Jake Kramer

Antitrust Litigation

Jake represents clients in all phases of antitrust litigation, up to and including trials. In class action matters, he has successfully defended universities facing antitrust class actions related to financial aid policies, a prominent restaurateur accused of conspiring with competitors to eliminate tipping, and hospitality companies accused of tying and monopolization.

Jake also works on business-to-business antitrust disputes in federal and state courts. By way of example, he has represented technology companies assessing claims at the intersection of antitrust and intellectual property, a skincare manufacturer alleging that a supplier abused monopsony power, and equestrian sports organizers bringing monopolization and sham litigation claims.

His antitrust trial experience includes serving as one of the lead trial attorneys for a technology company in a seven-month jury trial, defending against allegations of monopolization; price-fixing; and tying in aftermarkets for service, patches, and upgrades. In addition, Jake recently appeared as trial counsel in a divestiture proceeding, representing an owner of two ski centers accused of violating antitrust law by purchasing and then shuttering a competing ski center.

Antitrust Counseling

Jake has particular insight into challenges facing companies that adopt a "razors and razor blades" business model, which can result in disputes with distributors or independent service organizations that offer competing aftermarket goods and services. He advises clients on issues relating to aftermarkets, including proactive strategies for securing aftermarket revenues, minimizing antitrust risk, and avoiding litigation.

On aftermarket issues, Jake frequently speaks and publishes, focusing on topics that include IP and antitrust issues, post-sale restrictions imposed by patentholders, and the impact of the "right-to-repair" movement, including compliance with an expanding patchwork of state right-to-repair laws.

He also provides pragmatic counseling to help clients evaluate risk and navigate antitrust issues arising from distribution networks, patent licensing and enforcement, and myriad other business transactions and situations.

Business Litigation

In addition to his antitrust practice, Jake works on a wide variety of business litigation matters, including cases involving commercial contract disputes (including pre-litigation advice), post-merger disputes, advertising and consumer protection issues (including inquiries from state and federal government agencies), and fraudulent transfer and alter ego claims.

Jake has served as both plaintiff and defense counsel in commercial disputes, and he has handled trials and contested evidentiary hearings in a multitude of jurisdictions throughout the United States, including the District of Columbia, Georgia, Maryland, New Jersey, New York, Pennsylvania, and Texas. In one such matter, he helped a homebuilding client obtain a rare preliminary injunction for specific performance of a contract to sell land.

Recognition

Reflecting his deep commitment to superior client service, Jake has been honored as a "Client Service All-Star" by BTI Consulting Group and a "Standout Lawyer" by Thomson Reuters, both of which are distinctions awarded only to a select group of client-nominated attorneys. Jake has also been quoted by various media outlets covering litigation-related topics, including the Wall Street Journal and Law360.

Personal Interests

In his free time, Jake can be found spending time with his children, reading crime fiction, listening to music, enjoying a movie, or venturing outdoors in search of rare birds and fresh air.