FacultyFaculty/Author Profile
Douglas F. Broder

Douglas F. Broder

K&L GATES
Partner
New York, NY, USA


Mr. Broder, a former chair of the firm’s antitrust practice group, has practiced for nearly 40 years in federal and state courts throughout the United States and abroad. His practice includes litigating antitrust matters, including criminal matters, as well as a wide variety of commercial matters for national and international clients in numerous industries. Mr. Broder also assists clients in obtaining antitrust clearance for mergers, acquisitions and joint ventures and provides antitrust compliance counseling to major corporations and trade associations.

Mr. Broder has an extensive appellate practice and has had primary responsibility for more than 45 appeals to the U.S. Court of Appeals for the Second Circuit alone.

Recently, Mr. Broder was lead antitrust attorney on the trial team that secured a groundbreaking antitrust jury verdict for Continuant, Inc./Telecom Labs, Inc. (TLI), an independent provider of maintenance services for telephone equipment, in the U.S. District Court for the District of New Jersey. Following a six-and-a-half month trial, a New Jersey federal jury returned a $20 million antitrust verdict (which was automatically trebled to $60 million) in favor of the client. (Avaya Inc. v. Telecom Labs Inc. et al.) The case was the first antitrust claim of its type (single product aftermarket) to make it to trial and to a successful verdict since the plaintiffs in Eastman Kodak v. Image Technical Services tried their case to verdict after the Supreme Court first recognized this type of claim in 1992. In a subsequent landmark ruling, the New Jersey federal court awarded TLI $2.6 million in prejudgment interest. This is the first time in history prejudgment interest has been awarded in a federal antitrust lawsuit.

Mr. Broder recently completed the third edition of his book, U.S. Antitrust Law and Enforcement: A Practice Introduction, (Oxford University Press, 3d ed. 2016).  He also  authored: A Guide to U.S. Antitrust Law (Sweet & Maxwell, London, 2005); and Antitrust Law Desk Book (Aspen Law & Business, New York, 2001).  Mr. Broder authored a chapter in Inside the Minds: Antitrust Laws (Aspatore Press, 2005) and was the principal editor of, and a contributing author to, International Joint Ventures (Professional Information Publishing, Ltd., 1996).  Mr. Broder has published numerous articles on antitrust, legal writing, and written advocacy and is a member of the editorial board of, and the U.S. law reporter for, the monthly European Competition Law Review.

PROFESSIONAL  BACKGROUND

Prior to joining K&L Gates, Mr. Broder was a partner in the New York office of a major international law firm, where he headed the firm’s antitrust practice.

PRESENTATIONS

Mr. Broder has presented numerous talks and continuing legal education seminars on antitrust/competition law topics and on effective brief writing and appellate advocacy.

PUBLICATIONS

Federal Judge Enjoins NCAA Player Likeness Rules as Illegal Price Fixing, Antitrust Competition & Trade Regulation Alert, 12 August 2014

NJ Avaya Ruling Reminds Us That Kodak Is Alive And Well, Law 360, 19 May 2014

Kodak Lives: New Jersey Jury Finds Antitrust Violation in the Aftermarkets for Maintenance of Avaya Products, Antitrust, Competition and Trade Regulation, 13 May 2014

Co-author, Vertical Price Fixing in the United States — Who’s in Charge?, European Competition Law Review, April 2013

U.S. Antitrust Law and Enforcement: A Practice Introduction, 2010

Prison for Due Diligence Disclosures? (Bei Austausch von Informationen droht Gefängnis), Frankfurter Allgemeine Zeitung, Nr. 71, p. 23, March 25, 2009

Persuasive Brief Writing in Antitrust Cases: How to Win the Paper War, ABA Section of Litigation Journal, May 2008

International Enforcement, 2008: The Long Arm of US Criminal and Regulatory Law, presented via webinar, December 7, 2007

A Guide to US Antitrust Law, May 2005

The Role of Counsel in Antitrust Law, chapter from Inside the Minds: Antitrust Laws - Leading Lawyers Offer Winning Legal Strategies for Interpreting & Analyzing Antitrust Regulations, Spring 2005

PROFESSIONAL/CIVIC  ACTIVITIES

Pro Bono Panel, United States Court of Appeals for the Second Circuit, 1982-present American Bar Association (Antitrust and International Law Sections)

Association of the Bar of the City of New York (Antitrust and Trade Regulation Committee) International Bar Association (Competition Law Section)

Rated AV® Preeminent™ by Martindale-Hubbell® and named a2012 Top Rated Lawyer® in Appellate Law

Recognized by peers since 2007 as New York SuperLawyer in the areas of antitrust litigation, business litigation and appellate litigation

Listed: Who’s Who in the World, Who’s Who in America, Who’s Who in American Law, Who’s Who in the East

ADMISSIONS

Bar of New York

Supreme Court of the United States

United States Court of Appeals for the Fourth Circuit United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the Second Circuit United States Court of Appeals for the Sixth Circuit

United States District Court for the Eastern District of Michigan United States District Court for the Eastern District of New York United States District Court for the Southern District of New York United States Tax Court

EDUCATION

J.D., Boston University School of Law, 1977, (cum laude; Editor, Boston University Law Review)

B.A., Vassar College, 1970

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