Senior Counsel

Gregory M. Sergi


PRACTICE AREAS
  • Commercial Litigation
  • Antitrust and Unfair Competition
  • Class Actions
  • Intellectual Property
EXPERIENCE

Gregory M. Sergi is an experienced litigator whose practice focuses on complex civil litigation in federal and state courts. He was named by Southern California Super Lawyers as a “Rising Star” in antitrust litigation for each year from 2014 to 2018. Greg has litigated cases in trial and appellate courts across the country.  He has handled a wide variety of matters, including cases involving antitrust, class action, constitutional, consumer protection, contract, tort, trademark, unfair competition, and unjust enrichment issues.

Greg has particular expertise in antitrust, unfair competition, and class actions. He has won dismissal of antitrust claims, defeated motions for class certification, and prevailed on preliminary injunction motions.

Greg’s clients have included pharmaceutical companies, entertainment companies, a leading manufacturer of microprocessors, a major freight railroad, a prominent online retailer, and a private equity firm, among many others.

Greg received his J.D. and LLM in International and Comparative Law from Duke University School of Law, where he graduated magna cum laude and Order of the Coif.  During law school, he was an articles editor for the journal Law and Contemporary Problems.  He received his BA in economics from Northwestern University.

Following law school, Greg was a law clerk for the Honorable D. Brock Hornby of the United States District Court for the District of Maine and for the Honorable Pamela A. Rymer of the United States Court of Appeals for the Ninth Circuit.  Before joining Keller Anderle, Mr. Sergi spent seven years at Munger, Tolles & Olson in Los Angeles and two-and-a-half years at Cleary Gottlieb in Washington, D.C.

HONORS AND AWARDS
  • Los Angeles Magazine, Southern California Super Lawyers, Rising Star in Antitrust Litigation (2014-2018)
  • Order of the Coif
REPRESENTATIVE MATTERS
  • An online retailer, intervening on behalf of a state attorney general, in defeating a challenge to the constitutionality of a state’s pricing and distribution regulations under the dormant Commerce Clause in federal district court and the court of appeals.
  • A major pharmaceutical company’s defense on antitrust, unfair competition, consumer protection, and unjust enrichment claims challenging patent licensing terms, including successfully opposing motions for class certification by two different proposed classes.
  • A provider of flight training services in winning dismissal of federal antitrust and state tort law claims challenging exclusivity provisions with an aircraft manufacturer.
  • A private equity firm in obtaining a preliminary injunction in federal district court to enforce “change in control” provisions of a joint venture agreement, and then representing the firm in subsequent JAMS arbitration proceedings.
  • A building products manufacturer in successfully opposing a motion to dismiss a challenge, under Section 7 of the Clayton Act, to a consummated merger.
  • A leading freight railroad company in the defense of multiple antitrust claims in federal district court related to alleged agreements with competitors to fix fuel surcharges and allocate customers.
  • A large pharmaceutical company in a nationwide MDL in the defense of antitrust, unfair competition, consumer protection, and unjust enrichment claims challenging an alleged “reverse-payment” settlement of prior patent litigation.
  • An online retailer in administrative proceedings, including trial, brought by the Federal Trade Commission relating to trademark litigation settlement agreements that allegedly restrained keyword advertising on Internet search engines.
  • A large financial institution in successfully obtaining the dismissal of claims challenging the disclosures associated with the acquisition in 2008 of a major provider of residential mortgages.
PUBLICATIONS
  • Contributor to ABA, ANTITRUST LAW DEVELOPMENTS, sections on civil government enforcement, private antitrust suits, and price discrimination (2010-2017).
  • Co-author of chapter on tying and bundled discounts in ABA, ANTITRUST LAW AND ECONOMICS OF PRODUCTION DISTRIBUTION (2016).
  • Contributor to ABA, CONSUMER PROTECTION LAW DEVELOPMENTS, sections on the CAN-SPAM Act and Telephone Consumer Protection Act (2011-2016).
  • Contributing Editor to ABA Section of Antitrust Law, A Primer on the Federal Price Discrimination Laws (2015).
  • Stuart N. Senator and Gregory M. Sergi, Noerr-Pennington: Safeguarding the First Amendment Rights to Petition the Government, Competition Law Journal (Spring 2014).
  • Gregory M. Sergi, RPM Counseling in a Leegin/Non-Leegin World, The Price Point (Publication of the ABA Section of Antitrust Law) (Summer 2013).
  • Gregory M. Sergi & Clemens Ziegler, Getting the Deal Through When Time Is of the Essence – Antitrust Strategies for Time Sensitive Transactions, ABA Section of Antitrust Law, The Threshold (Spring 2010).
  • Silja Baller & Gregory Sergi, A Negotiator’s Guide to Regional Trade Agreements: Considerations from an East-Asian Perspective, The World Bank (2008).
  • Steven L. Schwarcz & Gregory M. Sergi, Bond Defaults and the Dilemma of the Indenture Trustee, 59 ALA. L. REV. 1037 (2008).