Philip J. Iovieno 

Partner – New York
T.+1 212 504 6868
philip.iovieno@cwt.com
200 Liberty Street
New York, NY 10281 V-CARD

Phil Iovieno is the Co-Chair of Cadwalader’s Antitrust Litigation Group, with a practice focused on representing plaintiffs and defendants in antitrust and other complex commercial litigation. Phil has extensive experience in federal and state courts throughout the country, including having led or co-led multiple jury trials through verdict.  Phil’s current clients include, among others, the following companies:  Costco Wholesale, Kraft Heinz, Target, McDonald’s, Fortress, BJ’s Wholesale Club, Wendy’s, AngioDynamics, Aramark, Restaurant Depot, Darden Restaurants, and Papa John’s.

Based on his undisputed track record of success on both sides of the “v,” Phil has been consistently ranked as one of the leading lawyers in America by multiple publications, particularly in the areas of antitrust and litigation. Chambers and Legal 500 have ranked Phil and Cadwalader’s Antitrust Litigation Department and clients have described Phil as:

  • “Phil Iovieno is a powerful litigator with the perfect mix of aggressive litigation and a soft-spoken voice, keen emotional intelligence and empathy. I would trust him on the most important company litigation.”
  • “Phil Iovieno takes a practical, efficient approach to matter management, maintains a great facility with detail while keeping focused on the big picture and is a genuine pleasure to work with. His deep experience and ability to think on his feet allowed him to pivot quickly during the trial.
  • Phil is extremely intelligent. He is a master of antitrust law and trial practice.

Commenting on Cadwalader’s Antitrust Litigation Department, a client noted to Legal 500 that the Department is, “the highest quality commercial litigation boutique inside a prestigious law firm with abundant resources.  The group is aligned with their clients not only on the cases they expertly litigate but they are aligned with and understand the business implication that litigation has on the companies they serve.  They are as apt to provide counsel on the business ramifications of litigation as they are on the likelihood of an amenable settlement in a case.

Phil has also been ranked by Lawdragon as one of the “500 Leading Lawyers in America,” and as one of the “500 Leading Litigators in America.”  Since 2019, Benchmark Litigation has rated Phil as a “National Litigation Star” for his work in “Competition/Antitrust.”  Since 2020, Phil has been recognized by Who’s Who Legal as a Global Leader in Competition and has noted that Phil is, “a well-respected name for plaintiff representations, particularly in matters involving price-fixing cartels.

On the plaintiff side of the “v,” Phil has recovered more than $2 billion for various corporate clients who were the victims of price-fixing cartels and other antitrust violations.  Representative matters include:

  • Achieving total settlements of more than $500 million for 12 corporate opt-out plaintiffs who were victims of price-fixing in the market for LCD panels, exceeding 150 percent of the plaintiffs’ damage claims and more than five times what they would have recovered from the class action;
  • Achieving total settlements of more than $225 million for nine corporate opt-out plaintiffs who were victims of price-fixing in the market for cathode ray tubes, exceeding 150 percent of the plaintiffs’ damage claims and more than five times what they would have recovered from the class action;
  • Currently representing a group of 16 opt-out plaintiffs with tens of billions of purchases in antitrust price-fixing litigation against the major chicken suppliers;
  • Currently representing a group of 13 opt-out plaintiffs with tens of billions of purchases in antitrust price-fixing litigation against the major pork suppliers;
  • Currently representing a group of 10 opt-out plaintiffs with tens of billions of purchases in antitrust price-fixing litigation against the major beef suppliers, and serving as court-appointed liaison counsel for all opt-out plaintiffs in that action;
  • Currently representing Rumble in an antitrust monopolization case against Google;
  • Currently representing BJ’s Wholesale Club and others in an antitrust monopolization case against Keurig Green Mountain;
  • Represented a group of 3,700 retail pharmacies as opt-out plaintiffs in a federal antitrust action against drug manufacturers, achieving settlements far in excess of what they would have received from the class; and
  • Winning a substantial jury verdict in Los Angeles federal court for a nationally known mystery writer in a Lanham Act action against a major publishing house.

On the defense side, Phil has obtained dismissals of a wide variety of antitrust and other claims brought against Fortune 500, private corporations, and non-profit institutions.  Representative matters include:

  • Successfully defending the Andy Warhol Foundation for the Visual Arts in a case alleging the violation of various antitrust laws, achieving the voluntary dismissal of all claims for no compensation after more than three years of litigation;
  • Representing AT&T Corporation in its opposition to the federal government’s settlement of the United States v. Microsoft case;
  • Successfully defending AT&T Corporation/SBC Communications against antitrust claims alleging monopolization involving its payphone business;
  • Winning summary judgment for Philip Morris Inc., dismissing all claims that its wholesale distribution programs violated the antitrust laws; and
  • Successfully representing DuPont on DOJ’s grand jury investigation into its research into and use of perfluorooctanoic acid (PFOA).

*Certain representations occurred prior to Phil’s association with Cadwalader.

Phil is an active member of the community.  He has handled a variety of pro bono cases, including representing multiple widows before the September 11th Victim Compensation Fund and other pro bono litigants in federal and state court.  Phil and his brother established The Frank and Rosemary Iovieno Caring for Children Foundation, a charitable foundation that, for the last 20 years, has provided substantial monetary assistance annually to hundreds of children throughout New York and Massachusetts from economically challenged families who suffer from life-threatening illnesses.  He is on the Board of the Beverwyck Lacrosse Club, which provides training, mentoring and academic tutoring to hundreds of underprivileged boys and girls in the New York Capital Region, and he actively supports the WGA’s Caddie Scholarship Fund.

Prior to joining Cadwalader, Phil was a partner at Boies Schiller Flexner LLP.  He received his J.D. from Albany Law School of Union University, where he was Articles Editor of the Albany Law Review, and his B.A., magna cum laude, from Siena College. 

Selected Recent Articles:

  • Phil authored an article in the New York Law Journal entitled “Expanding Contingency Fee Practices: Best Practices” (August 1, 2023)
  • Phil and Cadwalader colleague Kristen McAhren co-authored the “The United States” chapter in the 16th Edition of The Private Competition Enforcement Review. The chapter focuses on recent private antitrust litigation activity, antitrust class action lawsuits, and also provides a general introduction to the legislative framework for private antitrust enforcement. (March 2023)
  • Phil received the New York State Bar Association’s Legal Ethics Award for his article, “Restrictive Covenants, Non-Compete Agreements and DR 2-108”

Selected Recent Speaking Engagements:

  • Phil moderated a panel at the International Litigation Finance Association’s conference in New York City. The topic of the panel was “CFOs and GCs on Optimizing Legal Value.” (April 2024)
  • Phil moderated a panel at the Global Competition and Class Actions conference in London. The topic of the panel was a discussion of “North American Competition Claims.” A link to the video of this panel discussion can be found here. (November 2023)
  • Phil spoke on a panel at the International Litigation Finance Association’s conference in New York City. The topic of the panel was “Building High Value Law Firm Practices.” A link to the video of this panel can be found here. (October 2022)
  • Phil spoke on a panel at the Litigation Funding Dealmakers conference in New York City. The topic of the panel was “The Expanding Toolbox: Changes in Law Firm Contingency and AFA Models.” (September 2021)

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Philip J. Iovieno 

Education

  • Albany Law School of Union University
    J.D.
  • Siena College
    B.A., magna cum laude