October 22nd, 2024|

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

  1. 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.”
  2. 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.
  3. 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.
  4.  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).

June 13th, 2024|

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

 

May 15th, 2024|

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.

April 16th, 2024|

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

March 26th, 2024|

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.”

February 12th, 2024|

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.”

Link to Bloomberg Article

pdf of Article

January 12th, 2024|

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.

January 11th, 2024|

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”.

Link to full article

pdf of article

December 2nd, 2023|

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.”

AS SEEN IN : Forbes & Fortune Magazine

 

November 2nd, 2023|

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”.

Link to full article

November 2nd, 2023|

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.

AAI Announcement 

October 21st, 2023|

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.”

Link to full article

 

October 22nd, 2024|

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

  1. 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.”
  2. 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.
  3. 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.
  4.  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).

June 13th, 2024|

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

 

May 15th, 2024|

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.

April 16th, 2024|

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

March 26th, 2024|

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.”

February 12th, 2024|

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.”

Link to Bloomberg Article

pdf of Article

January 12th, 2024|

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.

January 11th, 2024|

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”.

Link to full article

pdf of article

December 2nd, 2023|

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.”

AS SEEN IN : Forbes & Fortune Magazine

 

November 2nd, 2023|

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”.

Link to full article

November 2nd, 2023|

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.

AAI Announcement 

October 21st, 2023|

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.”

Link to full article

 

October 13th, 2023|

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

 

October 11th, 2023|

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.

October 2nd, 2023|

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

Listen Here

 

September 29th, 2023|

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.

September 27th, 2023|

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.”

Link to AAI Website

 

September 26th, 2023|

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.

 

August 8th, 2023|

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.

Full Press Release

 

 

 

 

 

July 28th, 2023|

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.

Full Press Release

 

July 26th, 2023|

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

July 20th, 2023|

Amanda Lewis Quoted in CTFN Analysis: “With FTC challenge of ACI/KR likely, various theories of harm possible”

Amanda Lewis is quoted in Alex Wilt’s analysis of the FTC’s likely challenge of Kroger’s proposed acquisition of Albertsons, the agency appears poised to raise theories of harm that it traditionally has not pursued in previous supermarket merger cases.

June 2nd, 2023|

CGL supports the Raising The Bar campaign, providing essential legal services to the D.C. Area

Civil legal services are essential for District residents. That’s why 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.

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.

Letter of recognition of support

Raising The Bar Website

May 27th, 2023|

Jonathan Cuneo testifies before the Maine Legislature Judiciary Committee on Bill addressing marketing of firearms to minors

On May 17 2023, Jonathan Cuneo appeared before the Maine Legislature to give testimony on H.P 1085, An Act to Create a Civil Cause of Action for Persons Suffering Damages Arising from the Sale of Abnormally Dangerous Firearms.

Citing his experience successfully litigating youth targeting in the case of Joe Camel, and the role that civil litigation can play in clearing the way for legislation, Cuneo urged the Committee to ‘look favorably on this provision of the Bill’.

Link to pdf of full testimony

 

May 22nd, 2023|

Defendants’ Motion for Summary Judgment on Foreign Commerce Denied in Hard Disk Drive Suspension Assemblies Antitrust Litigation

On May 22, 2023, Judge Chesney denied in full Defendants NHK’s and TDK’s Motion for Partial Summary Judgment Regarding Foreign Commerce, which sought dismissal of nearly all of the Class Plaintiffs’ claims, based on the Foreign Trade Antitrust Improvements Act (“FTAIA”), the dormant Commerce Clause and a number of the state statutes pursuant to which Plaintiffs sought damages. Defendants argued that Class Plaintiffs’ claims were barred because the Suspension Assemblies at issue were initially sold abroad and not shipped to the U.S. by Defendants, and thus constituted foreign commerce. Defendants also argued that the state laws under which Class Plaintiffs sought damages did not extend to the sales of Defendants’ Suspension Assemblies, or conduct outside of those particular states. The Court rejected these arguments finding that Plaintiffs’ claims were not barred under the FTAIA, and were cognizable under the state laws.

Order Denying Motion for Summary Judgment on FTAIA

Hard Disk Drive Suspension Assemblies Antitrust Litigation

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.