Current Employment Position(s)

Partner

Lawyer Overview

A partner in the Litigation Department and member of the firm's Management Committee, Ken Gallo has substantial trial experience in antitrust, patent and major commercial disputes. He has tried cases involving the banking and payments industries, computer hardware and software products, medical and telecommunications equipment, commercial real estate and biotechnology products.

Mr. Gallo regularly represents clients in private and government antitrust matters, including claims related to alleged monopolization, tying, mergers and acquisitions, cartels and the interplay between the antitrust and intellectual property laws. He has been recognized as one of America's top antitrust, patent and commercial litigators by various publications including Chambers, Benchmark/Institutional Investor, Best Lawyers in America and The National Law Journal.

Some of his recent matters include:

• MasterCard, Inc. Antitrust Matters - for the past decade, Mr. Gallo has represented MasterCard in a series of government and private antitrust actions. He has defended the company in civil investigations and lawsuits brought by the United States; in private suits brought by competitors under the Sherman Act for alleged exclusive dealing and group boycotts; against merchant complaints of alleged illegal tying and price fixing; and against claims brought by indirect purchasers in over twenty states.
• Genentech, Inc./Lucentis Litigation - represented Genentech in federal jury trial against $1.2-billion unjust enrichment and fraud claims related to the development of medicine to treat blindness.
• Cartel Matters – represented U.S. and foreign companies from a variety of industries in DOJ price fixing investigations, including a major Japanese electronics corporation in an investigation of cartel activity related to liquid crystal display units, a U.S. corporation in an international investigation of the transportation industry, and a large European carbon manufacturer in a worldwide price fixing investigation.
• Telecommunications Patent Litigation - represented major European electronics company in jury trial on patent, copyright and trade secret claims related to telecommunications hardware and software products.
• AIG, Inc./Commercial Insurance Class Action Litigation - currently defending AIG against antitrust and RICO claims brought by a putative class of commercial insureds alleging bid-rigging and improper use of contingent broker commissions.
• BASF Corporation – defended BASF against patent infringement claims by Chevron Phillips Chemical related to block co-polymers. Also represented BASF in litigation against a competitor to enforce a covenant not to compete and enjoin the disclosure of trade secret information.
• Genentech, Inc./Glaxo - assisted in jury trial representation of Genentech against patent infringement claims related to oncology care products, Herceptin and Rituxan.
• Automotive Technology Patent Litigation - defended automotive manufacturers and their suppliers in the trial court and Federal Circuit against patent infringement claims related to side impact air bag sensors.
• Magazine Publishers Antitrust Litigation - represented major publisher in class action litigation alleging price fixing of magazine subscriptions.
• New Venture Gear/Patent Litigation - represented automotive industry joint venture against patent infringement claims related to on-demand four-wheel drive systems.
• Electronics Aftermarket Antitrust Litigation - represented major European electronics company against a series of Kodak theory antitrust class actions related to telecommunications, cellular telephone, and high-speed copying and printing equipment.

Areas of Practice

• Antitrust
• Intellectual Property
• Litigation
• Patent & Other Scientific Litigation
• Bankruptcy & Corporate Reorganization
• Employment
• Environmental
• Financial Institutions
• Insurance
• Intellectual Property Litigation
• Internal Investigations
• International Arbitration
• Mergers & Acquisitions
• Patent & Other Scientific Litigation
• Product Liability
• Securities Litigation
• Tax
• White Collar Crime & Regulatory Defense

Bar Admissions

• New York
• District of Columbia
• U.S. Court of Appeals Federal Circuit
• U.S. Court of Appeals 2nd Circuit
• U.S. Court of Appeals 3rd Circuit
• U.S. Court of Appeals 11th Circuit
• U.S. Court of Appeals District of Columbia Circuit
• U.S. District Court of the District of Columbia
• U.S. District Court Southern District of New York

Honors and Awards

• "Winning" Litigator by The National Law Journal
• One of America's Top Antitrust, Patent and Commercial Litigators by Various Publications Including Chambers, Benchmark/Institutional Investor, Best Lawyers in America and The National Law Journal

Past Employment Positions

• Hon. George L. Hart, Jr., U.S. District Court, District of Columbia, Clerk

Education

• University of Georgia School of Law, Athens, Georgia, 1982
  J.D.
  Honors: cum laude
• University of Georgia, 1978
  B.A.
  Honors: magna cum laude

Published Works

• Federal Appeals Court Tightens Standards For Class Certification in Antitrust Actions, February 2, 2009
• President Obama Announces Key Antitrust Nomination: What to Expect From the FTC and DOJ in the New Administration, January 22, 2009
• Court Declines to Dismiss Antitrust Claim Alleging Private Equity Firms Allocated Market For Leveraged Buyouts, December 18, 2008
• Supreme Court Overrules Dr. Miles and Holds That Vertical Price Restraints Are Not Per Se Illegal, July 2, 2007
• Paul, Weiss Successfully Defends Genentech in Fraud and Unjust Enrichment Action, 11/09, 2006
• New Partners Noted, 1/26, 2004
• Kenneth Gallo Joins Paul, Weiss as Partner in Washington DC Office, 1/13, 2004
• Arrival of New Litigation Partner Kenneth Gallo Noted, 1/12, 2004

Address

2001 K Street, NW
Washington, DC 20006-1047

Phones

(202) 223-7356

Faxes

(202) 204-7356

Emails

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Websites

http://www.paulweiss.com