Desmonne Alana Bennett

Desmonne is a natural team builder and highly effective communicator, both in and out of the courtroom. She builds strong, collaborative relationships with clients that are grounded in trust, transparency and a shared understanding of what success looks like. Whether leading litigation teams or working alongside in-house counsel and business stakeholders, Desmonne brings clarity, focus and a solutions-oriented mindset to every engagement.

Her practice spans state and federal courts across the country, and she has a proven track record of resolving complex disputes efficiently and effectively.

Antitrust Litigation

Desmonne has substantial experience in antitrust litigation and strategy, representing both plaintiffs and defendants in matters involving monopolization, tying and unfair competition across diverse industries. She excels in evaluating market behavior and developing antitrust theories that support business objectives. 

Representative Experience

• Defended telecommunications company in a seven-month jury trial, prevailing before the jury on six of eight monopolization and tying claims involving alleged aftermarkets for service, software patches and upgrades, followed by a precedential appellate reversal on the two remaining claims in the Third Circuit.
• Represented organizers of equestrian sporting events in monopolization counterclaims against entities holding and promoting equestrian competitions in Wellington, Florida, defeating two motions to dismiss and resolving the matter favorably pre-trial.
• Secured dismissal of antitrust claims against hospitality companies accused of illegal tying and monopolization related to time-share management services.

Class Action Defense

Desmonne regularly defends companies in consumer class actions, often resolving cases at early stages to avoid unnecessary cost and business disruption. She is experienced in navigating the procedural and substantive complexities of multi-jurisdictional class actions. 

Representative Experience

• Defeated class certification for a nutraceutical company in a nationwide consumer class action brought under California consumer protection laws involving product labeling and advertising.
• Obtained summary judgment for an automobile insurance carrier in a class action related to total loss vehicle recovery claims.
• Achieved dismissal and summary judgment for one of the nation’s largest food and beverage companies in state and federal class actions under California and Florida statutes related to product labeling.
• Successfully defended a summary judgment ruling before the Eighth Circuit in a consumer class action involving a memory supplement and claims of unjust enrichment and false advertising.
• Defended managed-care organizations against class action claims seeking medical monitoring following a hepatitis C outbreak at a healthcare facility.

Post-M&A Disputes & Contractual Litigation

Desmonne regularly represents clients in disputes arising out of mergers, acquisitions and complex commercial transactions. She is adept at managing multiparty litigation, analyzing intricate deal terms, and advocating for her clients in contentious contractual and post-closing matters. 

Representative Matters

• Secured jury trial and appellate victories for parent entities and investor in litigation involving investment and financing for limited liability company, and successfully pursued affirmative claims relating to the management of the company.  
• Defended an energy company against federal court claims seeking nearly $350 million in damages related to the $800-million acquisition of a crude oil provider and associated agreements.
• Represented a manufacturer in claims against buyer for breach multiyear purchase agreement. 
• Defended a health care company in a post-M&A dispute involving earnout disagreements and alleged misrepresentations concerning recurring revenue and client relationships.
• Represented a SaaS company in a post-closing dispute involving earnout provisions and representation and warranty insurance coverage, leading to a favorable settlement.
• Represented an oil services company in asserting post-acquisition claims against the seller related to competitive conduct and operational issues.

Personal Interests

Outside of her legal practice, Desmonne enjoys spending time with her family, cooking, reading and exploring the outdoors in Colorado.