Philip J. Iovieno

Partner
Albany

t: 518 434 0600
f: 518 434 0665

piovieno@bsfllp.com

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Areas of Practice

Litigation

Antitrust

Education

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

Admissions

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 specializes in antitrust and complex commercial litigation. He 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 variety of antitrust matters, including class actions, government investigations and competitor cases. Some of his 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 6^th 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;
Currently representing the direct purchaser class in the case of In Re Graphics Processing Units Antitrust Litigation, pending in the NDCA, which involves claims of illegal price-fixing against Nvidia, AMD and ATI; 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. He is currently representing 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.

Other notable representations in these areas include:

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/anthologist 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 raised tens of thousands of dollars annually for children with chronic, life-threatening illnesses and who 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

Selected Publications

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).