Eva Cole

Antitrust Government Investigations & Internal Investigations Experience:

• Global Cartel Defense. Regularly represents multinational corporations in global cartel investigations and related proceedings requiring the coordination of responses to government agencies spanning various jurisdictions across Asia, Europe, and the United States.
• Cartel-Related Internal Investigations. Efficiently manages large-scale internal investigations to evaluate compliance with antitrust laws and to assess whether companies should apply for leniency with the DOJ and other government agencies.
• Individual Cartel Defense. Represents high-level executives facing criminal antitrust charges.

Antitrust Class Actions and MDLs Experience:

• In re Automotive Parts Antitrust Litigation (E.D. Mich.). Represented foreign and domestic auto parts manufacturers and sellers accused by direct and indirect purchasers, opt-out plaintiffs, and various State Attorneys General of allegedly price-fixing and bid-rigging a variety of automobile parts in civil actions arising out of the DOJ’s largest cartel investigation on record.
• In re Cathode Ray Tube (CRT) Antitrust Litigation (N.D. Cal.). Represents Japanese multinational electronics corporation and various affiliates in a multidistrict class action and related Attorney General actions that have lasted over a decade and have involved multiple appeals to the Ninth Circuit. Successfully argued to the Ninth Circuit on behalf of defendants that it should not reverse the approval of settlement agreements entered into with indirect purchaser plaintiffs.
• In re Capacitors Antitrust Litigation (N.D. Cal.). Represents Japanese multinational electronics corporation and its U.S. subsidiary against allegations of price-fixing in the capacitors industry. Assisted in successfully narrowing scope of claims and achieving favorable settlements.
• Iowa Public Employees’ Retirement System, et al. v. Bank of America Corporation, et al. (S.D.N.Y.). Assisted in the defense of a global financial institution against claims that several companies conspired with certain trading platforms to stifle competition in the US$1 trillion-plus stock loan sector. The allegations include claims that defendants boycotted start-up lending platforms and colluded to prevent price transparency and competition in trade execution in violation of federal antitrust laws.
• B&R Supermarket, et al. v. Bank of America, et al. (E.D.N.Y.). Assisted in the defense of a leading digital bank and payments services company against allegations relating to payment card interchange fees and merchant discounts. Aided in successfully defeating plaintiffs’ first motion for class certification.
• In re Resistors Antirust Litigation (N.D. Cal.). Represented Japanese multinational electronics corporation and its U.S. subsidiary against allegations of price-fixing and bid-rigging in the resistors industry. Successfully resolved cases through early settlements.
• In re Lithium Ion Batteries Antitrust Litigation (N.D. Cal.). Represented Japanese multinational electronics corporation and its affiliates against allegations of price-fixing of lithium ion battery cells. Successfully obtained several denials of class certification in the direct and indirect actions, as well as a partial striking of testimony by indirect purchaser plaintiffs’ expert economist.
• In re Refrigerant Compressors Antitrust Litigation (E.D. Mich.). Represented global electronics manufacturer and its U.S. subsidiary in private class action lawsuits stemming from an investigation by the DOJ into alleged price-fixing by manufacturers of refrigerant compressors for household use. Obtained major victories through dismissals and narrowing of claims and the eventual successful settlements of remaining claims.
• Susan Giordano, et al., v. Saks Incorporated et al (E.D.N.Y.). Represented certain subsidiaries of multinational corporation specializing in luxury goods against allegations of no-poach agreements in the luxury retail employee sector in violation of Section 1 of the Sherman Act.

Other Representative Complex Litigations and Arbitrations Experience:

• EJ MGT LLC v. Zillow Group, Inc. and Zillow, Inc. (D.N.J.). Assisted in obtaining a major victory for online real estate database company accused of a litany of antitrust, consumer protection, and common law claims revolving around the alleged impropriety of an algorithmically generated estimate of real estate market value. Successfully achieved dismissal of claims twice.
• Preston Hollow Capital LLC v. Nuveen LLC (Del. Ch. Ct.). Led team of lawyers through expedited litigation resulting in bench trial on behalf of global investment manager accused of defamation, tortious interference of contract and prospective business relations, and group boycott claims under the New York Donnelly Act.
• Thales Avionics, Inc. v. Matsushita Avionics Systems Corp. (C.D. Cal.). Represented avionics company in major defeat on summary judgment against claims of unlawful monopolization and predatory pricing.
• Consumer Fraud Class Actions. Defended various multinational consumer electronics companies against class action claims involving allegations of violations of various state statutes including California’s Unfair Competition Law, California’s Consumer Legal Remedies Act, and New Jersey’s Consumer Fraud Act relating to plasma televisions, cordless telephones, and DVD players. Successfully resolved actions through motions to strike class allegations, motions to dismiss, and favorable non-class settlements. 
• Sports & Entertainment Arbitrations & Litigations. Represented five members of the U.S. Women’s National Soccer Team in a landmark action before the Equal Employment Opportunity Commission accusing the U.S. Soccer Federation of wage discrimination on the basis of gender. Represents NFL players in arbitrations and litigations involving player free agency rights, licensing issues, and other issues arising under collective bargaining agreements. Represents other sports and entertainment organizations in connection with various disputes under state and federal law.

Antitrust Counseling Experience:

• Antitrust Risks. Counsels international and U.S. corporations regarding antitrust risks associated with trade association participation, information exchanges, most-favored-nation (MFN) clauses, hiring and recruitment practices, pricing structures, price discrimination, resale price maintenance, territorial restrictions, and other vertical resale restrictions.
• Joint Venture-Related Counseling. Counsels joint ventures and affiliated companies in connection with minimization of competitively sensitive information exchanges, firewalls, potential spillover conduct, and no poach issues.
• M&A Related Counseling. Counsels corporations involved in mergers and acquisitions concerning potential antitrust risks.
• Jurisdictional & Foreign Trade Related. Counsels international corporations regarding jurisdictional issues relating to foreign activities and the Foreign Trade Antitrust Improvements Act.

Antitrust Compliance, Audits, Program, and Trainings Experience:

• Program Design and Implementation. Designs and institutes antitrust compliance programs, including designing antitrust audits, customized educational materials, and discipline for violations.
• Antitrust Training. Provides antitrust training to corporate employees, in particular senior executives.

Pro Bono Experience:

• Children’s Rights. Involved in various pro bono efforts on behalf of children and children’s rights organizations.
• Equal Rights Amendment. Involved in firm’s efforts to assist and support the ratification of the Equal Rights Amendment.
• Affirmative Asylum Cases. Successfully obtained affirmative asylum on the behalf of client with well-founded fear of persecution on the basis of her religious affiliation and marital status in her home country.
• International Abduction Cases under the Hague Convention. Represented clients in connection with international child abduction cases pursuant to international treaty, the goal of which is to secure immediate return of a child wrongfully removed from or retained outside of home country.