Jeffrey J. Amato

Notable Antitrust Experience

• Federal Trade Commission v. Hackensack Meridian Health (District of New Jersey) – Defended Englewood Hospital in a litigation challenge filed by the Federal Trade Commission regarding their plan to merge with another health system. Representation included a two-week preliminary injunction evidentiary hearing in the District of New Jersey, as well as the subsequent appeal before the Third Circuit. FTC v. Hackensack Meridian Health, Inc., Civil Action No. 20-18140, 2021 U.S. Dist. LEXIS 158158, at *4 (D.N.J. Aug. 4, 2021).

• In re Lithium Ion Batteries Antitrust Litigation – Represented Panasonic Corporation and SANYO Electric Co., Ltd. in the defense of global cartel claims, nationwide consumer antitrust class actions, and state enforcement actions relating to alleged price-fixing of lithium ion secondary battery cells. Jeffrey worked to successfully obtain several denials of class certification in the direct and indirect actions, as well as a partial Daubert striking of testimony by indirect purchaser plaintiffs’ expert economist. In re Lithium Ion Batteries Antitrust Litig., No. 13-MD-2420 YGR, 2018 WL 1156797 (N.D. Cal. Mar. 5, 2018) and 2017 WL 1391491 (N.D. Cal. Apr. 12, 2017) and 2018 WL 4215573 (N.D. Cal. Sept. 4 2018).

• In re Automotive Parts Antitrust Litigation – Represented multiple foreign and domestic manufacturers accused of allegedly price-fixing a variety of automobile parts in an action arising out of the U.S. Department of Justice’s (DOJ) largest cartel investigation on record.

  • Defeated certification of a proposed class of direct purchasers of bearings claiming damages exceeding US$13B, successfully leveraging expert economists and data to convince the court that plaintiffs failed to establish adequacy, typicality, and predominance. In re Auto. Parts Antitrust Litig., No. 12-00501, 2019 WL 626143 (E.D. Mich. Jan. 7, 2019).

  • Obtained dismissal of claims brought by insurance company against multiple auto part manufactures for improper joinder and lack of antitrust standing. GEICO Corp. v. Autoliv, Inc., No. 16-13189, 2018 WL 5077767 (E.D. Mich. Aug. 30, 2018).

• In re Potash Antitrust Litigation – Defended Russian potash producers JSC Uralkali and JSC Silvinit in an antitrust class action. Achieved a favorable “ice-breaker” settlement after years of motion practice and an interlocutory appeal to the Seventh Circuit, sitting en banc, concerning the application of the Foreign Trade Antitrust Improvement Act to plaintiffs’ claims of price-fixing in overseas markets. Minn-Chem, Inc. v. Agrium, Inc., 683 F.3d 845, 848 (7th Cir. 2012).

Notable Financial Services and Consumer Class Action Experience

• MSP Recovery Medicare Reimbursement Class Actions – Successfully obtained dismissal of several putative class complaints brought against auto and casualty insurance companies seeking reimbursement and double damages under the Medicare Secondary Payer Act’s private cause of action and related subrogation theories. MSP Recovery Claims, Series LLC v. AIG Prop. Cas. Co., No. 20-CV-2102 (VEC), 2021 U.S. Dist. LEXIS 58343 (S.D.N.Y. Mar. 26, 2021).
• In re Conseco Life Insurance Company Lifetrend Insurance Sales and Marketing Litigation – Secured complete dismissal of all claims on behalf of Conseco Life and CNO Financial in a purported class action alleging breaches of non-guaranteed elements of universal life policies and claims of alter ego among an insurance holding company and its subsidiaries. Burnett v. Conseco, Inc., 87 F. Supp. 3d 1238 (N.D. Cal. 2015).
• Bates v. Bankers Life and Casualty Company – Obtained order striking class allegations in a long-term care claims mishandling action, as well as dismissal with prejudice of all elder abuse, fraud, and statutory claims asserted in the complaint. 993 F. Supp. 2d 1318 (D. Or. 2014).
• Johnson v. Bankers Life and Casualty Company – Achieved summary judgment and avoided class certification of claims involving the alleged negligent and intentional misrepresentation of Medicaid annuities. 2014 WL 4494284 (W.D. Wis.).
• Glick v. Bankers Life and Casualty Company – Obtained dismissal of putative class claims relating to the alleged wrongful collection of modal premiums on long-term care policies.
• Kottler v. Deutsche Bank AG – Attained denial of class certification on behalf of Deutsche Bank AG in a putative class action brought by investors alleging RICO claims, fraud, breach of fiduciary duty, and unjust enrichment. 2010 WL 1221809 (S.D.N.Y. Mar. 29, 2010).
• Washington National Insurance Company – Represented a subsidiary of CNO Financial Group, Inc. (formerly, Conseco, Inc.) in a class action in the Southern District of Florida, the Court of Appeals for the Eleventh Circuit, and the Florida Supreme Court concerning the admissibility of extrinsic evidence to interpret long-term health care policies.
• Bergman v. Spruce Peak Realty, LLC – Achieved a clause construction award from the American Arbitration Association, precluding class arbitration, and obtained dismissal of common law fraud, state consumer act fraud, and federal statutory claims on behalf of a condominium developer defending multiple putative class actions and arbitrations. 847 F. Supp. 2d 653 (D. Vt. 2012); 2012 WL 6212849 (D. Vt. Dec. 13, 2012).
• National Union Fire Insurance Company, Pittsburgh, PA – Represented a subsidiary of Chartis Inc. in putative class actions in federal courts involving allegations of civil RICO, fraud, and breach of contract relating to the sale of accident and disability policies.
• MBIA Inc. – Represented a provider of financial guarantee insurance in a putative class action involving allegations of fraudulent transfer and fraudulent conveyance.

Tax Controversy, White Collar Criminal Defense, and Investigations Experience

• Conducted an internal investigation for a publicly traded energy company concerning its compliance with the Small Business Act and the Federal Acquisition Regulations.
• Conducted an investigation of a recipient of funds from the Federal Highway Administration under the Disadvantaged Business Enterprise Program (DBE).
• Represented various companies in civil litigation and government investigations involving alleged tax shelters, including a major international bank, in the largest criminal tax investigation in U.S. history.
• Represented an investment banker defending allegations of official misconduct brought by a state attorney general.
• Represented a court-appointed receiver for a multinational financial firm in securities litigation and investigations in New York federal court.
• Represented an international developer in a government investigation and related civil litigation arising out of a serious construction accident.

International Arbitration Experience

• Represented a sovereign government in an international arbitration brought in the Permanent Court of Arbitration at The Hague under the rules of the United Nations Commission on International Trade Law by a private investment company concerning an energy project.
• Litigated disputes in federal district and appellate courts relating to requests for international discovery in aid of foreign proceedings under 28 U.S.C. §1782 for discovery in the U.S.

Other Representative Matters

• Ferghana Partners Inc. v. Bioniche Life Sciences Inc. (New York Superior Court) – Obtained summary judgment on behalf of Bioniche Life Sciences Inc. in an action alleging breach of an acquisition agreement. 2011 WL 5385095 (N.Y. Sup. Ct. Oct. 5, 2011).
• Represented Ames Department Stores Inc. in an adversary proceeding against a surety company for breach of contract.
• Represented a foreign court-appointed receiver in a Chapter 11 bankruptcy proceeding.
• Represented a foreign representative of a Russian debtor in a Chapter 15 proceeding.