Philip J. Iovieno
t: 518 434 0600
f: 518 434 0665
Areas of Practice
Albany Law School of Union University, J.D., 1992; Articles Editor, Albany Law Review; Justinian Society; Albany Law School Academic Scholarship; NYS Bar Association Legal Ethics Award (1992)
Siena College, B.A., magna cum laude, Political Science, 1989
New York and Connecticut
United States Courts of Appeals: Second Circuit
United States District Courts: Southern, Eastern and Northern Districts of New York
Philip Iovieno joined the firm in 2000, and his main practice areas are antitrust and complex commercial litigation. Mr. Iovieno has represented plaintiffs and defendants in high-profile matters in federal and state courts throughout the country. He has led or co-led several jury trials through verdict, and has argued numerous appeals, including before the Second Circuit and the New York State Appellate Division.
Mr. Iovieno has substantial experience in a wide variety of antitrust matters, including class actions, government investigations and competitor cases. Mr. Iovieno is currently representing a group of corporate clients who have opted out of the In re TFT-LCD Antitrust Litigation class action to pursue their own actions for damages arising out of a price-fixing cartel in the TFT-LCD industry, which affected the prices of a wide variety of products, including televisions, computer monitors, notebook computers and mobile phones. Mr. Iovieno is also representing many of these same corporations as plaintiffs who have opted out of the In re Cathode Ray Tube Antitrust Litigation class action to pursue their own actions for damages arising out of a price-fixing cartel which affected the prices of televisions and computer monitors which contained cathode ray tubes.
On the defense side, Mr. Iovieno recently represented the Andy Warhol Foundation for the Visual Arts and The Andy Warhol Art Authentication Board in a case alleging antitrust claims under §§ 1 and 2 of the Sherman Act. After over three years of litigation, and extensive fact and expert discovery, the Plaintiffs voluntarily dismissed all of their claims, with prejudice, for no compensation whatsoever.
Other significant antitrust representations include:
- Representing AT&T/SBC Communications, in conjunction with several states, to oppose the federal government's settlement of the United States v. Microsoft case;
- Successfully defending AT&T/SBC Communications against federal and state antitrust claims of monopolization;
- Winning summary judgment (affirmed on appeal by the 6th Circuit) for Philip Morris against charges it had violated the Robinson-Patman Act and Section 2 of the Sherman Act;
- Representing Alcoa in connection with an investigation by DOJ and antitrust authorities in Canada into allegations of criminal price fixing and market allocation. These investigations were discontinued in 2007; and
- Currently representing a collective group of 3700 retail pharmacies who are plaintiffs in a federal antitrust action against major drug manufacturers alleging price-fixing and Robinson-Patman Act violations.
Mr. Iovieno also has substantial experience litigating complex commercial cases, particularly involving financial institutions and hedge funds, and a range of intellectual property disputes. Notable representations in these areas include:
- Successfully representing over a dozen hedge funds in pursuing claims for hundreds of millions of dollars against JPMorgan Chase and Citigroup for assisting Enron in obtaining bank loans through fraudulent accounting practices;
- Successfully representing DuPont in connection with the DOJ's grand jury investigation, discontinued in October 2007, into DuPont's use and study of PFOA, which is an essential ingredient in the manufacture of Teflon®;
- Obtaining a substantial jury verdict (including punitive damages) after a two-week trial in federal court in Los Angeles for a well-known mystery author in a Lanham Act action against an entertainment/ publishing company;
- Winning summary judgment in federal court in New York City for a major wedding dress designer, dismissing all claims that its dress designs constituted a copyright infringement;
- Representing one of the largest suppliers of prepaid phone cards in an injunction action in federal court in New Jersey involving allegations of trademark infringement and unfair competition;
- Representing two authors in a copyright infringement action against DC Comics in federal court in New York City.
Mr. Iovieno was awarded the 1992 New York State Bar Association's Legal Ethics Award for his article Restrictive Covenants, Non-Compete Agreements and DR 2-108 (N.Y.S.B.A. 1992).
Along with his brother, Mr. Iovieno runs a charitable foundation that for over 10 years has provided substantial monetary assistance annually to hundreds of children who suffer from chronic, life-threatening illnesses and are from economically challenged families. He has also been active in the local chapter of Big Brothers/Big Sisters. He is an avid golfer, and was awarded the Westchester Golf Association's Caddie Scholarship from 1986-1992.
Selected Professional Awards and Associations
American Bar Association
New York State Bar Association
Restrictive Covenants, Non-Compete Agreements and DR 2-108 (N.Y.S.B.A. 1992)
Covenants Not to Compete and Confidentiality of Information, Employment Law Liability and Coverage (D.R.I. 1999)
Chapter 34: New York,Products Liability: 50 State Handbook (West 1995).
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
In Warhol Art Case, BSF's Defense is a Good Offense (Firm Newsletter Spring 2011)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)
Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)
Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)