Jennifer Oliver Image

Education

The University at Buffalo – 2007
J.D. / MBA

The University at Buffalo – 2003
BA: Business

Member, University at Buffalo School of Law Dean’s Advisory Council


Admission

State Bar of California

State Bar of New York

State Bar of New Jersey

Jennifer M. Oliver


Partner

Ms. Oliver joined MoginRubin LLP in 2017 after nearly ten years practicing as a complex business litigator in the New York office of Weil, Gotshal & Manges LLP. Jennifer’s practice is focused on antitrust, as well as complex business and investment litigation. Her previous clients include General Electric, Lehman Brothers, Bridgestone, Washington Mutual, The Walt Disney Company, ESPN, The Dow Chemical Company, General Motors, The Port Authority of New York and New Jersey, Forbes, and American Airlines. Jennifer’s experience includes active roles in several high-profile jury trials, serving as lead counsel in complex mediations, and arguing before courts at both the trial and appellate levels. In addition to her merger and cartel work, Jennifer has also litigated trade secrets, RICO conspiracies, securities fraud, unfair trade practices, breaches of contract and privacy cases. A strong advocate for pro bono work, Jennifer was a member of the pro bono team in the seminal Supreme Court case Ashcroft v. Iqbal.

Jennifer earned her B.S. (Business Administration), M.B.A., and J.D. degrees from the University at Buffalo, each with honors, where she also served as the Vice President of the undergraduate student body and was an editor of the Buffalo Law Review and Buffalo Intellectual Property Law Journal. Jennifer is admitted to practice law in the Southern District of New York, Eastern District of New York, Northern District of California, Central District of California, and Southern District of California, and is an IAPP Certified Information Privacy Professional. She has also lived and worked in Tokyo, where she studied international law and worked as a clerk at one of Japan’s largest law firms. Jennifer was recently awarded with the 2018 International Advisory Experts Award for Complex Business Litigation in California.

Jennifer has been an active volunteer with the Junior League since 2015, where she helps spearhead initiatives to improve the lives of transition age foster youth in San Diego, and she recently became a member of the University at Buffalo School of Law Dean’s Advisory Council. Jennifer is also the 2020-2021 the chairperson for the Lawyers Club of San Diego’s North/Mid County Committee.

Notable Cases

Dr. Sherwin Matian, DMD, et al v. Align Technology, Inc. (N.D. CA) – Representing a proposed nationwide class of dentists and orthodontists in an antitrust case in which the defendant, Align Technology Inc., the makers of popular orthodontic aligning equipment, allegedly violated the Sherman Act and harmed the proposed class of similarly situated dental and orthodontic practices when they schemed to monopolize and effectively foreclose competition in the market.

Melissa Atkinson and Katie Renvall, et al v. Minted, Inc. (N.D. CA) – Representing a proposed nationwide class of approximately 5 million consumers in a California Consumer Privacy Act (CCPA) case in which the defendant, Minted Inc., a San Francisco based online marketplace for crowdsourced home goods, art and stationery, allegedly violated the CCPA when it failed to implement and maintain reasonable security procedures and practices, and ultimately exposed the data of millions of its customers.

Payment Logistics Ltd. v. Shift4 et al (S.D. CA) – antitrust action alleging merged company Shift4 Payments violated section 7 of the Clayton Act and attempted to monopolize the payment interface and merchant account services market for mid-sized table service restaurants by cutting out independent payment processors and resellers while positioning itself to unilaterally raise prices against a locked-in customer base.

Medvets et al v. PETIQ et al (N.D. CA) – antitrust action to suspend the merger of VIP Petcare Holdings Inc. into PetIQ, Inc. because the merger will damage an important distribution channel for over-the-counter (OTC) veterinary medications.

False Claims Act Qui Tam Litigation (under seal) – sealed action for recovery of funds paid by the government brought under the False Claims Act.

In re Local Television Advertising – putative class action pending MDL consolidation against media behemoths including Sinclair and Hearst, for price fixing of local advertising rates in violation of Section 1 of the Sherman Act.

Medical Device Shareholder Litigation (C.D. CA) a minority shareholder fiduciary duty action against directors and officers resulting in complete corporate re-organization.

National ATM Council et al v. Visa et al (D.D.C), in which the National ATM Council and independent ATM Operators allege that Visa and Mastercard used their market power to illegally fix and artificially increase ATM access fees in violation of Section 1 of the Sherman Act.

In Re Disposable Contact Lens Antitrust Litigation (M.D. Fla.), seeking certification of a class of plaintiff contact lens wearers who assert that the manufacturer defendants conspired with each other, a wholesaler, and independent eye care professionals to impose minimum resale prices on certain contact lens lines, thereby reducing or eliminating price competition on those products from “big box” stores by preventing them from discounting those products.

Representing a multinational Japanese electronics corporation in a FTC second request related to its $9 billion merger and acquisition of another top Japanese electronics company.

Representing a major American airline in a case concerning the distribution of airline content to business travelers in an antitrust and tortious interference litigation brought in State and Federal court, against companies that were both technology providers and competitors, including a very favorable resolution after several days of trial before a Texas jury.

Representing a major multinational bank and its affiliates in a series of multi-jurisdictional disputes with billions of dollars in alleged damages over syndicated real estate loans made to luxury resort developments, including obtaining the dismissal of all claims and defeating class certification of RICO claims.

Representing and obtaining a complete victory for a multinational conglomerate corporation in a high-stakes commercial dispute after a three-week arbitration hearing pertaining to the development of complex technology used for power generation.

Representing and securing a victory for a top American business magazine in an international arbitration arising from an alleged wrongful termination of a trademark license, in which the arbitrator declared the license terminated and awarded no damages to the licensee.

Representing a joint venture between municipalities responsible for much of the tri-state area’s regional transportation infrastructure in several actions before the Federal Maritime Commission, including a complete victory before the FMC in a $400 million lease dispute brought under the Shipping Act.

Representing a large Asian manufacturer of engineering plastic in a major litigation involving claims of contract breach, unfair competition, and misappropriation of trade secrets.

Representing a major U.S. global and cable satellite television conglomerate in a high-profile jury trial involving over $100 million in alleged damages, including a total victory on a counterclaim worth over $65 million.

Representing a major multinational chemical corporation in a highly publicized, multi-jurisdictional litigation, including obtaining the dismissal of a RICO case in D.C. federal court.

Advising major international clients on various antitrust, counseling, and data privacy matters.

Publications

App Developer Chronicles His Saga With Apple’s ‘Anti-Competitive’ App Store – Author

Auntie Em and Antitrust: Ending Ages-Old Ban, Movie Studios May Distribute Films and Own Theaters – Author

POTUS Uses CFIUS to Unwind TikTok Deal, Fears Chinese Government Will Get Americans’ Private Data – Co-Author

California High Court: Interference With ‘At Will’ Contract Requires ‘Separate Wrong’ to be Actionable – Co-Author

Four of the Five Biggest Tech CEOs Headed to Capitol Hill for Antitrust Hearings – Author

DOJ Antitrust Chief Refutes Whistleblower’s Testimony Accusing AG Barr of Bias – Author

Healthcare Industry Antitrust Measures Advance as Pandemic Pressures Persist – Author

Class of End-Payors Certified in Illegal Monopolization Suit Against Drug Maker Allergan – Author

Storm Clouds Forming Over Google as Summer Approaches – Author

Dining Delivery Disruptors Disrupted: DOJ, FTC Should Examine Uber’s Planned Purchase of Grubhub, Senators Say – Author

What Bankruptcy Counsel Need to Know About Antitrust Law: Nothing Is Free and Clear – Author

Ticketmaster, Live Nation Get Booed: Concert-Goers File Class Action for “Unchecked” Abuse of Market Power – Author

Contractual Distancing: Pandemic Insurance Litigation Spreads with Business Interruption Claim Denials – Author

Is a Pandemic a Material Adverse Event in M&A? – Co-Author

UK Threatens Phase II Review of Cengage/McGraw-Hill Deal – Co-Author

DOJ: Event Powerhouse Live Nation Punished Concert Venues for Using Competing Ticketers Despite Bar – Author

Remedies the Same for General Patent and Standard-Essential Patent Disputes, Agencies State – Co-Author

At Long Last: FTC, DOJ Issue New Draft Vertical Merger Guidelines – Co-Author

Company Sues to Hold the FTC and Its Merger Review Process Unconstitutional – Co-Author

Spurned by HP Board of Directors, Xerox Gets Hostile, and is Spurned Again – Co-Author

China’s TikTok Facing Privacy & Security Scrutiny from U.S. Regulators, Lawmakers – Author

The Future of No-Poach Clauses: Practical Advice and Viewpoints from the Employment and Antitrust Perspectives – Moderator

California Tackles Big Pharma’s Anticompetitive ‘Pay for Delay’ Practices That Slow Down Lower-Cost Generic Drug Development – Co-Author

DOJ Opposes Merger of Auto Industry’s Aluminum Sheet Suppliers, Agrees to Arbitrate Market Definition – Author

CCPA Changes Sent to Governor’s Desk as January Effective Date Draws Closer and Compliance Costs Loom Large – Author

California’s College Athletes May Profit from Their Positions, Kicking Off a National Wave and a Bout with the NCAA – Co-Author

Consumer Groups and Unions Tell FTC: AbbVie-Allergen Merger Will Deny Access to More Effective and Affordable Drugs – Co-Author

‘Big Tuna’ Antitrust Case Among Latest to Discuss Daubert Test at Class Certification Stage. But What’s Too Rigorous? – Author

Google’s Cookie Conundrum: What’s Essential to Revenue Also Threatens Privacy – Author

DOJ Opposes Sabre’s Acquisition of Airline Ticketing Disrupter Farelogix – Author

FTC ‘Gift’ to Facebook Arrives in Less-Than-Cheery Wrapping Paper for Zuckerberg, Sandberg – Author

Anticompetition & Privacy Probes Put Big Tech on the Defensive, Scrambling to Adapt & Paying Fines – Co-Author

Google is Allowing Businesses to Post Millions of Fake Listings on its Maps App. Will It Be Held Accountable? – Author

Expanding Private Right of Action Under California Consumer Protection Act Clears Judiciary Committee – Author

Representations and Warranties and Other Contractual Provisions That Work as Defense and Offense in Deal Disputes – Author

 

Awards and Honors

Lawdragon 500 Leading Plaintiff Financial Lawyers – 2019, 2020

Daily Journal Top 40 under 40

Member, University at Buffalo School of Law Dean’s Advisory Council

National Law Review Go-To Thought Leader – 2019

International Advisory Experts Award: Complex Business Litigation in California – 2018

Sanctuary for Families Above and Beyond Achievement Award, for an excellent record of pro bono work on behalf of victims of domestic violence

Turnaround Management Association, University at Buffalo School of Management scholarship award.

National Law Review BadgeCIPP Certification Badge