Eva Cole is a litigation partner in Winston & Strawn’s New York office and co-chair of the firm’s Antitrust/Competition Practice Group.
Eva regularly represents clients in complex commercial class action and litigation, and in connection with a wide array of federal and state antitrust issues, including monopolization, price-fixing, wage-fixing, no-poach agreements, group boycotts, exclusive dealing, tying, price discrimination, predatory pricing, unfair competition and other restraints of trade. She regularly coordinates joint defense group efforts in cases involving conspiracy claims against multiple defendants.
Eva also has significant experience representing clients facing international cartel investigations and related follow-on civil class actions. She has helped clients navigate the difficult web of facing multiple, simultaneous government investigations around the world and has experience defending antitrust investigations brought by antitrust authorities in the United States, Australia, Brazil, Canada, the Czech Republic, Europe, Hungary, Japan, Korea, Mexico, Singapore and New Zealand. She represents clients in both civil and criminal antitrust matters and, in addition to her representation of major U.S. and multinational corporations, she also represents individual executives facing criminal antitrust claims.
In this context, Eva has gained a great deal of experience assisting Japanese clients and is a core member of the firm’s Japan practice. Over the years, she has developed a deep and enduring respect for Japanese traditions and Japan’s unique business climate. She ensures that any client – whether in Japan or another part of the world – receives the same level of service as a client down the street. She also regularly acts as a liaison between non-U.S. based clients and their lawyers from other parts of the world to ensure global problems are handled consistently and efficiently.
In addition, Eva regularly advises companies with respect to antitrust compliance. Among other things, she helps companies develop antitrust compliance policies and training to help prevent antitrust problems. In particular, Eva has helped private equity funds with numerous portfolio companies and other types of corporations with multiple subsidiaries and affiliates develop comprehensive and consistent antitrust compliance programming.
In addition to Eva’s experience in the antitrust context, she has also represented clients facing consumer fraud and other business tort and breach of contract claims, as well as various constitutional claims. She has represented clients across multiple industries including consumer electronics, food and beverage, finance, sports and entertainment, and retail. Eva has represented clients in all stages of litigation, including appeals, and through trial as a first-chair litigator.
Eva brings personal attention to each and every matter she handles, recognizing that the best client relationships develop over time and mature into partnerships built on trust and familiarity. Clients benefit from her deep engagement, strategic thinking, practical approach, and efficient management of complex matters.
- Compliance & Counseling
- Antitrust Litigation
- Antitrust / Competition
- Complex Commercial Litigation
- White Collar, Regulatory Defense & Investigations
- Class Actions
- Sports Litigation
- Government Investigations
- Global Cartel Defense
- Asia Competition & Antitrust Counseling
- Compliance Programs
- Latin America Antitrust/Competition
Honors and Awards
- Named as a “Leading Lawyer” in the area of Cartels, Legal 500 U.S., 2020-2021
- “500 Leading Lawyers in America,” Lawdragon Magazine, 2020-2021
- Recognized in 2020-2021 Chambers USA for Antitrust
- Commercial Litigation and Antitrust, The Best Lawyers in America®, 2020-2022
- “New York Litigation Star” for Competition/Antitrust, Benchmark Litigation, 2020
- “Future Star” for Competition/Antitrust, Benchmark Litigation, 2020
- “Top 250 Women in Litigation,” Benchmark Litigation, 2019-2020
- Shortlisted for the Euromoney LMG’s Americas Rising Star award for Antitrust/Competition, 2019
- “Next Generation Lawyer” in Antitrust: Cartel and Civil Litigation/Class Actions, The Legal 500 U.S., 2018-2019
- “40 & Under Hot List,” Benchmark Litigation, 2016-2019
- “40 Under 40” Global Competition Review, 2012
Practice Group Awards
- Winston & Strawn was named “Law Firm of the Year” in 2020 for its Antitrust/Competition practice by S. News & World Report – Best Law Firms®
- Winston & Strawn was named 2020 “Antitrust Firm of the Year” and 2018 “Antitrust Firm of the Year” by Benchmark Litigation
- Winston & Strawn’s Antitrust/Competition Practice was awarded “Litigation of the Year – Cartel Defense” by Global Competition Review, 2019
- Winston & Strawn’s Antitrust/Competition Practice was recognized as a Tier 1 National “Best Law Firm” by S. News – Best Lawyers® in 2019
- Winston & Strawn’s Antitrust/Competition practice was named “2015 Team of the Year” in cartel defense by The Legal 500
Eva is co-chair of the firm’s Antitrust/Competition Practice, co-chair of the New York office Women’s Leadership Initiative, and member of the firm’s Diversity and Inclusion Committee. She is also a member of the ABA Section of Antitrust Law’s International Cartel Task Force and an active member of the Inter-Pacific Bar Association's Competition Law Committee. She is also a member of the Women in Compliance committee of the National Association of Women Lawyers.
Eva received a J.D., cum laude, from Boston University School of Law in 2003. She received a B.A., magna cum laude, from Washington University in St. Louis in 2000.
Antitrust Government Investigations & Internal Investigations
- 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.
Representative Antitrust Class Actions and MDLs
- Susan Giordano, et al., v. Saks Incorporated et al (E.D.N.Y.) – Represents 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.
- In re Automotive Parts Antitrust Litigation (E.D. Mich.) – Represents 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 $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.
Other Representative Complex Litigations and Arbitrations
- 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 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
- 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, including, in particular senior executives.
- 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.
- Co-author, "Compliance Challenges for Foreign Investment in the U.S", Asia Business Law Journal’s Japan Outbound Investment Guide (April 14, 2021)
- Speaker, “Antitrust 360 and Me,” New York State Bar Assocation (January 27, 2021)
- Regular contributor to, and editor of, Winston & Strawn’s Competition Corner blog posts and podcast, featuring insights on recent legal developments in the antitrust arena as well as user-friendly guidance and practical tips for compliance.
- Speaker, “Anti-Bribery / Anti-Corruption (ABAC) Compliance,” National Association of Women Lawyers (February 24, 2020)
- Co-author, “Collective or Class Actions and Claims Aggregation in the United States,” GCR's Private Litigation Guide - First Edition (January 2020)
- Speaker, “Equal Pay, Equal Play and the Equal Rights Amendment,” National Assocation of Women Lawyers (November 7, 2019)
- Speaker, “Antitrust Law Basics CLE Re: Vertical Restraints of Trade,” New York State Bar Association, New York (June 10, 2019)
- Co-author, “Compliance,” ABA International Antitrust Cartel Handbook (June 2019)
- Speaker, “Women in Sports," 7th Annual NYU Sports Law Colloquium, New York (March 30, 2018)
- Speaker, IPBA Competition Roundtable 2018, 28th IPBA Annual Meeting and Conference, Philippines (March 15, 2018)
- Speaker, “Effective Discovery Strategies in Class Action Litigation: Managing Data, Overcoming Challenges of E-Discovery, the Use of Survey Evidence, and Pursuing Discovery in the Most Efficient and Cost-Effective Way for Your Client,” ACI’s 2nd Cross-Industry Interdisciplinary Summit on Defending and Managing Class Actions (April 4, 2017)
- Speaker, “Navigating Ethical Grey Areas in Class Action Litigation, With a Focus on Privilege,” ACI Class Actions Conference (April 12, 2016)
- Author, “The Class Action Mechanism and Courts’ Continued Focus on Class Certification and Settlement Requirements,” Inside the Minds: Recent Trends in Class Action Lawsuits (September 17, 2015)
- Panelist, “Criminal Antitrust Enforcement: Fundamentals and Best Practices,” ABA Section of Antitrust Law (January 20, 2015)
- Speaker, “Antitrust Update for In-House Counsel,” ABA Corporate Counseling Committee (December 8, 2014)
- Panelist, “Witness Interview Fundamentals,” ABA Section of Antitrust Law Cartel and Criminal Practice Committee (March 5, 2014)
- Co-author, “The Antitrust Division's New Model Corporate Plea Agreement,” ABA Cartel & Criminal Practice Committee Newsletter (Spring 2014)
- Co-author, “U.S. Private Antitrust Treble Damages Class Actions,” Antitrust between EC Law and National Law (Treviso, 2008)
Accolade 01/18/22Winston & Strawn Wins Two Law360 Practice Group of the Year Awards
Accolade 12/10/21Winston & Strawn Antitrust/Competition Practice Recognized in 2022 GCR 100
Briefing 12/10/21Key Points Concerning the Revision to Japan’s Corporate Governance Code
Article 11/22/21Winston Contributes United States Overview to GCR’s Private Litigation Guide
Accolade 10/06/21Winston Partners Named to Global Competition Review’s Women in Antitrust 2021
Accolade 09/02/21Winston Women named to Euromoney’s Women in Business Law Expert Guide 2021
Accolade 08/19/21Winston & Strawn Attorneys Recognized in The Best Lawyers in America© 2022
Accolade 08/05/21Winston Partners Named to Benchmark’s List of Top 250 Women in Litigation 2021
Article 07/12/21Avoiding Antitrust Issues In Search Term Ad Agreements
Accolade 07/01/21Winston Women Recognized in the 2021 Women in the Law edition of Best Lawyers
Webinar 06/28/21Mitigating Risks in U.S. Transactions: CFIUS and Merger Review Tips for Japanese Companies
Accolade 06/10/21Winston & Strawn Recognized in The Legal 500 U.S. 2021
Webinar 06/10/21Spotlight on Labor Markets: Antitrust Considerations for No-Poach and Wage-Fixing Agreements
Accolade 05/19/21Winston & Strawn Recognized in Chambers USA 2021
Article 04/23/21Compliance Challenges for Foreign Investment in the U.S.
Speaking Engagement 03/23/21Concurrences 2021 Antitrust Compliance Awards Webinar: How to Detect & React to Antitrust Breaches
Accolade 02/02/21Winston Partners Recognized in the 2021 Lawdragon 500 Leading Lawyers in America
Article 02/01/21Winston Attorneys Contribute to GCR’s Private Litigation Guide - Second Edition
Blogs & Podcasts
12/16/21FTC and DOJ Workshop Highlights Antitrust Considerations in Labor Markets
12/10/21DOJ’s First Criminal Indictment for Wage-fixing Survives Dismissal Attempt
11/24/21The Impact of DOJ’s Corporate Enforcement Policy Changes on Antitrust Investigations
10/27/21European Commission Warns: Antitrust Dawn Raids Are Coming
09/10/21First Federal Appellate Court Confirms Rule-of-Reason Analysis Applies to Ancillary No-Poach Agreements
09/08/21Antitrust 101: Best Practices for an Effective Antitrust Compliance Program
08/16/21Competition EO: Changing Tides in Beer, Wine, and Spirits Industries
08/09/21Class Action Claims Rejected for Plaintiffs in Two Franchise No-Poach Cases
07/22/21Competition EO: Eyes on Banking
07/16/21Competition EO: Spotlight on Anticompetitive Concerns in Labor Markets
07/06/21Antitrust Scrutiny of Digital Platforms Continues Globally
04/14/21Chamber of Commerce Attacks the Constitutionality of DOJ’s Attempts to Criminalize No-Poach Agreements
02/18/21DOJ to Continue Focus on Prosecuting No-Poach and Wage-Fixing Agreements
02/11/21The Dean of the Cartel Bar: The Legacy of A. Paul Victor
02/10/21Beware of Business Collaborations with Startups in Japan: New Guidelines Released
01/29/21DOJ Antitrust Division Still Looking for a “Gold Standard” Compliance Program
12/14/20DOJ Gets Its First Criminal Indictment for Wage Fixing
12/11/20Congress Passes Bill to Protect Whistleblowers in Criminal Antitrust Cases