Danielle R. Foley
Partner
Danielle represents clients across a broad range of industries, including food and agriculture, publishing, real estate, construction, and manufacturing, in complex litigation, and government investigations. She has extensive experience handling all phases of litigation, from motions to dismiss and class certification through expert discovery, summary judgment, trial, and appeals, including in multidistrict class actions. Beyond the courtroom, she conducts internal investigations and advises clients on proactive risk management including antitrust compliance and strategic business decisions.
Experience
Experience
Representative Matters
Antitrust and Unfair Competition
- Won summary judgment on behalf of Perdue against claims brought by two separate classes and multiple opt-out plaintiffs alleging ten defendants conspired to raise prices, restrict supply, and share competitively sensitive information through benchmarking services in the turkey industry (In re Turkey Antitrust Litigation)
- Won motion to dismiss an antitrust class action complaint alleging that Sage Publications conspired with five other publishers of peer-reviewed scholarly journals and a trade association to suppress competition among the scholarly journals and to suppress compensation for peer reviewers (Uddin v. Elsevier, et al.)
- 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 Currently serving as co-liaison counsel for the defendants and representing Perdue in related follow-on litigation, brought by numerous other opt-out plaintiffs (In re Broiler Antitrust Litigation)
- Defending asphalt producer and road paving company Francis O. Day Co., Inc., in antitrust action brought by plaintiff alleging a conspiracy among multiple companies and an industry association to drive it out of business (Team Cam, LLC v. Reliable Contracting Co., et al.)
- 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)
- Defended Perdue against antitrust class actions brought by poultry and meat plant workers alleging that certain companies, along with two benchmarking services, conspired to fix plant worker wages and continuing to represent the client in related litigation
- 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
- Defending shipper against claims brought by putative class regarding now defunct IEPPA tariffs
- 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
Insights
Insights
Credentials
Credentials
Education
- 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 Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Sixth 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 Eastern District of New York
- U.S. District Court for the Southern District of New York
Professional Memberships and Activities
- Former member, Board of Directors, Washington Lawyers’ Committee
Recognition
Recognition
- 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