Kenneth L. Chernof practices complex litigation with an emphasis on antitrust and intellectual property litigation.  He is Co-Chair of the Complex Commercial Litigation Practice Group and is also a member of the firm's Policy Committee.

Experience

Mr. Chernof has particular expertise in the area of trademark and related intellectual property litigation, specifically relating to brand integrity litigation involving counterfeit and gray market/illegal imported goods sales. He currently represents one of the nation's largest consumer products companies in a high profile, comprehensive domestic and international brand integrity and trademark litigation effort, involving successful lawsuits in dozens of federal courts against thousands of retailers, suppliers, importers and Internet vendors engaged in the sale of counterfeit or illegally imported products. These lawsuits have resulted in significant and novel rulings in the field of Internet commerce (see, e.g., Philip Morris USA v. Otamedia, Inc., 2004 WL 1878751 (S.D.N.Y., August 19, 2004) after trial, court orders transfer to plaintiff of Internet domain names of defendant who sold illegally imported gray market products via websites); and multi-million dollar damage awards against counterfeiters and gray marketers, see, e.g., Philip Morris USA v. Castworld Products, Inc., 219 F.R.D. 494 (C.D. Cal. 2003) ($2 million judgment against importer of counterfeit products); Philip Morris USA v. Felizardo, 2004 U.S. Dist. LEXIS 11154 (S.D.N.Y., June 17, 2004) (summary judgment against distributor of counterfeit products); Philip Morris v. Tsypkin, (C.D. Cal. 2004) ($8 million judgment against illegal importer of gray market products over internet).

Mr. Chernof also specializes in complex antitrust litigation. He is currently defending clients against price-fixing conspiracy class actions lawsuits that were pending in over forty federal and state court cases across the country. One consolidated set of federal price-fixing cases resulted in a leading 11th Circuit decision on price fixing, Williamson Oil Co. v. Philip Morris USA, 346 F.3d 1287 (11th Cir. 2003). In addition, he is currently defending against multiple antitrust challenges relating to the watershed Multi-State Settlement Agreement entered into between the states and the largest cigarette manufacturers.

From 1997 to 1999, Mr. Chernof served in the Department of Justice as Deputy Associate Attorney General and Chief of Staff to the Associate Attorney General. In those capacities, he worked closely with the Attorney General, the Associate Attorney General, and the Assistant Attorneys General in charge of the Antitrust, Civil, Tax, Environment and Natural Resources and Civil Rights Divisions on a wide range of civil and criminal matters arising out of those divisions. He also worked extensively with the Office of Alternative Dispute Resolution, the White House, other federal agencies, and Congress.

Prior to serving in the Department of Justice, Mr. Chernof practiced complex litigation at Heller Ehrman in Los Angeles.

Representative Engagements

• Mr. Chernof has also defended many consumer class actions, including on behalf of several large financial institutions such as Bank of America, Household and others.