Karma M. Giulianelli
Karma Giulianelli tries cases for Fortune 500 companies all over the country. With nearly 24 years of experience, her cases have included a range of bet-the-company cases, including antitrust, contract, product liability, fraud and securities cases.
Her representations have included the Canadian government in a case involving civil RICO claims against R.J. Reynolds; Micron Technology in a case against Rambus involving misconduct in the standard setting arena; I.E. DuPont de Nemours & Company in products liability trials in Florida; various pharmaceutical companies in confidential mediations and False Claims qui tam cases; Tyco International Ltd. in securities litigation; and Hewlett-Packard in multiple Plaintiff side antitrust cases. In addition, Karma represented Massachusetts Mutual Life Insurance, Inc. in securities cases against certain underwriter banks regarding the sale of residential mortgage backed securities in the mid-2000s.
Karma has tried cases in numerous venues, including three jury cases to verdict for DuPont with exposure in the hundreds of millions. Most recently, Karma has taken a lead role in two antitrust trials for Sabre, a travel distribution platform, including a 10-week federal jury trial in New York brought by US Airways involving an alleged conspiracy and agreements in the airline ticket distribution market. The jury rejected the alleged conspiracy claim, gave Plaintiff a verdict on the remaining claim, but awarded only $ 5 million in damages, resulting in the successful elimination of 99% of the alleged $1.4 billion damages. The Second Circuit reversed the verdict for Plaintiff and remanded the case for a new trial.
In the past year, clients have selected Karma to first chair and co-first chair multiple trials, including for a large consumer appliance manufacturer (resulting in two week jury trial); OtterBox (a case with a $100M exposure that settled on extremely favorable terms right before trial); and Bayer (a case that was set for trial in December 2019).
Karma joined the firm in 1999 after she served on the United States v. Microsoft trial team for the Department of Justice. Prior to joining Bartlit Beck, she was a trial lawyer in the Honors Program at the Antitrust Division of the United States Department of Justice. While at the Antitrust Division, she worked on both criminal and civil antitrust matters, including merger and non-merger matters. Ms. Giulianelli was a member of the team investigating Microsoft's Internet-related conduct in 1996. After participating in the October 1997 case against Microsoft alleging violations of the Consent Decree, she continued as a member of the core trial team in United States v. Microsoft, which was filed in May 1998.
Kama has served as an Adjunct Professor of Antitrust Law at the University of Colorado, was named.one of Colorado’s Top Women Lawyers and recognized as one of Colorado’s “Rising Stars” in 2010 and 2011. She graduated from Stanford Law School Order of the Coif, Magna Cum Laude.
United States v. Microsoft
Member of the 4 person core team investigating Microsoft's Internet-related conduct in 1996.
U.S. v. Microsoft (consent decree case) - October 1997
Consent Decree violation case against Microsoft alleging violations of the 1994 Consent Decree. Member of trial team (1997-1998).
U.S. v. Microsoft (monopolization case) - Filed May 1998
Represented the United States in the Microsoft antitrust trial in the District Court for the District of Columbia. Member of trial team. One of primary drafters of complaint and theory of the case; took key trial depositions; responsible for economic experts and preparing them to testify for the United States; one of primary drafters of proposed findings of fact and conclusions of law, which were accepted by Judge Jackson and affirmed by the D.C. Circuit.
Merger, civil and criminal investigations
Extensive work on civil merger, civil, and criminal investigations (including grand jury)
Representative Private Practice Litigation
YAZ/Yasmin Product Liability Litigation
Trial counsel for Bayer in product liability litigation alleging arterial venous thrombosis caused by the oral contraceptive Yasmin. Case followed MDL in the Southern District of Illinois and large, coordinated state-court proceedings in California, New Jersey, and Pennsylvania. Case settled favorably in advance of trial.
Gordon, et al. v. Sabre (S.D.N.Y.)
Represent Sabre as co-lead trial counsel in case brought as putative class action by purchasers of airline tickets. Plaintiffs claim Sabre conspired with its competitor "global distribution services" operators, Amadeus and Travelport, to require certain terms in their contracts with airlines, which allegedly caused Plaintiffs to overpay for their airline tickets. Won a motion to dismiss 100% of Plaintiffs’ claimed damages. Class certification denied in light of claims for equitable relief only. After denial of class certification, individual settlements with the handful of former class representatives were achieved.
U.S. Airways v. Sabre (S.D.N.Y.)
Lead trial counsel for Sabre in antitrust action relating to contracts between U.S. Airways (now American Airlines) and Sabre concerning Sabre’s Global Distribution System. U.S. Airways sought $1.4 billion in trebled damages. Won summary judgment on claim for injunctive relief and over 75% of Plaintiff's damages claim. Won $6 million costs/attorneys’ fees award. After a ten-week jury trial, won defense verdict on one claim and elimination of 99% of total damages Plaintiff had sought on second claim. Also won denial of declaratory and injunctive relief. The Second Circuit subsequently vacated the jury’s liability finding and remanded the case for a new trial. Trial date pending.
Claim for Large Consumer Goods Manufacturer (Illinois State Court, Cook County)
Hired as lead trial counsel six weeks before trial in a case with a lengthy history, alleging legal malpractice relating to advice on antidumping and countervailing duties. After two-week trial, judge permitted case to go to the jury and jury returned defense verdict.
Confie Seguros Holding II Co. v. J.C. Flowers & Co. LLC. (N.D. Ill.)
Represented J.C. Flowers, a private equity firm, in connection with alleged securities fraud resulting from the sale of certain insurance assets to Plaintiff Insurer Confie Seguros Holding II Co.
Sycamore IP Holdings, Inc. v. AT&T Corp. et al. (lead case) (E.D. Tex)
Representing Sycamore IP Holdings Inc. in patent litigation against AT&T Corp., Century Link, Verizon and Level 3 in connection with a patent for a method of transparent transcoding to convert certain Ethernet signals to optical transmission signals.
Massachusetts Mutual Life Ins. Co. Residential Mortgage-Backed Securities Litigation (Federal District Court, District of Massachusetts)
Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Credit Suisse and Goldman Sachs, arising from their sales of residential mortgage-backed securities to MassMutual in 2005-2007. Credit Suisse settled after four weeks of trial, taking an additional $79.5 million charge to earnings because of the settlement payment. Goldman Sachs settled shortly thereafter.
Foreign Trade Corp., d/b/a Technocel v. Otter Products, LLC, et al; Otter Products, LLC v. H.L. Dalis, Inc.; Otter Products, LLC v. Wireless Xcessories Group, Inc., (U.S. District Court, D. Colorado)
Lead counsel for OtterBox in antitrust cases brought by former distributors alleging violations of Section 1 in connection with distribution agreements and an alleged group boycott. Motion to dismiss granted in February 2017 dismissing all antitrust claims against OtterBox.
Deutsche Lufthansa AG et al. v. Sabre (Tarrant County, Texas)
Trial counsel for Sabre in breach of contract action relating to Lufthansa’s imposition of a surcharge on customers who book tickets through Sabre. Case pending.
State Compensation Insurance Fund v. Khan et. al. (C.D. Cal.)
Trial counsel for defendants, a group of medical service providers, in RICO action brought by State Compensation Insurance Fund. Plaintiff alleged that defendants submitted fraudulent medical bills, and sought over $100 million in damages. Secured dismissal of all claims against Defendants on summary judgment.
In re Optical Disk Drives Product Antitrust Litig. (Hewlett-Packard vs. L.G. Electronics Inc. et. al) (N.D. California)
Represented Plaintiff Hewlett-Packard in antitrust case involving alleged conspiracy to fix prices for ODD products. Case pending as part of MDL proceedings in NDCA.
Administradora v. E.I. DuPont de Nemours & Co., Inc. (Florida, Miami-Dade County State Court)
Represented DuPont in three-week jury trial of product liability action involving Benlate fungicide. Plaintiff, a large Costa Rican citrus producer, claimed $42 million damages. The jury found plaintiff 60% contributorily negligent and awarded substantially reduced damages, resulting in an award of a small fraction of plaintiff’s claim. Post-trial cross-motions are pending.
American Airlines v. Sabre (Texas, Tarrant County State Court and N.D. Tex., 2010-2012)
Trial counsel for Sabre in breach of contract and antitrust actions relating to the display of American's flight and fares in Sabre's Global Distribution System. American claimed $1 billion dollars in damages. Jury trial in Texas state court. Case settled favorably during trial.
NBA Players Association v. National Basketball League
Advised the NBA Players Association regarding potential antitrust claims against the NBA during the 2011 NBA lockout.
In re Flat Panel LCD Antitrust Litigation (N.D. Cal.)
Represented Hewlett-Packard in litigation relating to claims of price fixing by several major foreign manufacturers of flat-panel LCD displays.
United States of America ex rel. Oberg v. Nelnet et al. (E.D. Va.)
Represented Nelnet in qui tam action under Federal False Claims Act. Relator alleged that Nelnet submitted false claims for hundreds of millions of dollars in student loan subsidies. Case settled immediately before jury selection.
RealNetworks, Inc. v. DVD CCA, et al. (N.D. Cal.)
Represented RealNetworks in preliminary injunction proceedings in U.S. District Court, Northern District of California in which movie studios claim that RealNetworks “RealDVD” product violates the Digital Millenium Copyright Act, and seek to enjoin its distribution. Case involves antitrust claims against the major movie studies based on their collective agreement to prohibit the individual authorization to copy studio content on DVDs.
Tyco International Ltd. v. Swartz (S.D.N.Y.)
Trial counsel for Tyco in case against former CFO for improperly received compensation in SDNY. Obtained order in favor of Tyco after bench trial.
Tyco International Ltd. v. Kozlowski (S.D.N.Y.)
Trial counsel for Tyco in breach of fiduciary duty and conversion suit against former CEO. Case settled.
In re Tyco Securities Litigation
Represented Tyco in multiple class action securities claims.
In re TyCom Ltd. Securities Litigation (D. N.J.)
Represented Tyco International in class action suit in which plaintiffs sought over $1 billion in damages for alleged securities fraud. Plaintiffs alleged that Tyco violated Section 10(b) of the Securities Exchange Act and Section 11 of the Securities Act in connection with the July 2000 TyCom IPO. The case settled favorably before trial.
Overby v. Tyco International Ltd. (ERISA Litigation) (D. N.H.)
Represented Tyco International in class action suit brought under ERISA on behalf of participants in Tyco's retirement plans. Plaintiffs sought over $1 billion in damages, case settled favorably for Tyco.
Brazen v. Tyco International (Illinois, Cook County State Court)
Represented Tyco in class action securities law claim relating to registration statement issued by Tyco in connection with a merger with Mallinckrodt. Case settled.
Super Helechos, et al. v. E.I. DuPont de Nemours & Co., Inc. (Florida, Miami-Dade County State Court)
Represented DuPont in 10-week Miami jury trial of product liability claims involving Benlate fungicide. Plaintiffs, 27 Costa Rican farms, claimed $396 million damages.
Trial court entered directed verdicts for DuPont on all claims of most of the largest plaintiffs (constituting 60% of plaintiffs’ total claimed damages). Jury awarded other plaintiffs a small fraction of amounts sought.
Florida court of appeals (1) affirmed directed verdicts for DuPont on claims of the largest plaintiffs, and (2) reversed all jury verdicts for other plaintiffs due to numerous trial court errors.
TicoFrut, S.A. v. E.I. DuPont de Nemours & Co., Inc. (Florida, Miami-Dade County State Court)
Represented DuPont in Miami state court jury trial of product liability claims involving the fungicide Benlate®. TicoFrut, the main citrus grower and processor in Costa Rica, sued DuPont claiming that Benlate® hurt the production of orange trees in Costa Rica. TicoFrut sought $172 million compensatory damages and an undisclosed amount of punitive damages. Trial lasted six weeks in Miami-Dade County Court. The jury deliberated for five hours before returning a verdict for DuPont, finding no liability
Confidential Pharmaceutical Mediation
Represented pharmaceutical company in connection with pre-litigation mediation. Opposing party claimed substantial damages stemming from alleged antitrust violations, breach of contract, tortious interference, and fraud involving the alleged monopolization of the active ingredient used to manufacture client's medicine. Case settled on favorable terms involving a supply agreement providing present and future payments to our client of at least $30 million.
LSI Logic Corp. v. Broadcom Corp. et al. (Colo. D. Ct. 2005)
Represented defendant Broadcom Corporation and seven of its employees in suit by LSI Logic alleging trade secret misappropriation, improper solicitation, breach of contract, and tortious interference. The alleged trade secrets concerned analog and mixed signal processing technology and chip design. Case resolved for $0.
WestRM-West Risk Markets, Ltd. vs. Lumbermens Mutual Casualty Company, et al. vs. AIMCO, et al. (S.D.N.Y.)
Represented AIMCO in the U.S. District Court for the Southern District of NY in a case regarding liability under alleged premium finance agreements and bonds.
AIMCO v. Nat’l Union Fire Insurance of Pittsburgh, PA, et al. (Colo. D. Ct.)
Represented AIMCO in the U.S. District Court for the District of Colorado regarding an insurance coverage and breach of insurance contract dispute. Case settled.
AIMCO vs. Cananwill, Inc., and Combined Specialty Insurance Company f/k/a Virginia Surety Company, Inc. (Colo. D. Ct.)
Represented AIMCO in the U.S. District Court for the District of Colorado regarding the misappropriation by a premium finance and insurance company of return premiums. Case settled.
AIMCO vs. Lumbermens Mutual Casualty Company (Colo. D. Ct.)
Represented AIMCO in the U.S. District Court for the District of Colorado regarding breach of surety bond agreements. Case settled.
Lumbermens Mutual Casualty Company, et al. v. AIMCO, Ray Baldwin, and Swain and Baldwin Insurance
Represented AIMCO in the U.S. District Court for the Southern District of NY in a case regarding an alleged conspiracy in obtaining surety bond agreements. Case settled.
Cananwill, Inc. vs. AIMCO, Greenwich Insurance Company, et al. (New Jersey, Morris County Superior Court)
Represented AIMCO in the Superior Court of New Jersey, Morris County Law Division, regarding alleged liability under alleged premium finance agreements. Case settled.
Micron Technology v. Rambus, Inc. (U.S. District Court, Delaware)
Represented Micron Technology in action seeking a declaratory judgment that Rambus patents relating to Dynamic Random Access Memory (“DRAM”) chips are invalid, unenforceable and not infringed. Case also involved antitrust and fraud claims relating to Rambus misconduct in connection with industry standard-setting activities.
Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc., et al. (N.D.N.Y.)
Represented Canadian government in prosecution of civil RICO claim against R.J. Reynolds seeking more than $1 billion in damages caused by tobacco companies’ scheme to smuggle tobacco into Canada and avoid Canadian taxes.
Aquilex Services, Inc. v. Frank Novak, Phil Hulsizer
Represented Aquilex in an arbitration regarding a dispute regarding a net worth purchase price adjustment.
Aquila Power Services Corporation v. Aquila, Inc.
Represented Aquila Power Services in the Southern District of Texas regarding a trademark and tradename dispute. Case settled.
Routinely provide confidential antitrust counseling for large corporations, including:
Represented pharmaceutical company in connection with allegations of anticompetitive conduct in the market for certain drugs, with claimed damages of $1 billion. Case settled favorably for company, without payment of any claimed damages.
Confidential antitrust counseling to manufacturer of aircraft replacement parts regarding claims involving aftermarkets and issues similar to those in Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451 (1992).
Confidential antitrust counseling related to collective setting and tying of interchange fees to the acceptance of credit cards.
- Super Helechos, et al. v. DuPont (2009)
- Bartlit Beck Defeats Product Liability Claim Where Plaintiff Sought $172 Million Plus Punitive DamagesTicoFrut v. DuPont (2005)