Kent A. Gardiner

Partner

Overview

Kent Gardiner is the former chair of Crowell & Moring. 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. Kent has also been recognized by Super Lawyers as a leading antitrust litigation lawyer.

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 Coqual (formerly the Center for Talent Innovation), which works to empower women and other diverse professionals to rise in major corporations and other professional organizations. Coqual 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.

Career & Education

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    • Department of Justice: Antitrust Division
      Trial Attorney, 19841987
    • Department of Justice: Antitrust Division
      Trial Attorney, 19841987
    • Binghamton University (State University of New York), B.A., Phi Beta Kappa, economics and English
    • Georgetown University Law Center, J.D., cum laude, 1984
    • Binghamton University (State University of New York), B.A., Phi Beta Kappa, economics and English
    • Georgetown University Law Center, J.D., cum laude, 1984
    • District of Columbia
    • New York
    • District of Columbia
    • New York

Representative Matters

  • Representing international airline in relation to government investigations and associated class action litigation involving alleged multi-billion dollar pricing and capacity collusion.
  • Representing 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.
  • Tried antitrust/contract/tort defense case with $200 million in claimed damages; settled mid-trial for no damages and plaintiffs' payment of defense costs.
  • Represented DuPont at trial involving 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.
  • Tried criminal antitrust case in marine construction industry; obtained dismissal at close of prosecutor's case.
  • 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.
  • Represented more than one hundred companies in recovering overcharges by suppliers involved in price-fixing conspiracies.
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