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. He has extensive experience in federal and state courts throughout the country, including having led or co-led multiple jury trials through verdict.
Phil has built an undisputed track record of success for clients on both sides of the “v,” having recovered more than $1 billion for corporate victims of various price-fixing cartels and other antitrust violations. Phil has also obtained dismissals of a wide variety of antitrust and other claims brought against Fortune 500 and private corporations, as well as non-profit institutions. He is consistently recognized by Lawdragon as one of the “500 Leading Plaintiff Financial Lawyers.”
Notable plaintiff 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 17 corporate opt-out plaintiffs in the Broiler Chicken Antitrust Litigation, including BJ’s Wholesale Clubs, Costco, Darden Restaurants, Gordon Food Service, McDonald’s, Restaurant Depot and Papa John’s;
- Currently representing a group of corporate opt-out plaintiffs in the Pork Antitrust Litigation, including BJ’s Wholesale Clubs, Kraft Heinz and Restaurant Depot;
- 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;
- Represented a group of hedge funds on claims that two major financial institutions assisted Enron Corporation in obtaining bank loans through fraudulent accounting practices; 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.
Notable defense matters include:
- Successfully defending the Andy Warhol Foundation for the Visual Arts in a case alleging the violation 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).
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.
Phil has published multiple articles and received the New York State Bar Association’s Legal Ethics Award for his article, “Restrictive Covenants, Non-Compete Agreements and DR 2-108.”
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.
*Certain representations occurred prior to Phil's association with Cadwalader.