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Douglas F. Broder

Fax +1.212.536.3901
Mr. Broder has practiced for more than 35 years in federal and state courts throughout the United States and abroad. His practice includes litigating antitrust matters, including criminal matters, as well as a wide variety of commercial matters for national and international clients in numerous industries. Mr. Broder also assists clients in obtaining antitrust clearance for mergers, acquisitions and joint ventures. Mr. Broder has an extensive appellate practice and has had primary responsibility for more than 45 appeals to the U.S. Court of Appeals for the Second Circuit alone.

Recently, Mr. Broder was lead antitrust attorney on the trial team that secured a groundbreaking antitrust jury verdict for Continuant, Inc./Telecom Labs, Inc. (TLI), an independent provider of maintenance services for telephone equipment, in the U.S. District Court for the District of New Jersey. Following a six-and-a-half month trial, a New Jersey federal jury returned a $20 million antitrust verdict (which was automatically trebled to $60 million) in favor of the client. (Avaya Inc. v. Telecom Labs Inc. et al.) The case was the first antitrust claim of its type (single product aftermarket) to make it to trial and to a successful verdict since the plaintiffs in Eastman Kodak v. Image Technical Services tried their case to verdict in the aftermath of the Supreme Court’s first recognizing this type of claim in 1992. Eastman Kodak Company v. Image Technical Services, Inc., 504 U.S. 451 (1992).   In a subsequent landmark ruling, the New Jersey federal court awarded TLI $2.6 million in prejudgment interest. This is the first time in history prejudgment interest has been awarded in an antitrust lawsuit brought under the federal statute.

Mr. Broder is the author of U.S. Antitrust Law and Enforcement: A Practice Introduction, (Oxford University Press, 2d ed. 2012); A Guide to U.S. Antitrust Law (Sweet & Maxwell, London, 2005), which explains U.S. antitrust laws to European lawyers and business interests; and of Antitrust Law Desk Book (Aspen Law & Business, New York, 2001). Mr. Broder also is the author of a chapter in Inside the Minds: Antitrust Laws (Aspatore Press, 2005) and was the principal editor of, and a contributing author to, International Joint Ventures (Professional Information Publishing, Ltd., 1996). Mr. Broder has published numerous articles on a variety of legal subjects and is a member of the editorial board of, and the U.S. law reporter for, the monthly European Competition Law Review

Professional Background

Prior to joining K&L Gates, Mr. Broder was a partner in the New York office of a major international law firm, where he headed the firm’s antitrust practice.

Professional/Civic Activities

  • American Bar Association (Antitrust and International Law Sections)
  • Association of the Bar of the City of New York (Antitrust and Trade Regulation Committee)
  • International Bar Association (Competition Law Section)
  • Rated AV® Preeminent™ by Martindale-Hubbell® and recently named a 2012 Top Rated Lawyer® in Appellate Law
  • Recognized by peers since 2007 as New York SuperLawyer in the areas of antitrust litigation, business litigation and appellate litigation
  • Listed: Who’s Who in the World, Who’s Who in America, Who’s Who in American Law, Who’s Who in the East

Speaking Engagements

Mr. Broder has presented numerous talks and continuing legal education seminars on antitrust/competition law topics and on effective brief writing and appellate advocacy.