OVERVIEW
Kyle’s practice focuses on complex litigation in predominantly antitrust, financial services, and consumer protection matters. Kyle maintains an active practice in the Firm’s New York office after practicing for many years in the Firm’s California office, and he is admitted to practice in New York, California, Washington, D.C., and Puerto Rico. He is experienced at every stage of litigation, including multiple jury and bench trials and appellate court work at both the state and federal level. Kyle’s focus on anticompetitive conduct has led him to represent a diverse group of clients including biotechnology firms, app developers, health insurers, venture capital firms, and others. Kyle also has a robust public entity practice in which he regularly serves as special outside counsel to state and local governments. In his cases, clients and classes he represents have obtained more than $200 million in settlements.
Kyle has particular experience in antitrust cases involving digital markets and cryptocurrency, and currently represents plaintiffs in In Re Google Play Store Antitrust Litigation and In Re Google Digital Advertising Antitrust Litigation. He also currently represents classes of plaintiffs in the manufactured home, gasoline and casino gaming industries as well as purchasers in several protein markets (Beef, Chicken, and Pork).
Kyle is licensed to practice before the state courts of California and the District of Columbia, as well as the federal court of Puerto Rico. He has been recognized for multiple years as a Rising Star in Antitrust Litigation by both California Super Lawyers and the National Law Journal, and was recognized by his peers as “One to Watch” in the field of antitrust for 2024. He was also personally appointed as liaison counsel in In Re Pork Antitrust Litigation.
Kyle is an active member of the American Bar Association’s Antitrust Law Section, the San Francisco Trial Lawyers’ Association, and a member of the Education Committee for the Antitrust and Unfair Competition Law Section of the California Lawyers Association. He is also a frequent speaker on issues relating to complex litigation case management and professional development in antitrust.
Clients
Kyle has represented classes of individuals in state and federal courts across the country, as well as corporate plaintiffs in direct actions. Some of Kyle’s current and former clients include Fortune 500 companies in the insurance and manufacturing industries as well as privately-held companies in the pharmaceutical and technology spaces. Kyle also has substantial experience representing public entities, including states and municipalities as well as affiliated public corporations, in direct actions on behalf of themselves and their citizens.
EDUCATION
American University Washington College of Law, J.D., cum laude, 2014
Emory University, B.A., Middle Eastern & South Asian Studies, 2011
BAR ADMISSIONS
California
District of Columbia
New York
United States District Court for the District of Puerto Rico
AFFILIATIONS
Administrative Law Review, Senior Articles Editor (2013-2014)
American Bar Association - Antitrust Section, Member (2014-present)
San Francisco Trial Lawyers Association, Member, Education Committee (2020-present)
WHAT OTHERS SAY
American Antitrust Institute
- Outstanding Antitrust Litigation achievement in Private Law Practice in 2023 for In re Broiler Chicken Grower Antitrust Litigation
Best Lawyers
Concurrences
- Nominee, Antitrust Writing Awards: Business, Private Enforcement, 2022
Global Competition Review
- Litigation of the Year – Non Cartel Prosecution in 2023: an honor he received as part of the In re Google Play Developer Antitrust Litigation case team
National Law Journal
- Rising Star, Plaintiff's Bar, 2022
Super Lawyers
PUBLICATIONS
Kyle's other publications include:
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"Antitrust enforcement in 2023: The shared ground between public and private enforcement," Lexology (originally published in H.Comp.Bull, no. 9-3 (Winter 2023)), Co-Authored with Luke Streatfeild.
PERSPECTIVES
EXPERIENCE
Antitrust/Competition
- In re Pork Antitrust Litigation - Kyle represents the Commonwealth of Puerto Rico, the first state plaintiff to pursue a direct action, against the nation's leading pork producers alleged to have conspired to artificially constrict the supply of pork products in the U.S. in violation of the Sherman Act.
- In re Automatic Card Shufflers Litigation - Represents a class of casino operators that purchased automated deck shufflers at an artificially high price because of defendants' monopolization of the market. Plaintiffs allege defendants monopolized the market for automated card shufflers through abuse of the patent system and judicial process to exclude and drive out competitors.
- In re Google Play Developer Antitrust Litigation - Represents a class of app developers that sold apps or in-app products via the Google Play store. The developers allege that Google has abused its market power to exclude competing app stores from Android phones, stifling innovation and consumer choice, and resulting in a supracompetitive default 30% transaction fee.
- In re California Gasoline Market Antitrust Litigation - Represents a proposed class of California gasoline purchasers alleging manipulation of a pricing benchmark by SK Energy and Vitol, two dominant trading firms.
- In Re Google Display Advertising Antitrust Litigation - Represents the Commonwealth of Puerto Rico as special outside counsel alongside other state attorneys general alleging that Google eliminated competition through anticompetitive acquisitions and manipulated online advertising auctions it administers through its suite of online advertising tools.
- In re Broiler Chicken Grower Antitrust Litigation – Represents a certified class of broiler chicken farmers (referred to as “Growers”) claim that over twenty of the country’s largest poultry producers, including Tyson, Pilgrim’s, Perdue, Koch Foods, and Sanderson Farms colluded to suppress Grower pay through agreements not to recruit, solicit, or “poach” one another’s Growers and through comprehensive and systematic exchanges of Grower compensation information. Settlements have been reached with Tyson ($21 million), Perdue ($14.75 million), Koch Foods ($15.5 million), and Sanderson Farms ($17.75 million), totaling $69 million and the litigation continues against the sole remaining defendant, Pilgrim’s.
- Keystone Concrete Block & Supply Co. Inc v. Sika AG et al. and M&D Peterson, LLC v. et al. v. Sika AG et al. – two price fixing conspiracy cases between the world’s largest manufacturers of concrete, cement, and mortar admixtures.
- In re Manufactured Home Lot Rents Antitrust Litigation – Hausfeld is co-lead counsel in an antitrust case filed on behalf of a putative nationwide class of manufactured home residents against nine community management companies and a market data provider, Datacomp Appraisal Systems Inc. The Plaintiffs allege that the Defendants conspired to exchange competitively sensitive information and fixed the price of rents at manufactured home lots across the country from at least 2019 through the present.
Commercial & Financial Disputes
- Kabakoff et al. v. Zeneca, Inc.—Kyle represented the current and former equityholders of Amplimmune, a pharmaceutical development firm, in a challenge to AstraZeneca’s alleged failure to make milestone payments due under a merger agreement between the two companies. Kyle was one of the attorneys who presented the case for trial in Delaware’s Court of Chancery, and the case remains ongoing.
