Kasowitz Attorneys Co-Author Article on Managing Competition Disputes in the U.S. in Global Competition Review

Kasowitz partners Hector Torres and Cindy Caranella Kelly, and Special Counsel Francisco Franco have co-authored “Managing Competition Disputes: Strategy, Risk and Private Enforcement in the U.S.,” as part of the GCR – Americas Antitrust Review 2027 published by Global Competition Review.  In the article, the authors discuss the move from skepticism about arbitrating antitrust claims in the U.S. to treating arbitration as the default if the parties’ agreement includes an arbitration clause.  They also discuss Supreme Court decisions that have strengthened the enforceability of arbitration agreements and class waivers, prompting businesses to rethink how they manage competition disputes, recover antitrust damages, and structure long-term contractual relationships.
 
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Hector Torres, Co-founding partner of Kasowitz, and Chair of the firm’s Antitrust Group, is one of the nation’s top lawyers for the prosecution and defense of antitrust, product liability, and other complex commercial cases.  For over 35 years, he has successfully prosecuted and defended major U.S., South American, European, and Asian corporations in high-profile antitrust and complex commercial actions and in international arbitrations, and has secured billions of dollars in affirmative recoveries.

Cindy Caranella Kelly, partner at Kasowitz, focuses her practice on complex civil litigation in all areas of the law, including cases involving state and federal securities laws, corporate governance, antitrust laws, breach of contract, and fraud.  Ms. Kelly has represented major financial institutions, creditors' committees, energy companies, and individuals before numerous state and federal courts, as well as in international arbitrations.
 
Francisco Franco, Special Counsel at Kasowitz, focuses his practice on international arbitration and international disputes.  He has experience in investor-state and commercial arbitrations relating to various sectors, such as mining, oil and gas, infrastructure and construction.  He represents governments and companies in complex international arbitrations under various governing institutions, including the ICC, LCIA, ICSID, and UNCITRAL.