Kail Jethmalani represents clients across industries in all areas of antitrust law, including high-stakes litigation, domestic and cross-border mergers, and investigations.
As one of only three attorneys named "most highly regarded" Future Leaders in Competition in North America” by Who’s Who Legal in 2021 and 2022, clients rely on Kail’s pragmatic approach to advancing cohesive defense strategies as coordinating counsel in multidistrict litigation. His recent litigation experience includes multiple treble-damage class actions and State Attorney General litigations alleging industrywide conspiracies to raise the prices of broiler chicken and pork, and to suppress compensation to broiler chicken farmers.
Kail serves as Vice Chair of the American Bar Association Section of Antitrust Law’s Marketing Administrative Committee. His diverse pro bono practice includes helping immigrants obtain asylum in the U.S., representing a prison inmate in a civil rights case against government officials, and representing a class of restaurant workers to recover unpaid wages.
Prior to joining Axinn, Kail interned at the Civil Division of the U.S. Attorney’s Office for the Eastern District of New York. He earned his JD from the University of Michigan Law School.
Professional Activities
- American Bar Association, Section of Antitrust Law, Marketing Administrative Committee, Vice Chair (2022-2024)
- American Bar Association, Section of Antitrust Law, Integrated Marketing Initiative Task Force (2021-2022)
- American Bar Association, Section of Antitrust Law, Special Operations Team: Integrated Marketing Initiative (2019-2021)
- American Bar Association, Section of Antitrust Law, Corporate Counseling Committee, Young Lawyer Representative (2017-2019)
- South Asian Bar Association of North America, Antitrust Committee, Co-chair (2021-23)
Experience
- Representing Tyson Foods Inc. in multiple major treble-damage class actions and state attorney general litigations alleging industrywide conspiracies to raise the prices of broiler chicken and pork, as well as a conspiracy to depress broiler grower pay.
- Antitrust counsel to Choice Hotels International Inc. in the proposed acquisition of Wyndham Hotels & Resorts.
- Representing Axinn’s longstanding client, Independence Blue Cross of Pennsylvania (IBX), in a class action MDL against the Blue Cross Blue Shield Association and individual Blue Cross and Blue Shield plans. The lawsuit, which alleges that the plans' designated service areas are anti-competitive, is the most significant challenge to the Blue System in its 80-year history.
- Represented Nishikawa Rubber Company in an auto parts criminal investigation and automotive parts class action MDL in the U.S. District Court for the Eastern District of Michigan.
- Represented Dell Inc. in its $67 billion acquisition of EMC Corporation.
- Represented Interactive Data Corporation in its $5.2 billion acquisition by Intercontinental Exchange Inc.
- Representing Accelera, a zero-emissions business unit of Cummins Inc., in its proposed $3 billion joint venture with Daimler Truck North America and PACCAR.
- Represented Tyson Foods Inc. in its $2.6 billion acquisition of Keystone Foods’ leading international chicken business.
- Represented Tyson Foods Inc. in its $850 million acquisition of American Proteins.
- Obtained clearance for Charles River Laboratories’ $585 million acquisition of WIL Research Laboratories.
More
- Represented Thermo Fisher Scientific Inc. in its $1.3 billion acquisition of Affymetrix and multiple other transactions.
- Represented H.I.G. Capital and recycled paperboard manufacturer Caraustar Industries, Inc. before the DOJ in 6+-month investigation of their $362.5 million acquisition of The Newark Group.
Honors
- Best Lawyers, Ones to Watch (2021- 2022; 2024)
- Who’s Who Legal: Competition, Future Leaders (2020-2023)
- Who’s Who Legal: Thought Leaders - Global Elite (2023)
- U.S. District Court for the District of Connecticut, Pro Bono Honor Roll (2023)
- New York State Bar Association, Empire State Counsel Honoree for Pro Bono Service (2017, 2018, 2021, 2022)
- Global Competition Review, on the team shortlisted for “Litigation of the Year – Cartel Defence” for its work on behalf of Nishikawa Rubber Company in the Auto Parts litigation (2018)
News
- Axinn Recognized in Who’s Who Legal (WWL) – Global Elite Thought Leaders
- Axinn Promotes James Hunsberger, Kail Jethmalani, and David Pearl to Partner, Carol Liu to Counsel
- Axinn Advises Choice Hotels in its Proposed Acquisition of Wyndham Hotels & Resorts
- Nine Axinn Attorneys Named to the U.S. District Court for the District of Connecticut 2023 Pro Bono Honor Roll
- Six Axinn Attorneys Named to Empire State Counsel Program
- View More ›
Thought Leadership
- LIV and Let Live? The Antitrust Fight Between the PGA and LIV Golf, Our Curious Amalgam, April 24, 2023
- Information Exchange Counseling in the Digital Age, The Antitrust Counselor, May 15, 2019
- Antitrust Updates from Latin and South America, ABA Section of Antitrust Law, April 26, 2019
- Chapter on Non-Prosecutorial Activities, DOJ Civil Antitrust Practice and Procedure Manual, 2018
- President Trump's Long-Awaited FTC Picks: Business as Usual, The Antitrust Counselor, November 2017
- Compliance Programs and Leniency Applications in Asian Jurisdictions, Cartel & Criminal Practice Committee Newsletter, Fall 2017
- No-Poaching Pacts Could Land HR Professionals in Jail, Bloomberg BNA, November 4, 2016
- It’s My Party v. Live Nation, American Bar Association Young Lawyers Division Antitrust Committee Newsletter, Spring 2016
- Working the Clock: Strategic Choices in Managing Global Regulatory Review Timelines, The Antitrust Counselor, March 15, 2016
Events
- ABA Litigation Section Annual Conference 2024
- Antitrust Merger Enforcement: Significant Regulatory Developments and Issues Explored
- SABA North America Corporate Counsel Retreat 2023
- SABA Conference 2022: “Going for the Gold”
- ABA 70th Annual Section of Antitrust Law Spring Meeting
- Defining Antitrust Markets in Platform Industries
- Killer Deals?: Enforcement Trends in the Acquisition of Nascent Competitors
- Michigan Law South Asian Law Students Association Virtual Career Panel
- Virginia Journal of International Law 69th Annual Spring Symposium
- A Lawyer's Life: Antitrust
- Recent Trends in Antitrust M&A Enforcement
- ABA Monthly Antitrust Update Program for In-House Counsel May 2019
- Intro to Antitrust Deals
- Recent Developments in Antitrust
- ABA Monthly Antitrust Update Program for In-House Counsel February 2019
- ABA Monthly Antitrust Update Program for In-House Counsel January 2019
- ABA Monthly Antitrust Update Program for In-House Counsel November 2018
- ABA Monthly Antitrust Update Program for In-House Counsel September 2018
- ABA Monthly Antitrust Update Program for In-House Counsel June 2018
- Relationship of Antitrust Law and Intellectual Property
- ABA Monthly Antitrust Update Program for In-House Counsel February 2018
- Why Antitrust?
- ABA Monthly Antitrust Update Program For In-House Counsel February 2016
- Building a Successful Legal Career as a South Asian
Education
- JD, magna cum laude – University of Michigan Law School (2014) Order of the Coif
- BA – Skidmore College (2009)
Admissions
- New York
- U.S. District Court District of Colorado
- U.S. District Court District of Connecticut
- U.S. District Court District of Maryland
- U.S. District Court Eastern District of Michigan
- U.S. District Court Eastern District of New York
- U.S. District Court Southern District of New York
Spotlight
"Kail Jethmalani is 'one of the best lawyers of his generation' who impresses with 'his ability to quickly understand complicated issues and develop big picture strategies'"
– Who's Who Legal Future Leaders 2021