Joseph M. Kay
Partner
Joseph Kay’s practice focuses on antitrust matters, including criminal and civil government investigations and complex civil litigation.
He has represented domestic and international clients in federal, state, and bankruptcy courts, as well as in government investigations.
Joseph joined the firm in 2015 and became a partner in 2025.
Notable Experience
-
A national multifamily housing provider in government enforcement action and multidistrict litigation alleging unlawful use of a pricing algorithm.
-
A national health insurer in securing voluntary dismissal of class action claims alleging price fixing in connection with repricing for out-of-network providers.
-
Equifax in class action litigation related to alleged monopolization of electronic verification of income and employment services.
-
Keurig in monopolization litigation brought by competitors and purported class action plaintiffs.
-
Former CEO of Pioneer Natural Resources in challenging the FTC’s decision to ban him from serving on the Exxon board and related multidistrict class action litigation alleging price fixing.
-
Cargill, Incorporated in connection with DOJ consent decree.
-
JetBlue Airways in a federal trial brought by the U.S. DOJ and state AGs to block its $3.8 billion acquisition of Spirit Airlines.
-
Multiple non-public grand jury and government investigations relating to alleged antitrust violations (i.e., price-fixing, market allocation, bid-rigging, and no-poach arrangements).
-
Citigroup in connection with investigations relating to sovereign bond trading.
-
HSBC in sprawling cross-border litigation arising from the Madoff Ponzi scheme, including defending against claims brought in federal, state, and bankruptcy court.
-
Bosch before coalition of State Attorneys General in an investigation into emissions cheating scandal.
-
Petrobras in securities fraud litigation relating to Operation Car Wash.
Selected Activities
trigger- Editor, The Columbia Law Review, Columbia Law School
Publications
-
Second Circuit Clarifies Spoliation Law in Hoffer v. Tellone
-
Antitrust Agencies Issue Revised Labor Guidance in Waning Days of Biden Administration
-
DOJ Antitrust Creates Guidance for Evaluating Antitrust Compliance Programs
-
Merger Safe Harbor for Sherman Act Violations Punishes Innocent Acquirors
-
Fourth Circuit Emphasizes Narrowness of the Per Se Rule in U.S. v. Brewbaker
-
Court Ends Antitrust No-Poach Trial in U.S. v. Patel With Judgment of Acquittal
-
FBI Director: FBI Might Not Share Information With Adversarial Authorities
Events