• Share
  • Email
  • Print

Anthony P. Badaracco

Fax +1.212.536.3901
Anthony Badaracco is an associate in the firm's New York City office, where he focuses on antitrust, commercial litigation, and government enforcement matters.

Mr. Badaracco has represented clients in the telecommunications, financial services, advertising, healthcare, automotive, and pharmaceutical industries in matters pending in federal and state court and in investigations by the Department of Justice and Federal Trade Commission and by state enforcement agencies. He has appeared at all levels of the New York state court system and contributed to several matters in the United States Courts of Appeals for the Second and Third Circuits as well as the federal district courts.

In the antitrust area, Mr. Badaracco focuses on high-stakes disputes involving claims for monopolization, tying, and conspiracy to restrain trade. He assists clients in obtaining antitrust clearance from the federal enforcement agencies for mergers, acquisitions, and joint ventures. He is also outside general counsel to two industry trade associations and regularly provides antitrust compliance counseling to corporations.

Mr. Badaracco served as part of the core antitrust team that took a series of single-brand aftermarket claims on behalf of a telecommunications firm to a successful jury verdict, an injunction, and a landmark award of prejudgment interest in federal court after a trial lasting more than six months.

Mr. Badaracco has also engaged in substantial pro bono work, including briefing and oral argument as lead counsel on direct appeal of a mentally ill man convicted of murder, and contribution as part of the core team representing a death row inmate on a petition for a writ of habeas corpus based on the State’s unknowing presentation of false trial testimony.

Mr. Badaracco has also published a series of articles and alerts on resale price maintenance law, civil jury trials, and other topics in antitrust and commercial disputes.

Professional Background

Mr. Badaracco served as a law clerk for the New Jersey General Assembly in the fall of 2010. While in law school, he also interned in the criminal division of the United States Attorney’s Office for the Southern District of New York.

Speaking Engagements

  • 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)

Additional Information

  • Certified Judge, Kansas City Barbeque Society
  • Treasurer & Trustee, Park Avenue United Methodist Church
  • Serves as general counsel to two industry trade associations and regularly advises other associations on antitrust compliance issues.
  • Serves as lead counsel for a consumer products company in defense of contract claims arising out of a financing dispute.
  • Represents a ski lift gate manufacturer in defense of claims for monopolization and conspiracy to restrain trade.
  • Represent a pharmaceutical manufacturer in defense of fiduciary claims arising out of a corporate financing.
  • Represents commercial loan servicer in disputes over distressed real estate assets.
  • Represents a man, currently 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 an aftermarket automotive parts distributor in an investigation by the Federal Trade Commission into a proposed merger.
  • 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.
  • Represented an individual who was the subject of a wide-ranging fraud investigation by the Attorneys General of several states.
  • 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.
  • Successfully defended a technological advisory firm named in a securities fraud action in federal trial court and on appeal, obtaining dismissal of the action.
  • 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.
  • Successfully defended a pharmaceutical company in a lawsuit to enjoin a pending merger.
  • 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.
  • Represented a mentally ill individual as lead counsel on appeal from a homicide conviction in Pennsylvania state court.
  • Conducted an internal investigation of a financial services company's audit procedures.
  • 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.