Tammy A. Tsoumas
Overview
Tammy Tsoumas represents leading U.S. and multinational corporations in antitrust and other complex commercial litigation matters including price-fixing, monopolization, patent licensing and restraint of trade, unfair competition, wrongful death, and bankruptcy matters. She has experience in federal and state courts across the country and in complex multidistrict litigation, representing clients in diverse industries such as transportation, technology, electronics, media, manufacturing, and financial services.
Tammy’s experience includes years of representing and counseling clients in high-profile litigation matters, including authoring and arguing key motions and defending critical depositions. Among her cases was one in which Kirkland & Ellis won a motion to dismiss approximately $4.5 billion in claims against approximately 430 client defendants. The dismissed claims included actions for fraudulent transfers, preferences, equitable subordination and equitable disallowance.
In April 2018, Tammy was named to the Los Angeles Business Journal’s list of “Most Influential Women Attorneys." In 2017 and 2018, she was recognized by The Legal 500 U.S. for her antitrust work. Tammy also has been recognized as one of Southern California’s “Rising Stars” by Super Lawyers from 2013 to 2017.
Experience
Representative Matters
Antitrust Litigation
- Representing Taiwanese airline in a multidistrict putative class action alleging that domestic and foreign airlines conspired to fix prices and surcharges on transpacific flights. Kirkland won a motion for summary judgment in part regarding the filed rate doctrine and Tammy argued the appeal on behalf of the joint defense in front of the Ninth Circuit Court of Appeals.
- Representing Japanese electronics manufacturer in a pending putative class action alleging that certain electronics manufacturers conspired to fix and stabilize the prices of inductors.
- Representing DIRECTV in several antitrust class actions, currently pending in the Central District of California, brought by residential and commercial subscribers of NFL Sunday Ticket. Plaintiffs allege that they have been overcharged for the televised presentation of out-of-market NFL games due to the NFL’s and DIRECTV’s agreement to exclusively broadcast out-of-market games through the NFL Sunday Ticket package. Plaintiffs claim that the exclusive agreement between DIRECTV and the NFL violated both Section 1 and Section 2 of the Sherman Act.
- Represented Taiwanese airline in a multidistrict putative class action litigation alleging that global air cargo carriers conspired to fix, raise, maintain or stabilize prices by coordinating certain surcharges and agreeing to eliminate or prevent discounting of surcharges. A favorable settlement was finalized for the client.
- Represented DIRECTV in a class action antitrust matter regarding out-of-market programming for Major League Baseball games, with fans arguing that MLB’s long-standing policy of only selling league-wide cable and online game packages and its territorial blackout policies ran afoul of federal antitrust law. A settlement was reached between the parties right before trial was set to begin in January 2016 in the Southern District of New York.
- Represented glass manufacturer in multidistrict litigation proceedings in which plaintiff alleges a price-fixing cartel among flat glass manufacturers.
- Represented rental car company in a putative class action lawsuit relating to passenger car rentals at California airport locations. The plaintiffs alleged that the defendant rental car companies violated federal antitrust law by allegedly agreeing to pass on a California tourism assessment fee and airport concession fees to renters of passenger cars at California airport locations. The parties reached a class-wide settlement, and the district court entered final approval. Certain objectors to the settlement filed appeals in the U.S. Court of Appeals for the Ninth Circuit, but subsequently dismissed them.
- Represented rental car company in a federal lawsuit in the Western District of Washington brought under Section 7 of the Clayton Act arising out of the rental car company’s proposed acquisition of another rental car company. The plaintiffs sought a preliminary injunction alleging that the proposed acquisition was anticompetitive and would cause injury to their businesses and to individual car renters throughout the United States. Tammy and the Kirkland team argued that the claims were not valid given the Federal Trade Commission’s ongoing review of the proposed acquisition. The district court agreed and granted the motion to dismiss. The plaintiff did not appeal.
- Represented patent holder in litigation where competitor was prosecuting federal and state claims for alleged monopolization, Walker-Process violations, exclusive dealing, tying and other antitrust theories.
- Represented Hollywood movie studio in antitrust litigation filed by distributor alleging a vertical conspiracy to boycott.
Toxic Tort/Wrongful Death & Product Liability Litigation
- Represented commercial airplane manufacturer in a lawsuit alleging product liability claims resulting from an alleged aviation incident.
- Represented company in multiple toxic tort cases involving a couple facilities wherein plaintiffs allege that certain chemicals caused their cancers.
- Represented a chemical company in multiple cases involving alleged injuries resulting from alleged asbestos-contaminated talc.
Other Commercial Litigation
- Representing real estate entity in post-judgment collection proceedings, involving claims of fraudulent transfers, alter ego, and veil piercing theories.
- Represented real estate entities in a lawsuit brought by a Homeowners Association alleging various claims, including breach of contract and breach of fiduciary duty.
- Represented gasoline retailer in class action lawsuit brought on behalf of consumers alleging unfair competition and misrepresentation associated with grade of residual fuel in fuel dispensers.
- Represented insurance wholesale brokerage firm in dispute over enforcement of restrictive covenants in employment agreements.
- Represented affiliates of a global bank in multiple actions brought by institutional investors alleging federal and state securities law violations arising out of the sale of residential mortgage-backed securities. After nearly five years of litigation, the parties reached a no-fault settlement resulting in the dismissal of all claims. The settlement came on the heels of a successful summary judgment ruling, which reduced plaintiffs’ potential damages by hundreds of millions of dollars.
Clerk & Government Experience
Law ClerkHonorable Johnnie B. Rawlinson, Circuit JudgeUnited States Court of Appeals for the Ninth Circuit2006–2007
More
Thought Leadership
Publications
“Put Me In, Coach: The Ethics of Witness Preparation,” ABA Section of Antitrust Law – Compliance and Ethics Spotlight, March 2015
“The Illinois Brick Wall: Standing Tall,” Journal of Antitrust & Competition, Spring 2011
“Federal Circuit Issues Decision Regarding 'Patent Misuse' Affirmative Defense,” Kirkland & Ellis Alerts, April 2009
Seminars
“Antitrust Monopolization Developments,” American Bar Association 2014 Spring Meeting, Los Angeles, April 2014
“The Nuts and Bolts of a Monopoly Case,” Unilateral Conduct Committee and The Young Lawyers Division Antitrust Law Committee, January 2013
Recognition
“Most Influential Women Attorneys,” Los Angeles Business Journal, 2018
Recognized in The Legal 500 U.S. for Antitrust, 2017–2018
"Rising Star" Southern California Super Lawyers, 2013–2017
Credentials
Admissions & Qualifications
- 2007California
Courts
- United States Court of Appeals for the Ninth Circuit
- United States District Court for the Central District of California
- United States District Court for the Southern District of California
- United States District Court for the Eastern District of California
- United States District Court for the Northern District of California
Education
- University of California, Los Angeles, School of LawJ.D.2006Order of the Coif
- Brown UniversityB.A., Business Economics2003Attended the London School of Economics, 2001–2002