Jay’s practice is concentrated in complex litigation and counseling and he is co-chair of the firm’s Antitrust and Consumer Protection Practice Group.
He has extensive litigation experience in a variety of industries, particularly agriculture, health care, pharmaceuticals and consumer products.
Jay represents numerous clients in high-stakes litigation, many of them class actions where the plaintiffs seek billions of dollars in damages. He is currently defending the nation’s second largest egg producer against claims of conspiring to raise the price of eggs. He also represents several Japanese auto parts manufacturers accused of price-fixing.
Jay understands the health care industry and is well-versed in what makes it unique among industries. He has represented hospital systems, as well as medical device and pharmaceutical companies, in antitrust and competition-related actions, many of which involved issues not previously litigated.
A significant portion of Jay’s practice focuses on counseling clients engaged in mergers and acquisitions. He regularly counsels such clients before the Federal Trade Commission (FTC), the Antitrust Division of the Department of Justice, and before states’ antitrust authorities. Over the past few years, he has successfully obtained clearance from the antitrust authorities in a number of competitively sensitive transactions. These transactions occurred in a variety of industries, including high-tech, food and beverage distribution, logistics, consumer products, fashion and health care. Jay has successfully defended transactions in administrative and federal court against the FTC and the Department of Justice, respectively. Jay also regularly advises private equity funds concerning their strategic initiatives.
In addition to litigation and merger defense, Jay counsels clients on a wide range of domestic and foreign antitrust and trade regulation matters, including pricing and distribution restrictions, joint ventures, exclusive dealing, price discrimination and advertising matters.
In addition to antitrust, Jay advises clients on consumer protection issues, including matters relating to false advertising, marketing, promotion and privacy/data security matters. He represents clients before the FTC's Bureau of Consumer Protection and state consumer protection authorities. Jay has handled data breach notifications for clients and helped them devise privacy protocols, as well as a crisis management response, in the event of a data breach. Jay also defends clients in the subsequent class action that inevitably follows data breaches.
Jay regularly speaks on antitrust, litigation, and consumer protection issues, and can be followed on Twitter @JayLLevine. He is also the managing editor of the firm's innovative Antitrust Law Source blog and host of its podcast, as well editor of the firm’s Food And Agriculture Quarterly and a contributing author to the firm's Technology Law Source blog.
- Fordham University School of Law (J.D., cum laude, 1990)
- University of Maryland (B.A., 1987)
- District of Columbia
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- Supreme Court of the United States
- American Bar Association, Section of Antitrust Law, Joint Conduct Committee, Vice Chair, 2011
- Annual Review of Antitrust Law Developments, Editorial Board, 2009
- Annual Review of Antitrust Law Developments, Editorial Board and Editor, Chapter on Monopolization, 2004