Anthony P. Badaracco
PEOPLE

Anthony P. Badaracco

Partner
badaracco.anthony@dorsey.com

Overview

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

Anthony focuses his practice on antitrust law and business litigation and counseling. He has helped numerous clients obtain clearance from the Department of Justice and the Federal Trade Commission for mergers, acquisitions, and joint ventures and provides comprehensive pre-integration counsel in connection with transactions. He has successfully defended clients in civil conduct reviews by federal and state enforcement agencies as well as in criminal investigations. He has experience working with clients in the telecommunications, financial services, advertising, healthcare, automotive, and pharmaceutical industries, among others.

In court and in alternative dispute resolution settings, 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 appeal—and he has helped clients achieve favorable settlements in several matters. He has argued and won numerous dispositive motions in the federal district courts, appeared at all levels of the New York state court system, and won appeals in the U.S. Courts of Appeals for the Second and Third Circuits. As an associate, he served as a core part of a trial team that secured a groundbreaking antitrust jury verdict, following nearly seven months of trial, for an independent provider of maintenance services for telephone equipment in the District of New Jersey. In addition to antitrust, he has litigated a broad range of business tort, contract, fraud, unfair competition, and trade secret misappropriation matters in court and in arbitration.

Anthony also serves as outside general counsel to industry trade associations and regularly provides antitrust compliance counseling and training to other associations, corporations, and cooperatives. He particularly enjoys working creatively with clients to grow their businesses while spotting and avoiding competition-related risks.

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 a leading industry trade association and regularly advises other associations, corporations, and cooperatives on antitrust compliance issues.
  • Represented a ski lift gate manufacturer in defense of claims for monopolization and conspiracy to restrain trade, obtaining dismissal with prejudice of all claims. Served as primary drafter of merits brief on appeal, and obtained affirmance with costs.
  • Obtained dismissal of maritime garnishment claims filed against investment managers in two federal courts.
  • 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 leading telecom provider on antitrust and other compliance issues arising out of pre-closing integration planning in connection with a $26 billion 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 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 served 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

Articles

Recent Hart-Scott Rodino Developments
Decrease in HSR Reportability Thresholds and Other HSR Developments
Increase in HSR Reportability Thresholds and Other HSR Developments
Chemical Industry Update - January 2020
Co-Author, "Arb-Med: Workable or Worrisome?," New York Dispute Resolution Lawyer
"Interlocking Directorates: What’s on the Horizon," The Antitrust Source, Vol. 19, Issue 1
Newly Announced Antitrust Division Policy Rewards Effective Compliance Programs
Chemical Industry Update - June 2019
Employers Beware: Recent Developments in Employee No-Poaching Agreements
Chemical Industry Update - March 2019
Increase in HSR Reportability Thresholds and Other HSR Developments
Monthly submissions on U.S. antitrust law developments, European Competition Law Review
New York Judges, Not Juries, Should Decide Whether to Pierce the Veil, New York Law Journal
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
Privilege Logs—Divergent Approaches in New York and Delaware, New York Law Journal
Federal Jury Finds Antitrust Violations in Telephony Maintenance Aftermarkets, International Bar Association Antitrust Committee Newsletter
NJ Avaya Ruling Reminds Us that Kodak is Alive and Well, Law360 Expert Analysis
How a Unilateral Policy Can Morph Into An Illegal Scheme, Law360 Expert Analysis
Vertical Price Fixing in the United States — Who’s in Charge?, European Competition Law Review
Bright-Line Rules: Do They Work for Discovery Sanctions, PLI Ethics for Commercial Litigators 2011
Firearm Federalism, New York University Annual Survey of American Law

News & Press Mentions

Dorsey Partner Tony Badaracco Comments on Early Merger Reviews
Dorsey Partner Anthony Badaracco Discusses AMG Capital v. FTC Decision
Dorsey & Whitney Names New Partners
Dorsey’s New York Office Recruiting Efforts Add Key Talent
Dorsey Adds Experienced Litigator Anthony Badaracco in New York

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

Professional & Civic

Community Involvement

  • Young Lawyer Representative, Membership, Diversity & Inclusion Committee, Antitrust Law Section, American Bar Association
  • Longtime Captain, Central Park Lawyers Softball League
  • Treasurer & Trustee, Park Avenue United Methodist Church
  • Certified Judge, Kansas City Barbeque Society

Accolades

  • Dorsey & Whitney – Scales of Justice Team Award (Racial Justice Bronx Project), 2021

Contributed 100+ Pro Bono Hours in 2020

  • Contributed more than 100 Challenge pro bono hours, 2020
Anthony P. Badaracco