Joseph M. Kay
Partner
Joseph Kay’s practice focuses on antitrust matters, including criminal and civil government investigations and complex civil litigation.
Joseph represents companies and executives in high-stakes antitrust disputes and government investigations. He advises clients across industries on monopolization claims, class actions, and criminal cartel matters, frequently involving parallel federal and state proceedings. He also counsels clients on antitrust risk, crisis management, and strategic response in matters carrying significant legal and reputational exposure.
Joseph joined the firm in 2015 and became a partner in 2025.
Notable Experience
Keurig in monopolization litigation brought by competitors and purported class action plaintiffs.
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).
A dialysis provider in putative class action alleging market allocation and price fixing agreements.
A national health insurer in purported class actions that claim price fixing for out-of-network healthcare services through pricing algorithms.
A national multifamily housing manager in federal and state enforcement actions and multidistrict litigation alleging unlawful use of a pricing algorithm.
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.
Citigroup in connection with investigations relating to sovereign bond trading.
Cargill, Incorporated in connection with DOJ consent decree.
A company in a DOJ investigation into compliance with Section 8’s prohibition on interlocking directorates.
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.
HSBC in sprawling cross-border litigation arising from the Madoff Ponzi scheme, including defending against claims brought in federal, state, and bankruptcy court.
Selected Activities
trigger- Editor, The Columbia Law Review, Columbia Law School
Publications
Whistleblowing in Focus: Recent Developments, Emerging Issues, and Considerations for Companies
FTC and DOJ Release Contingency Plans Ahead of Potential Government Shutdown
Shareholder Engagement Considerations in light of Texas v. Blackrock
Environment, Energy, and Resources Law: The Year in Review 2024
Washington State Enacts Uniform Antitrust Premerger Notification Act
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