Mr. Broder, a former chair of the firm’s antitrust practice group, has practiced for nearly 40 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 and provides antitrust compliance counseling to major corporations and trade associations. 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 after the Supreme Court first recognized this type of claim in 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 a federal antitrust lawsuit.
Mr. Broder recently completed the third edition of his book, U.S. Antitrust Law and Enforcement: A Practice Introduction, (Oxford University Press, 3d ed. 2016). He also authored: A Guide to U.S. Antitrust Law (Sweet & Maxwell, London, 2005); and Antitrust Law Desk Book (Aspen Law & Business, New York, 2001). Mr. Broder authored 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 antitrust, legal writing, and written advocacy and is a member of the editorial board of, and the U.S. law reporter for, the monthly European Competition Law Review.
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.