Danielle R. Foley

Foley Danielle

Danielle Foley is a trial lawyer with extensive experience in class action and multi-party litigation involving antitrust, false advertising, breach of contract, business tort, and unfair competition claims. Danielle has defended clients in these matters against the Federal Trade Commission (FTC), state attorneys general, and private plaintiffs. Notably, she defended pharmaceutical companies as trial counsel in three "reverse payment" jury trials held under the U.S. Supreme Court's landmark decision in FTC v. Actavis. Danielle has also represented clients in investigations by the FTC and state attorneys general, conducted internal investigations, and provided antitrust counseling to clients in various industries.


Representative Matters

Antitrust and Unfair Competition

  • Won summary judgment on behalf of Perdue in an action brought by multiple classes and opt-out plaintiffs involving allegations that defendants engaged in a conspiracy to restrict the supply of broiler chickens. Argued for summary judgment on behalf of all defendants and served as co-liaison counsel for the defendants (In re Broiler Antitrust Litigation)
  • Currently defending Perdue in ongoing federal and state attorney general actions alleging conspiracies in the broiler industry
  • Defending a property owner and manager in sprawling multi-district antitrust litigation involving an alleged conspiracy to fix rental prices in multifamily rental properties
  • Obtained a unanimous defense victory after a seven-week trial on behalf of a pharmaceutical company in a multi-billion-dollar antitrust class action in the first “reverse-payment” trial (In re Nexium [Esomeprazole] Antitrust Litigation)
  • Defending Perdue in several class actions alleging conspiracies to restrict supply and increase prices in the turkey industry
  • Won motion to dismiss on behalf of a pharmaceutical company against antitrust and Lanham Act claims arising from alleged sham patent litigation
  • Defended a pharmaceutical company in a long-running action alleging antitrust claims arising from the settlement of patent litigation. Defeated motions for certification of both direct purchaser and end-payor classes. Obtained a precedential opinion on class certification from the Third Circuit (In re Modafinil Antitrust Litigation)
  • Defended a generic pharmaceutical company as trial counsel against a class action and individual antitrust claims arising from settlement of patent litigation involving generic drug products. Obtained favorable settlements after a multi-week trial (In re Solodyn Antitrust Litigation)
  • Defended pharmaceutical companies in multi-district litigation involving claims brought by private plaintiffs and state attorneys general alleging an industry-wide price-fixing conspiracy
  • Represented a pharmaceutical company in a New York attorney general antitrust investigation of whether the company's agreement with another pharmaceutical company constituted an unlawful agreement to delay the entry of generic products
  • Prosecuted claims on behalf of an opt-out purchaser in a major antitrust action involving a worldwide price-fixing conspiracy
  • Defended a major oil and gas company against antitrust conspiracy claims brought by the state of Hawaii

Other Class Action Experience

  • Successfully defended against three class action lawsuits alleging violation of Florida’s wiretap statute by use of session replay software on commercial websites. Obtained a favorable motion to dismiss ruling and voluntary dismissals
  • Represented a bank against a class action involving claims arising from overdraft fees. Plaintiff voluntarily dismissed complaint in response to motion to dismiss
  • Defended a consumer products company against six class action lawsuits across the country involving false advertising and unfair competition claims

Other Complex Litigation Experience

  • Representing a special servicer in a breach of contract action
  • Represented Taylor Swift in a landmark, high-profile sexual harassment lawsuit, adverse to an on-air radio personality, resulting in a jury verdict for Ms. Swift on all claims and defenses (Mueller v. Swift)
  • Prosecuted securities fraud litigation against an energy-conversion company and its founder. Obtained a multi-million-dollar judgment for the client (Frank Carlucci v. Envion, et al.)
  • Prosecuted rights of publicity and privacy claims on behalf of an internationally recognized professional athlete (Eldrick "Tiger" Woods, Elin Nordegren Woods, & Privacy, Ltd. v. Christensen Shipyards, Ltd. & Carol Williamson & Associates)
  • Defended an actor in trial against claims of violation of a morality clause in an endorsement contract (Corbin Bernsen v. Innovative Legal Marketing, LLC)
  • Prosecuted breach of contract claims against a yacht manufacturer and obtained a jury award in favor of the client
  • Prosecuted a multi-million-dollar breach of contract, fraud, and tortious interference action on behalf of a pharmaceutical manufacturer
  • Represented an industrial automation company in multifaceted patent infringement litigation
  • Prosecuted claims in a multi-week trial under the Americans with Disabilities Act on behalf of visually and manually impaired voters




  • J.D. Boston College Law School 1998
    • Executive editor, Boston College Third World Law Journal
  • B.A. summa cum laude Boston College 1995
    • Phi Beta Kappa

Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the District of Maryland
  • U.S. District Court for the Southern District of New York

Professional Memberships and Activities

  • Former member, Board of Directors, Washington Lawyers’ Committee


  • Law360, Legal Lions
  • Global Competition Review, Antitrust Litigation
  • Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Outstanding Achievement Award, 2004
  • American Association of People with Disabilities, “Justice for All” Voting Rights Project Award, 2004
  • Maryland Legal Services Corporation, Arthur Machen Award for Extraordinary Service to the Poor, 2000