Benjamin M. Mundel

BEN MUNDEL represents clients in their most important trial and litigation matters and he counsels clients through their most challenging antitrust and consumer protection regulatory and enforcement challenges. Law360 has recognized Ben as one of five “Rising Stars” in his practice area.

A summary of Ben’s recent matters include:

Trial & Litigation Matters

• Representing a multinational electronic commerce company in an antitrust class action alleging that the client used exclusivity restrictions to maintain its dominance in the audiobook market.  
• Co-lead trial counsel for biotech company in arbitration against contract research organization. Ben initially obtained a precedent-setting preliminary injunction requiring the contract research organization to return clinical trial data and submit to an independent audit. 
• Lead counsel for pharmaceutical company that obtained a priority review voucher from the Food and Drug Administration in trade secret and unfair competition litigation. Case is currently pending in the District of New Jersey.
• Lead counsel for pharmaceutical company in Lanham Act, false advertising and unfair competition litigation pending in the Northern District of California.
• Lead counsel for pharmaceutical company in successful motion before the Judicial Panel on Multidistrict Litigation.
• Obtained dismissal as lead counsel for food company in a consumer class action in the District Court for the District of Columbia and Eastern District of New York.
• Lead counsel for international life sciences company in litigation before the United States Bankruptcy Court for the District of Delaware. Case against clients was dismissed after successful argument.
• Member of trial team for Big Four accounting firm in three-week administrative trial brought by the Securities and Exchange Commission’s Division of Enforcement.

Antitrust and Consumer Protection Litigation

• Representing a multinational electronic commerce company in an antitrust class action alleging that the client used exclusivity restrictions to maintain its dominance in the audiobook market.  
• Counsel for a multinational electronic commerce company in price fixing antitrust class action alleging a conspiracy to limit the distribution of products.
• Counsel for Accor in two antitrust class actions alleging that major hotel chains participated in a hub and spoke price fixing conspiracy.
• Counsel for major food delivery company in series of consumer protection litigation matters including in Pennsylvania, Washington, DC, Chicago, and Los Angeles.  
• Counsel for DIRECTV in action brought by the Federal Trade Commission seeking US$4 billion in damages. The district court granted DIRECTV’s motion for judgment on partial findings after the FTC rested its case-in-chief, and the FTC thereafter dismissed the entire case with prejudice. The case was recognized as a significant victory by the Wall Street Journal, Law360, and the Daily Journal.
• Counsel for Bayer in action filed by the United States Department of Justice and Federal Trade Commission, seeking hundreds of millions of dollars and alleging that Bayer was unlawfully marketing its dietary supplement, Phillips’ Colon Health. After a two-week trial, the Court denied the government’s motion in its entirety.
• Member of trial team representing leading telecommunications company in false and deceptive advertising case brought by the Federal Trade Commission.
• Defended global nutrition company in the enforcement action brought by the Federal Trade Commission.

Antitrust Counseling & Regulatory

Ben also regularly counsels life sciences and other companies in their most important antitrust regulatory and enforcement matters. Ben has responded to dozens of information requests and Civil Investigative Demands to the DOJ and FTC. Ben also counsels companies on antitrust issues related to joint ventures, employment agreements, pricing, distribution agreements, PMB and GPO agreements, sales agreements, exclusive licensing, and more.