Kail Jethmalani counsels clients in all areas of antitrust and competition law, including high-stakes litigation, strategic M&A, sensitive government and internal investigations, and corporate counselling.
Mr Jethmalani currently represents Tyson Foods in its defence of two major treble-damage class action litigations, alleging industry-wide conspiracies to raise the prices of broiler chickens and to suppress compensation pay to poultry growers. He also represents Independence Blue Cross in the largest antitrust class action in US history.
Mr Jethmalani was on the Axinn team nominated in 2018 for Global Competition Review’s Litigation of the Year – Cartel Defence Award for its work on behalf of Nishikawa Rubber Company in the auto parts litigation. The award recognises “creative, strategic and innovative litigation on behalf of a defendant in a private action for cartel damages”.
Mr Jethmalani advises clients in both domestic and cross-border transactions, representing them before the US Department of Justice; the Federal Trade Commission; and competition regulators in Europe, China, Korea, Japan, India and other jurisdictions. He recently advised, among others, Dell in its US$67 billion acquisition of EMC; Tyson Foods in its acquisition of Keystone Foods; and Thermo Fisher in its US$1.3 billion acquisition of Affymetrix.
Additionally, Mr Jethmalani maintains an active pro bono practice. He recently led a team that secured asylum for a pro bono client fleeing political persecution. The New York State Bar Association recognised his pro bono contributions through the Empire State Counsel programme.
Mr Jethmalani is currently part of the American Bar Association antitrust law section’s leadership, in its integrated marketing initiatives committee. He is also a regular contributor to publications and speaking engagements on antitrust and competition law issues.