Kendall Millard
Kendall Millard resolves complex antitrust, class action and high-stakes commercial litigation. He advises multinational corporations, including Japanese and other foreign-based companies and their U.S. subsidiaries, in criminal antitrust investigations and large commercial disputes in courts nationwide. He also advises on antitrust and competition law considerations in licensing, M&A, Hart-Scott-Rodino (HSR) filings and compliance programs.
Kendall represents clients in criminal antitrust investigations by enforcement agencies in the U.S., Canada, Japan and other international jurisdictions. He successfully defends American and Japanese companies in the auto parts and electronic components industries, most notably winning a not-guilty verdict in the only auto parts antitrust trial. Kendall also develops compliance programs including for antitrust pricing, FCPA and anti-bribery, and conducts compliance training for companies located in both the U.S. and abroad.
As a civil litigator, Kendall defends clients against all types of antitrust violations under federal and state laws, including price fixing, bid-rigging, customer allocation, resale price maintenance, exclusive contracts, monopolization, price discrimination/Robinson Patman Act, price gouging and more. Notably, he served as co-liaison counsel for defendants in the Polyurethane Foam Antitrust MDL in Ohio. He also provides counsel on the antitrust aspects of pharmaceutical patent settlements under Hatch-Waxman.
On the corporate side, Kendall advises parties and third parties concerning potential antitrust issues with proposed mergers, acquisitions and joint ventures, including in HSR filings, before the Federal Trade Commission and the Department of Justice. This includes conducting market definition and competitive impact analyses and responding to Civil Investigative Demands and subpoenas for documents and testimony issued to industry participants.
Kendall’s practice spans many industries, including:
- Aerospace
- Agriculture
- Automotive
- Cellular Phones
- Construction
- Consumer Products
- Data Security and Privacy
- Food and Beverage
- Franchises
- Healthcare, including Medical and Dental Practices
- Manufacturing
- Medical Devices
- Pharmaceutical
- Retail
- Software
- Sports
- Technology
- Telecommunications
In addition to his robust practice, Kendall tries cases and wins appeals for indigent pro bono clients seeking asylum in the U.S. to avoid persecution in their home country on account of the client’s political or religious beliefs or social group status.
Credentials
Education
- Indiana University-Bloomington, J.D., 1998, magna cum laude, member of Indiana Law Journal, Jessup International Law Moot Court competition, Order of the Coif
- University of Minnesota, M.A., East Asian studies
- Morningside College, B.A., history and philosophy, summa cum laude
Bar Admissions
- District of Columbia
- Indiana
Court Admissions
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Southern District of Indiana
- U.S. Supreme Court