Kent Gardiner is chair of Crowell & Moring’s Litigation & Trial Department and the former chair of the firm. Kent’s practice focuses on antitrust and other complex litigation, including class actions, antitrust/intellectual property cases, and multi-district litigation.
A former U.S. Department of Justice trial attorney, Kent has led the defense of high-profile cartel investigations and antitrust litigation for matters involving railroads, airlines, high-tech companies, and major manufacturers. Kent also devotes a considerable portion of his practice to counseling and training companies on reducing antitrust and other litigation risks.
Recognized by Chambers USA as a leading antitrust lawyer, Kent was cited for knowing “how to take a hard line when need be, but . . . equally savvy at reaching settlements using diplomacy.” He was named in The National Law Journal’s list of Antitrust “Trailblazers & Pioneers” for pioneering approaches to bringing antitrust recovery actions on behalf of corporate clients that have been injured by pricing overcharges or other fraudulent conduct. In this practice, Kent has recovered hundreds of millions of dollars for major corporations and has helped dozens of in-house legal departments create comprehensive recovery programs.
During Kent’s tenure as Crowell & Moring’s chair from 2006 to 2015, the firm experienced nine consecutive years of growth and market expansion, doubling its size and adding major offices in New York and California. Named to Law360’s list of “Most Innovative Managing Partners,” Kent spearheaded new approaches to client service, retention of talent, and alternative fee arrangements that emphasized partnership between the firm and its clients. Under his leadership, the firm was named to Washington Business Journal’s list of “Best Places to Work” and FT Innovative Lawyers “Most Innovative Firms.”
Kent is a member of the Board of Directors of the Center for Talent Innovation, which works to empower women and other diverse professionals to rise in major corporations and other professional organizations. CTI drives ground-breaking research that creates best practices in advancing retention of, and leadership opportunities for, diverse professionals.
Kent is a member of the New York and District of Columbia bars, as well as many federal, district, and appellate courts.
Recent matters include:
- Represent international airline in relation to several domestic and international investigations and associated class action litigation involving alleged multi-billion dollar pricing and capacity collusion.
- Represent a major railroad in defense of MDL class action alleging multi-billion dollar conspiracy to fix fuel prices.
- Represented Humana in trial against U.S. DOJ relating to proposed Humana-Aetna merger.
- Represented DuPont in a case alleging misappropriation of over 100 trade secrets relating to DuPont’s Kevlar® fiber technology, in one of the largest trade secret misappropriation cases in the United States history; obtained record-setting damages award and assisted with U.S. DOJ’s successful prosecution of a large Korean conglomerate for the theft of DuPont’s core technology. Obtained summary judgment against antitrust counterclaims.
- Represented a major agricultural company in successful defense of a connection with a DOJ criminal investigation.
- Represented a group of corporations in opt-out litigation against the largest global computer chip manufacturers, for their involvement in an international conspiracy to fix prices in the dynamic random access memory (DRAM) industry; obtained substantial recoveries.
- Represented a major chemicals manufacturer in global antitrust investigations and related class action litigations; obtained non-prosecution resolution.
- Represented a major metals manufacturer in DOJ and European Commission investigation; closed without prosecution.
- Represented a major construction company in international government contracts/antitrust investigation; closed without prosecution.
- Tried antitrust/contract/tort defense case with $200 million in claimed damages; settled mid-trial for no damages and plaintiffs' payment of defense costs.
- Tried criminal antitrust case in marine construction industry; obtained dismissal at close of prosecutor's case.
- Represented more than one hundred companies in recovering overcharges by suppliers involved in price-fixing conspiracies.
Affiliations
Admitted to practice: District of Columbia, New York
Highlights, News & Knowledge
Speeches & Presentations
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"Speed to Market: The Race for Digital Transformation," Crowell & Moring Webinar
(May 3, 2018).
Presenters: Kent A. Gardiner, Cheryl A. Falvey, Paul Rosen, Laura Foggan, and Kristin J. Madigan.
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"Healthcare Recovery – It’s Not Just for Healthcare Companies," Crowell & Moring's Fourth Annual In-House Recovery Conference, Dana Point, CA
(March 8, 2018).
Moderator: Kent A. Gardiner; Presenters: Christine M. Clements, Laura M. Kidd Cordova, and William S.W. Chang.
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"Expanding the Program: International Recovery and Emerging Areas," Crowell & Moring's Second Annual In-House Recovery Conference, Dana Point, CA
(March 10-11, 2016).
Moderator: Kent Gardiner. Speakers: Jerome Murphy, Bruce Holcomb, and Chris Leonardo.
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"Trends and Developments in Global Competition Law," The Interdisciplinary Centre for Competition Law and Policy (LCC) and Crowell & Moring LLP Annual Conference 2008
(May 2008).
Panel Chaired by: Kent A. Gardiner.
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"Antitrust Update," ABA Corporate Counseling Committee Webinar
(October 11, 2007).
Presenters: Wm. Randolph Smith, Kent A. Gardiner, Jeane A. Thomas, Robert Lipstein, Christopher E. Ondeck, Bridget E. Calhoun, Daniel A. Sasse, Werner Berg and Thomas De Meese.
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"Trends and Developments in Global Competition Law," The Interdisciplinary Centre for Competition Law and Policy (LCC) and Crowell & Moring LLP, Brussels, Belgium
(May 2007).
Presenter: Kent A. Gardiner.
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"The Legal Implications of Business Conduct in Europe and Beyond: Risks and Rights," Paris, France
(October 18-19, 2006).
Panel Discussion: Kent A. Gardiner.
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"Damages as a Means to Incentives Claimants to Start an Action," Private Enforcement in EC Competition Law: The Green Paper on Damages Action - Brussels, Belgium
(March 9, 2005).
Panel Discussion: Kent A. Gardiner.
Publications
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"Investigations – Under Pressure and Out of Time," Crowell & Moring's Litigation Forecast 2017
(January 2017).
Contributors: Kelly Curie, Kent Gardiner, Philip Inglima, Gail Zirkelbach, Angela Styles, Trina Fairley Barlow, Cari Stinebower, and Stephen Byers.
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"Litigation Forecast 2016: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2016).
Contributor.
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"Business Turned on its Side," Crowell & Moring's Litigation Forecast 2016
(January 2016).
Contributors: Kent Gardiner, Robert Cusumano, and Michael Kahn.
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"Litigation Forecast 2015: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2015).
Contributor.
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"Litigation: How to Scale Back the Hazards of Regulatory Challenges and the Litigation that Follows," InsideCounsel
(February 27, 2014).
Co-Authors: Kent A. Gardiner and Cheryl A. Falvey.
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"Litigation Forecast 2014: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication
(January 2014).
Contributor.
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"Talent Development in Law Firms: Three Great Ironies," The National Law Journal
(March 25, 2013).
Author: Kent A. Gardiner.
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"Protecting the Crown Jewels: How to Deal With International Trade Secrets Theft," InsideCounsel
(August 24, 2012).
Co-Authors: Kent A. Gardiner and William J. Sauers.
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"Reinvented Law Firms Emphasize Collective Knowledge," The National Law Journal
(June 13, 2011).
Author: Kent A. Gardiner.
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"Firms Need to Reinvent Relationships With Clients," The National Law Journal
(June 6, 2011).
Author: Kent A. Gardiner.
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"After the Honeymoon - It's not just the chase: What happens post-merger matters more," Legal Times, Vol. XXX, No. 46
(November 12, 2007).
Author: Kent A. Gardiner.
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"Private Damages Actions and Global Recovery Solutions for Multinationals: Understanding the Pitfalls of US Class Actions," Global Competition Review of the Americas
(October 2006).
Co-Authors: Kent A. Gardiner, Daniel A. Sasse and Jerome A. Murphy.
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"What Is 'Quality of Life'?" Legal Times
(February 27, 2006).
Author: Kent A. Gardiner.
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"Explosives Antitrust Litigation Continues," Crowell & Moring Mining Law Monitor
(October 1998).
Co-Authors: Richard McMillan, Kent Gardiner and David M. Schnorrenberg.
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"DOJ Antitrust Division Approves Securities Industry Y2K Plan," The "Year 2000 Problem" Legal Update, Vol. 1, No. 2
(August 1998).
Co-Authors: Kent A. Gardiner and Jonathan A. Epstein.
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"Responding to Kodak: How to Defend Your Company's Aftermarket," Corporate Counsel
(January & February 1996).
Co-Authors: Kent A. Gardiner and Wm. Randolph Smith.
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"Patching Antitrust Flaws With IP Rights," Legal Times
(October 1995).
Author: Kent A. Gardiner.
Client Alerts & Newsletters
In the News
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To Catch an IP Thief
February 2016 — The American Lawyer
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Crowell Reaps Benefits of Cost Management Technology, Sees 11% PPP Growth
February 10, 2015 — National Law Journal
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Steering Through Rough Waters
December 2014 — American Lawyer
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Major National Companies Try 'Sponsorship' As New Hammer to Break Glass Ceiling
November 14, 2013 — The Washington Post
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Washington Litigation Departments of the Year: Crowell & Moring General Civil Litigation
June 24, 2013 — National Law Journal
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Investors Bankroll Lawsuits
April 7, 2013 — The Wall Street Journal
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Big Suits: In Re Rail Freight Fuel Surcharge Antitrust Litigation
August 29, 2012 — American Lawyer
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Crowell Wins Dismissal of DuPont Monopolization Lawsuit
April 9, 2012 — Global Competition Review
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DuPont Escapes Kolon's Body Armor Antitrust Case
April 6, 2012 — Competition Law360
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How They Won It: McGuireWoods, Crowell Score For DuPont
October 18, 2011 — Intellectual Property Law360
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Jury Awards DuPont $920M In Kevlar Trade Secrets Suit
September 14, 2011 — IP Law360
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Forging a New Partnership: How Law Firms Can Escape Commoditization
June 6, 2011 — The National Law Journal
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Company Lawyers Sniff Out Revenue
May 11, 2011 — The Wall Street Journal
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Law360's "Most Innovative Managing Partner: Crowell's Kent Gardiner"
June 16, 2010 — Law360
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Champions & Visionaries
June 7, 2010 — The National Law Journal/Legal Times
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Will the European Union Ever See US-Style Private Antitrust Litigation?
November 1, 2008 — Global Competition Review
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Legal Departments Get Aggressive In Pursuing Recoveries
November 30, 2005 — Corporate Legal Times
Firm News & Announcements