa state representative, organized a letter from all 36 Iowa Democratic state lawmakers to the FTC and DOJ asking for a review of Koch Industries’ plans to purchase a fertilizer plant in the state.
Lawmakers are highlighting potential harm to workers from Koch Industries Inc.‘s $3.6 billion acquisition of a fertilizer plant, and calling upon the Federal Trade Commission, the Justice Department, and Iowa Attorney General Brenna Bird (R) to examine how the purchase could further entrench Koch’s market power, posing the risk of not only higher fertilizer prices but also job losses.
Consolidation in agriculture is “squeezing farmers, it’s suppressing workers, and consumers are having to pay the most they ever have for groceries,” said Iowa State Rep. J.D. Scholten (D), who spearheaded a letter to the agencies on Feb. 5. “We as a society need to start judging some of these mergers.”
California Court of Appeals Rejects Gilead’s Mischaracterization of Plaintiffs’ Negligence Claim
An important decision was reached on January 9, 2024 by the California Court of Appeal in Gilead Tenofovir Cases, in which Cuneo Gilbert & LaDuca, LLP, along with its partner firms and other plaintiff firm groups, represent thousands of clients suing Gilead Life Sciences, Inc. for marketing HIV medication it had to know was more dangerous than medication it had simultaneously developed. The Court upheld the trial court’s ruling that Gilead could be taken to trial on a theory of negligence, a claim which Gilead sought to remove from the case via summary judgement.
The Court carefully and repeatedly rejected Gilead’s mischaracterization of plaintiffs’ negligence claim and specifically rejected the notion that liability associated with the use of a product requires said product to be defective. It ruled that “although moral blame ‘can be difficult to assess in the absence of a factual record,’ we conclude based on the considerations above that negligence in a decision that deprives people of a safer drug and leaves them reliant on a more dangerous drug is morally blameworthy.” (Internal cites omitted). It added that manufacturers are “simply [required] to act with reasonable care for the users of the existing drug when the manufacturer has developed an alternative that it knows is safer and at least equally efficacious.”
As the Gilead Tenofovir Cases move forward, CGL is exited to continue the fight to get justice for our clients.
Amanda Lewis Quoted in ‘Inside US Trade’
CGL’s Amanda Lewis is quoted in Inside US Trade’s coverage of a press briefing organized by Rethink Trade, attended by Rep. Jan Schakowsky (D-IL) on Jan 10th.
Schakowsky, ranking member of the House Energy and Commerce innovation, data and commerce subcommittee, praised the move by the Office of the U.S. Trade Representative last year to withdraw U.S. support from proposals on data flows, data localization, source code and nondiscrimination in the plurilateral World Trade Organization negotiations on e-commerce.
Countering the opposition this decision has drawn from large business groups, and some members of Congress, who argue that such rules are integral to how businesses operate, Ms Lewis notes that members of ROCC, the coalition she founded to protect online sellers, rely on Amazon or other large e-commerce platforms for their businesses and, accordingly, support provisions that enforce “fair play”.
Cuneo Gilbert & LaDuca, LLP Adds Slade Bond, Former TOP Antitrust Staffer and Senior DOJ Official, To Lead Its Public Policy and Legislative Affairs Practice
WASHINGTON, DC — Cuneo Gilbert & LaDuca, LLP has welcomed Slade Bond to lead the firm’s expanded public policy practice as Chair of Public Policy and Legislative Affairs. A former senior official at the Department of Justice (DOJ) and Capitol Hill veteran, he has spent more than a decade serving at the highest levels of government. Slade managed legislative strategy on high-stakes policy for the DOJ, where he served as Principal Deputy Assistant Attorney General for Legislative Affairs, and broke new ground on competition policy as Chief Counsel of the Antitrust Subcommittee in the U.S. House of Representatives.
At the firm, he will leverage his experience at the highest levels of the Executive and Legislative Branches of the U.S. Government to counsel clients on a range of matters, including competition, consumer protection, and access to justice.
“Slade Bond is known for his effectiveness and ability to work across the aisle. His robust experience and deep understanding of Congress and the Executive Branch will make him invaluable to our clients and policy work,” said Charles J. LaDuca, Firm Chairman, Cuneo Gilbert & LaDuca, LLP.
Pamela Gilbert, a named partner in Cuneo Gilbert & LaDuca, LLP, added: “Over the course of his career, Slade Bond has fought relentlessly to safeguard economic freedom, access to justice, and protect consumers. He will continue this critical work by strengthening the firm’s unique ability to provide counsel on high-stakes matters before Congress and the Executive Branch as the Chair of the firm’s newly formed Public Policy and Legislative Affairs practice.”
“I am absolutely thrilled to join Cuneo Gilbert & LaDuca. Since its founding by Jonathan Cuneo—a personal hero of mine and predecessor on the House Antitrust Subcommittee who stood up to powerful corporations throughout his career—CGL has built a strong reputation for its excellence and values,” Slade Bond said. “I look forward to working with my outstanding colleagues to help advance the policy, litigation, and regulatory priorities of the firm’s clients.
In recognition of Slade’s service to the House of Representatives, former House Judiciary Committee Chairman Jerrold Nadler (D-NY) and Subcommittee Chairman David N. Cicilline (D-RI) applauded “his tireless work ethic, acute attention to detail, impeccable work product, and enthusiasm for the mission of the Committee to ensure economic justice for American consumers, workers, and small businesses.” They also recognized his “well-earned reputation for his excellent work with Members and staff from both parties, in both the House and the Senate, to shepherd important bills into law.” Representative Ken Buck (R-CO), the former Ranking Member of the House Antitrust Subcommittee, likewise recognized his “tireless work on behalf of the American people” alongside his Republican colleagues.
Partner Amanda Lewis Files Amicus Brief in FuboTV’s Antitrust Case Against Disney, Fox, and Warner Bros
Earlier this week, Cuneo Gilbert & LaDuca Partner Amanda Lewis filed an amicus brief on behalf of a coalition of consumer advocacy and public interest groups including Sports Fans Coalition, the American Antitrust Institute, American Economic Liberties Project, the Center for Democracy & Technology, the Electronic Frontier Foundation, Public Knowledge, National Consumers League, and Open Markets Institute in support of FuboTV’s antitrust case against Disney, Fox, and Warner Bros. Fubo’s case challenges the Defendants’ proposed new live sports streaming joint venture, Venu Sports, arguing that it would create a de facto monopoly. The brief argues that upholding the lower court’s preliminary injunction order blocking the joint venture, “is the only way to ensure consumer access to new products and services that sports fans want without subjecting them to a monopolist’s unchecked power over pricing and terms.”
FuboTV secured a preliminary injunction in August to block the joint venture, but the Defendants appealed the decision. The appeal is now pending in the Second Circuit Court of Appeals.
Fubo Amicus FiledPartner Amanda Lewis spoke to The Athletic about how the U.S. election could shape the future of the PGA Tour
The upcoming 2024 U.S. presidential election could significantly shape the future of professional golf, specifically the PGA Tour, Saudi Arabia’s Public Investment Fund and the DP World Tour merger.
In an interview with The Athletic, Amanda G. Lewis, a partner at Cuneo Gilbert & LaDuca, discussed how the Department of Justice’s antitrust review of the merger might shift depending on whether the administration is led by Vice President Kamala Harris or Former President Donald Trump. The DOJ’s antitrust enforcement priorities are influenced by the executive branch, and each administration could bring a different approach.
“I think the chances of the merger going through increase quite a bit under a Trump administration,” Lewis told The Athletic.
The framework agreement, announced in June 2023, aims to unify men’s professional golf under a new for-profit LLC, with the Saudi sovereign wealth fund injecting over $1 billion while the tour maintains control. The merger has the potential to reshape the industry, but it is far from a done deal as it raises significant competition concerns.
Learn more here: https://www.nytimes.com/athletic/5867160/2024/10/24/us-presidential-election-pga-tour-pif-golf/
Cuneo Gilbert & LaDuca Honored with AAI 2024 Antitrust Enforcement Award
The American Antitrust Institute has announced its 2024 Antitrust Enforcement Award honorees, recognizing leading practitioners and economists in the field. Cuneo Gilbert & LaDuca received the award for “Outstanding Antitrust Litigation Achievement in Private Litigation” for their exceptional work on the Fusion Elite All Stars, et al. v. Varsity Brands, LLC case. This recognition highlights our dedication to fair competition, having represented gyms and parents nationwide who faced inflated fees for All Star Cheer competitions and apparel.
Learn more about the award and the other honorees here.
New Battleground State Poll Shows Voters Overwhelmingly Support Antitrust Enforcement
(Washington, DC) New presidential and Senate battleground state polling by Lake Research Partners, in partnership with the American Antitrust Institute (AAI) and the Committee to Support the Antitrust Laws (COSAL), shows that voters across partisan lines overwhelmingly support strong antitrust enforcement and government supervision of powerful corporations. The poll was conducted across Arizona, Georgia, Michigan, Nevada, North Carolina, Ohio, Pennsylvania, and Wisconsin. These are the seven presidential battleground states, plus Ohio, a battleground for control of the Senate and home to three hotly contested congressional races.
Major conservative and libertarian think tanks and political donors, including from the tech industry and Wall Street, have been attacking the robust antitrust enforcement and corporate regulatory policies of the Biden-Harris administration, but this poll demonstrates that the public disagrees, and that voters’ anti-monopoly and pro-competition sentiments impact their voting decisions.
“This poll shows that voters understand that big corporations that abuse their market power are harming the quality of life for the rest of us and we need to do more to hold them accountable,” said Pamela Gilbert, COSAL Legislative Counsel. “Public officials should pay attention and do more to strengthen public and private antitrust enforcement.”
Key Findings
- Sixty-seven percent of voters agree (49% strongly agree) that “One of the biggest problems facing America today is that a handful of corporations have too much power and government is doing too little to hold them accountable.”
- Seventy-one percent of voters agree (56% strongly agree) that “Today, a handful of enormous, economically powerful corporations wield a massive amount of influence over the quality of our lives with almost no accountability or transparency to the public.” Overwhelming majorities of voters hold negative views toward anticompetitive conduct by firms with market power.
- Voters hold very negative views of monopolization.
- Voters hold very negative views of price-fixing and exclusionary conduct. Voters hold very negative views of concentrative mergers.
- Voters believe that firms with market power operate without transparency.
- Voters are concerned about firms with market power “driving out competition,” “price gouging,” and hurting consumers and small business.
- Voters are very favorable toward both government enforcement of the antitrust laws and private enforcement of the antitrust laws on behalf of victims.
- Seventy-eight percent favor (59% strongly favor) allowing small businesses and customers to sue for damages when firms engage in anticompetitive conduct. ○ Voters support “lawsuits” and “class action lawsuits” to hold firms with market power accountable for anticompetitive behavior.
- This is not a partisan view; it’s a consensus view that transcends political and personal divides and impacts voting behavior.
- A majority of battleground voters consider antitrust enforcement a central criterion in their voting decisions.
“These data are remarkable,” said AAI President Randy Stutz. “Strong antitrust enforcement is not just good policy; it’s also good politics, whether you’re a Democratic or a Republican.”
Read the full slide deck LRP Antitrust Deck f 10.21.24 (1).
We’re proud to support the D.C. Access to Justice Commission and be recognized by the Raising the Bar in DC campaign for our financial support to DC legal services organizations.
LAW 360: DC Firms Honored For Local Legal Services Donations
About the Raising the Bar in D.C.Campaign
To meet the urgent need for increased funding for legal services, the D.C. Access to Justice Commission formally launched the Raising the Bar in D.C. Campaign in December 2010, with the endorsement of the D.C. Bar Foundation and the D.C. Bar. The Campaign’s goal is to substantially increase financial support to the District’s legal services community by establishing benchmarks for law firm giving and annually recognizing and celebrating those firms that have donated at benchmark levels.
The campaign is critical to addressing the civil legal needs of D.C.’s most vulnerable communities, helping ensure low-income neighbors facing life-altering events such as eviction, the loss of public benefits, domestic abuse, and consumer fraud have access to free, expert legal assistance.
D.C. Access To Justice Commission
Cuneo Gilbert & LaDuca is actively investigating the recent data breach incident at J.P. Morgan.
We understand the potential impact of this event on those affected and are committed to providing necessary legal assistance.
**If you believe you have been affected by the data breach, please take the following steps:**
1. **Contact Us:** Reach out to our Data Breach Law Department for support and guidance.
2. **Email:** Send your inquiries and concerns to **hello@cuneolaw.com**. Please include any relevant details that may assist us in understanding your situation better.
We are dedicated to addressing your concerns promptly and thoroughly. Thank you for your attention to this matter.
CGL Files Globally Significant Class Action RICO Case Against Lebanese Banks
CGL along with co-counsel, has filed a first-of-its kind RICO case in the U.S. District Court for the District of New Jersey to right the wrongs caused by the Lebanese Banking Enterprise, a collection of Lebanese banks that systematically defrauded thousands of U.S. citizens and residents.
“We pride ourselves on fighting for our clients, no matter the opponent. Our clients find themselves under attack by the very fiduciaries that are mandated to safeguard their livelihoods, and we take that very seriously,” says Charles LaDuca, Chairman of Cuneo Gilbert & LaDuca. “Lives were destroyed by the Lebanese banks’ actions. We intend to advocate aggressively for our clients, and filing this first-of-its kind case is just the first step towards justice.”
View Current Case: Class Action RICO Case Against Lebanese Banks
Watch Amanda Lewis on Bloomberg Markets Close: Apple To Be In Long Battle With DOJ
CGL’s Amanda Lewis analyzed the DOJ case against Apple: “This case really is the capstone.. of the Biden Administration’s efforts to enforce antitrust law when it comes to Big Tech.” Ms Lewis believes that the case has “the potential to… unlock a huge amount of competition… when it comes to the smartphone ecosystem.”
CGL’s JD Scholten, who is also an Iowa state representative, organized a letter from all 36 Iowa Democratic state lawmakers to the FTC and DOJ asking for a review of Koch Industries’ plans to purchase a fertilizer plant in the state.
Lawmakers are highlighting potential harm to workers from Koch Industries Inc.‘s $3.6 billion acquisition of a fertilizer plant, and calling upon the Federal Trade Commission, the Justice Department, and Iowa Attorney General Brenna Bird (R) to examine how the purchase could further entrench Koch’s market power, posing the risk of not only higher fertilizer prices but also job losses.
Consolidation in agriculture is “squeezing farmers, it’s suppressing workers, and consumers are having to pay the most they ever have for groceries,” said Iowa State Rep. J.D. Scholten (D), who spearheaded a letter to the agencies on Feb. 5. “We as a society need to start judging some of these mergers.”
California Court of Appeals Rejects Gilead’s Mischaracterization of Plaintiffs’ Negligence Claim
An important decision was reached on January 9, 2024 by the California Court of Appeal in Gilead Tenofovir Cases, in which Cuneo Gilbert & LaDuca, LLP, along with its partner firms and other plaintiff firm groups, represent thousands of clients suing Gilead Life Sciences, Inc. for marketing HIV medication it had to know was more dangerous than medication it had simultaneously developed. The Court upheld the trial court’s ruling that Gilead could be taken to trial on a theory of negligence, a claim which Gilead sought to remove from the case via summary judgement.
The Court carefully and repeatedly rejected Gilead’s mischaracterization of plaintiffs’ negligence claim and specifically rejected the notion that liability associated with the use of a product requires said product to be defective. It ruled that “although moral blame ‘can be difficult to assess in the absence of a factual record,’ we conclude based on the considerations above that negligence in a decision that deprives people of a safer drug and leaves them reliant on a more dangerous drug is morally blameworthy.” (Internal cites omitted). It added that manufacturers are “simply [required] to act with reasonable care for the users of the existing drug when the manufacturer has developed an alternative that it knows is safer and at least equally efficacious.”
As the Gilead Tenofovir Cases move forward, CGL is exited to continue the fight to get justice for our clients.
Amanda Lewis Quoted in ‘Inside US Trade’
CGL’s Amanda Lewis is quoted in Inside US Trade’s coverage of a press briefing organized by Rethink Trade, attended by Rep. Jan Schakowsky (D-IL) on Jan 10th.
Schakowsky, ranking member of the House Energy and Commerce innovation, data and commerce subcommittee, praised the move by the Office of the U.S. Trade Representative last year to withdraw U.S. support from proposals on data flows, data localization, source code and nondiscrimination in the plurilateral World Trade Organization negotiations on e-commerce.
Countering the opposition this decision has drawn from large business groups, and some members of Congress, who argue that such rules are integral to how businesses operate, Ms Lewis notes that members of ROCC, the coalition she founded to protect online sellers, rely on Amazon or other large e-commerce platforms for their businesses and, accordingly, support provisions that enforce “fair play”.
Forbes & Fortune Magazine: A Distinctive Approach
Cuneo Gilbert & LaDuca is to be featured in Forbes & Fortune Magazine this February. Firm Chairman, Charles LaDuca highlights some of the firm’s most high profile cases, including Joe Camel, and Enron and identifies the distinctive “civility and grit” that allows us to succeed against “powerful opponents”, that include some of the largest U.S corporations. “We pride ourselves on being unrelentingly civil in our dealings, deeply persuasive in our arguments, and stubbornly tenacious in our work ethic,” LaDuca says. “We love fighting on for our clients, both in court and on Capitol Hill.”
Amanda Lewis Quoted In Politico: “Four things we just learned from the (un)redactions in the FTC’s Amazon lawsuit”
Amanda Lewis is quoted in Josh Sisco’s analysis of the FTC complaint against Amazon after a new version was filed. “When the FTC filed its sprawling antitrust lawsuit against Amazon in September, more than a third of it was redacted, making the 172-page complaint a quick read. A new version was filed Thursday, with far fewer black lines”.
CGL Lawyers Among AAI Antitrust Enforcement Awards 2023 Honorees
Pamela Gilbert was inducted into the AAI Hall of Fame.
Blaine Finley, Joel Davidow, and the late Jonathan Cuneo were recognized in the category ‘Outstanding antitrust litigation achievement in private practice law’ for their work on Olean Wholesale Foods Inc. v. Bumble Bee Foods Inc.
Pamela Gilbert quoted In National Consumers League article applauding the CPSC’s vote on a historic table saw safety rule.
Pamela Gilbert was quoted In National Consumers League article applauding the US Consumer Product Safety Commission’s historic safety ruling that would impose a mandatory safety standard for electric table saws, which cause 50,000 partial or full amputations each year.
“The technology to almost entirely do away with serious injuries from table saws has been available for over two decades. Members of the power tool industry, sadly, have resisted safer designs despite many opportunities to do so,” said Gilbert. “The delay has led to hundreds of thousands of permanent, debilitating injuries that could have been prevented. It’s time for the industry to step up and do the right thing for their customers.”
CGL listed as a leading law firm in three categories in the Antitrust Annual Report
Cuneo Gilbert & LaDuca LLP continues to be one of the top antitrust law firms in the country, and is ranked among the leading firms in three categories:
- Top 50 Cases with Settlements Reaching Final Approval 2009-2022
- Top 25 Lead Counsel in Complaints Filed
- Top 25 Lead Counsel in Number of Settlements
PDF of Antitrust Annual Report
Final Approval Granted for Settlement in Fusion Elite All Stars et al. v. Varsity Brands, LLC
On October 4, 2023, Chief Judge Sheryl H. Lipman of the Western District of Tennessee granted final approval of the settlement reached in Fusion Elite All Stars et al. v. Varsity Brands, LLC et al., Case No. 2:20-cv-02600-SHL-cgc (W.D. Tenn.). The settlement achieves monetary relief of $43.5 million, along with significant structural reforms to Varsity Defendants’ and Defendant USASF’s practices. The lawsuit involved allegations that the Varsity Defendants monopolized the All Star Cheer competition market and conspired with Defendant USASF to achieve that monopoly. The settlement will reimburse classes consisting of All Star gyms who attended Varsity’s competitions, and spectators at Varsity’s All Star competitions, all over the country. The settlement had no objectors. The Court found that notice was successful, that the allocation plan was fair and reasonable and that the settlement met the Rule 23(e)(2) factors. In granting final approval of the settlement Chief Judge Lipman commented that:
“There is no question as to the skill and efficiency of Class Counsel for the DPPs have demonstrated their experience and capability in prosecuting antitrust class actions; they have dedicated millions of dollars and spent a significant amount of time in and out of the courtroom litigating on behalf of the proposed Settlement Classes for nearly three years. All attorneys have handled matters with extreme professionalism, expediency, and competency”.
The Court also certified the Gym and Spectator settlement classes and certified Cuneo Gilbert & LaDuca, LLP, Berger Montague PC and Dicello Levitt LLP as Co-Lead Counsel for the Settlement Classes. CGL takes great pride in the resolution of this hard-fought case.
Amanda Lewis on The Intercept Deconstructed – The Feds Take Big Tech To Court
CGL’s Amanda Lewis appeared on the Deconstructed Podcast with The Intercepts’s Ryan Grim. The episode breaks down the antitrust lawsuits the federal government has brought against Google and Amazon, and the anticompetitive monopolistic practices on trial. In Grim’s words “It was years in the making, but the showdown over corporate power is now underway”.
The Intercept: The Feds Take Big Tech To Court
The Intercept: Amazon & Google Are Finally Facing The Music
Case Update: Gilead
Plaintiffs in our sister case at the federal level survived summary judgment, with the court declining to rule out most of the claims brought. Design defect claims for plaintiffs in 41 states survived both preemption and summary judgment, with another two to be ruled on. Claims regarding negligence pre-approval failures to warn also survived, along with associated implied warranty and consumer protection statute actions. While this ruling does not directly affect the California-state case CGL and its partners are litigating, the decision complements the motion for summary judgment that plaintiffs won on the state level (which Gilead is currently appealing) and is another indication of the strength of plaintiffs’ position in these litigations.
American Antitrust Institute Announces Pamela Gilbert as 2023 Private Antitrust Enforcement Hall of Fame Inductee
The American Antitrust Institute (AAI) has announced Pamela Gilbert as the 2023 inductee to the Private Antitrust Enforcement Hall of Fame. She will be honored at AAI’s Private Antitrust Enforcement Conference Luncheon at 12:30 pm on November 2, 2023 in Washington, DC. Former Federal Trade Commission Chairman Jon Leibowitz and Lieff Cabraser’s Lin Y. Chan will introduce Gilbert as part of the Hall of Fame induction.
The AAI noted that “Gilbert is one of the leading advocates for strong enforcement of the antitrust laws in Washington, DC where she works to preserve access to the civil justice system for both individuals and businesses. She represents a wide variety of clients before Congress, the executive branch, and regulatory agencies.”
“Pam has probably done more than anyone else in the country working behind the scenes to strengthen and protect enforcement of the antitrust laws,” said Joshua P. Davis, a shareholder at Berger Montague and Research Professor at UC Law San Francisco. “No one else could be simultaneously so relentless and so delightful. Everyone welcomes the chance to talk to her. That has made her uniquely effective in getting legislators to protect our free markets and champion the ordinary people who struggle every day to buy food and medicines and to earn a living wage. We are all deeply in debt to her resolve, charm, and deft touch.”
Watch Amanda Lewis on Bloomberg Markets Close: FTC Sues Amazon
CGL’s Amanda Lewis analyses the Federal Trade Commission’s case against Amazon, arguing that the FTC is on “strong ground”, with the case focussing on harm caused to consumers, a traditional approach to anti-trust law.
Cuneo Gilbert & LaDuca, LLP (CGL) is pleased to announce that Michael J. Flannery and A. Blaine Finley are new partners in our growing law practice.
“As we mourn the recent loss of our founding partner, Jonathan W. Cuneo, we continue to follow his blueprint for growing our firm,” said Charles J. LaDuca, Chairman of the Washington, DC-based law firm. “Mike and Blaine have been successfully fighting for our clients’ interests for a number of years and deeply deserve to join our partnership.”
Michael J. Flannery joined CGL in 2012 and has forcefully litigated cases spanning a wide range of the firm’s practice areas. Mike and his teams have recovered more than one billion dollars for unfairly treated workers, consumers of defective products, and victims of securities and other frauds.
Blaine Finley joined CGL in 2016 and focuses his practice on plaintiff side antitrust class action lawsuits. Among others, he is prosecuting cases alleging price fixing and other horizontal anticompetitive conduct in the packaged seafood, pork, turkey, beef and fragrance product markets. Blaine and his team have recovered in excess of $50 million on behalf of a certified class of restaurants and other small businesses in his ongoing pork antitrust matter. Asserted treble damages in his ongoing cases exceed one billion dollars.
With profound regret, CGL announces the passing of founding partner Jonathan W. Cuneo.
“Throughout his career, Jon advanced and defended the rights of consumers, investors, small businesses and others aggrieved by powerful parties or institutions and that mission continues,” said Charles J. LaDuca, Chairman of the Washington, DC based law firm and a leading litigator
of class action lawsuits on behalf of consumers and homeowners harmed by defective products and materials.
Early in his career, with his Columbia University BA and Cornell University JD, Jon clerked for Judge Edward Tamm of the U.S. District Court of Appeals for the District of Columbia, a leading force in the protection of defendants’ rights. Next, Jon served as a Federal Trade Commission attorney and, then, counsel to the U.S. House Judiciary Committee under legendary chairman Peter Rodino (D-NJ). As he developed his private practice founded in 1988, Jon was Washington Counsel on several ground-breaking civil actions including one of the first against “big tobacco” and the largest securities fraud case to-date.
In the “Joe Camel” case, argued in California state courts and successfully settled in 1997, Jon and the litigation team revealed that the R.J. Reynolds Tobacco Company’s advertising campaign was specifically targeting underage children with its promotional cartoon character. For his role, Congressman Henry Waxman (D-CA) called Jon a “real American hero.”
On behalf of thousands of defrauded investors in Enron Corp., Jon and the litigation team recovered more than $7 billion in federal court in 2009. It remains the largest settlement of its kind.
As Jon’s firm grew to become CGL, in one of its most noteworthy cases as lead counsel, it represented Hungarian Holocaust survivors seeking restitution and an accounting from the U.S. Government for personal property seized from the Jewish community by the Hungarian Nazi government and shipped toward Germany on the “Gold Train” during the closing days of World War II. Intercepted by U.S. Army units in Austria, the train was looted. Following five years of litigation, CGL recovered $25.5 million in 2005 from the U.S. Government and won an apology for the conduct of the U.S. Army from the George W. Bush Administration.
“In addition to CGL, Jon co-founded the Committee to Support Antitrust Laws, the American Antitrust Institute and the National Association of Shareholder and Consumer Attorneys, reflecting his devotion to protecting and strengthening rights to a fair and competitive marketplace,” explained Pamela Gilbert, CGL partner and a well-known consumer rights proponent and government affairs counselor. “Jon’s roles as a leader in the bar and a role model for younger lawyers cements a legacy that will last for decades to come.”
“Although Jon will be sorely missed, we carry on with his work as he wished,” CGL chairman LaDuca added. “To honor Jon’s unique achievements and legacy, our firm’s name will remain unchanged,”
Washington Post: Jonathan Cuneo, antitrust lawyer who fought for consumers, dies at 70.
Message from Firm Chairman
With profound sadness, I regret to report that early this morning our dear colleague, friend and mentor to many, Jon Cuneo, passed away at his home in Martha’s Vineyard.
Jon was in comfort. Jon was not in pain, and was with his family.
Jon fought his cancer battle with the resilience, stubbornness and courage that defined him.
We will all miss him dearly.
If you have any questions, please reach out to Pam Gilbert or myself.
With my deepest condolences,
Charles LaDuca
LET’S WORK TOGETHER
CGL is currently engaged in dozens of cases from product defect class actions to antitrust litigation to civil rights advocacy.
If you feel we could represent you in any of our current cases or in a new case, we would love to hear from you.