Anthony P. Badaracco
PEOPLE

Anthony P. Badaracco

Of Counsel
badaracco.anthony@dorsey.com

Overview

ANTHONY WORKS HARD TO LEARN EACH CLIENT’S BUSINESS AND TO ASSESS AND MINIMIZE LEGAL RISKS. WHEN DISPUTES HAPPEN, HE LITIGATES RELENTLESSLY, WITH THE CLIENT’S BUSINESS OBJECTIVES ALWAYS IN MIND.

Anthony has won massive, bet-the-company disputes as well as much narrower ones. He has substantial first-chair experience in all phases of civil litigation from pleadings through discovery, trial and appeals, and he has helped clients achieve favorable settlements in several matters. He has appeared at all levels of the New York state court system and contributed to several matters in the U.S. Courts of Appeals for the Second and Third Circuits, as well as in the federal district courts, representing clients in the telecommunications, financial services, advertising, healthcare, automotive and pharmaceutical industries, among others. He has also defended clients in investigations by the Department of Justice and Federal Trade Commission and by state enforcement agencies.

Anthony has particular experience in the antitrust area and also assists clients in obtaining antitrust clearance from the federal enforcement agencies for mergers, acquisitions, and joint ventures while providing comprehensive pre-integration counsel. He also serves as outside general counsel to industry trade associations and regularly provides antitrust compliance counseling to other associations and to corporations.

Education & Admissions

New York University School of Law (J.D., 2010), Executive Articles Editor, Annual Survey of American Law

Princeton University (A.B., Woodrow Wilson School of Public and International Affairs, 2007)

Admissions

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Experience

Representative Experience

  • Serves as outside general counsel to two industry trade associations and regularly advises other associations on antitrust compliance issues.
  • Served as U.S. antitrust counsel to a major international publisher and price reporting agency, providing written antitrust compliance materials and delivering in-person training.
  • Advised a major telecom provider on antitrust and other compliance issues arising out of pre-closing integration planning in connection with a pending corporate acquisition.
  • Served as lead counsel for an IoT solutions provider in defense of contract claims arising out of a financing dispute, obtaining dismissal with prejudice of all claims.
  • Represented a ski lift gate manufacturer in defense of claims for monopolization and conspiracy to restrain trade, obtaining dismissal with prejudice of all claims.
  • Represented a telecommunications firm in prosecuting antitrust counterclaims and defending against intellectual property, contract, and tort claims. Worked extensively on expert discovery, dispositive motion practice, and pretrial matters and then contributed as a core member of the trial team that obtained the dismissal of the adversary’s case and a successful antitrust verdict following six and a half months of trial. Following a substantial award of treble damages and an injunction, in a subsequent landmark ruling, the court awarded $2.6 million in prejudgment interest as well, the first such award in a federal antitrust lawsuit.
  • Represented an automotive parts manufacturer that was the subject of an antitrust and fraud investigation by the Department of Justice, obtaining notice of conclusion with no charges.
  • Represented a commercial loan servicer in disputes over distressed real estate assets, obtaining favorable settlements in all matters.
  • Represented a national aftermarket automotive parts distributor in an investigation by the Federal Trade Commission into a proposed merger, obtaining clearance for the deal to close with minimal divestitures.
  • Represented an individual who was the subject of a wide-ranging fraud investigation by the Attorneys General of several states, resulting in no charges.
  • Represented a media representation firm in a commercial dispute regarding buyout payments owed on termination of advertising representation agreements.
  • Represented a community hospital network in a breach of contract dispute, including contributions to fact and expert discovery, dispositive motion practice, and trial preparation, before reaching settlement.
  • Represented a commodities trading firm in various post-judgment enforcement matters and disputes in state and federal court and on appeal, resulting in a nine-figure payment.
  • Represented a federally-chartered cooperative lending association on appeal in a statutory and constitutional challenge to an adverse taxation decision at all levels of the New York state appellate courts.
  • Conducted an internal investigation of a financial services company's audit procedures.
  • Represented a man, on death row in Texas, who was convicted of first degree murder, in connection with a petition for a writ of habeas corpus based on the State’s unknowing presentation of false witness testimony at trial.
  • Represented a mentally ill individual as lead counsel on appeal from a homicide conviction in Pennsylvania state court.
  • Conducted pro bono representation of clients in child custody, visitation, and child support proceedings in Family Court, including appearances at several hearings and settlement conferences.

News & Resources

Legal Writings

  • Monthly submissions on U.S. antitrust law developments, European Competition Law Review (January 2011-January 2019)
  • New York Judges, Not Juries, Should Decide Whether to Pierce the Veil, New York Law Journal (December 2016)
  • Disregarding the Corporate Form: Why Judges, Not Juries, Should Decide the Quiddets and Quillets of Veil Piercing, New York University Journal of Law and Business (November 2016)
  • Privilege Logs—Divergent Approaches in New York and Delaware, New York Law Journal (August 2016)
  • Federal Jury Finds Antitrust Violations in Telephony Maintenance Aftermarkets, International Bar Association Antitrust Committee Newsletter (September 2014)
  • NJ Avaya Ruling Reminds Us that Kodak is Alive and Well, Law360 Expert Analysis (May 2014)
  • How a Unilateral Policy Can Morph Into An Illegal Scheme, Law360 Expert Analysis (August 2013)
  • Vertical Price Fixing in the United States — Who’s in Charge?, European Competition Law Review (April 2013)
  • Bright-Line Rules: Do They Work for Discovery Sanctions, PLI Ethics for Commercial Litigators 2011 (June 2011)
  • Firearm Federalism, New York University Annual Survey of American Law (August 2010)

Select Presentations

  • Litigation and Trial Lessons Learned from Avaya v. Telecom Labs (Association of Corporate Counsel, New Jersey Chapter CLE seminar, January 2015)
  • Are You Protecting Your Intellectual Property or Illegally Restraining Competition? Lessons from Avaya v. Telecom Labs (panelist, Association of Corporate Counsel, New Jersey Chapter CLE seminar, June 2014)
  • Princeton University Pre-Law Society Lawyers’ Fair 2014 (panelist, April 2014)
  • Practical Overview and the Law of E-Discovery (speaker, in-house law seminar, May 2012)

Industries & Practices

  • Antitrust & Competition Law
  • Appellate
  • Banking & Financial Institutions
  • Commercial Litigation
  • Government Enforcement & Corporate Investigations
  • Healthcare
  • Technology
  • Telecommunications
  • Trademark, Copyright, Advertising & Brand Management

Professional & Civic

Community Involvement

  • Certified Judge, Kansas City Barbeque Society
  • Treasurer & Trustee, Park Avenue United Methodist Church
Anthony P. Badaracco