JOSHUA B. GRAY

Attorney
  • 1101 Pennsylvania Avenue, N.W.
    3rd Floor
    Washington, DC 20004

  • (305) 373-1000
  • jgray@knpa.com

  

JALAINE GARCIA

Joshua Gray focuses his practice on antitrust litigation. Before joining Kenny Nachwalter, Joshua served as a Staff Attorney in the Bureau of Competition’s Anticompetitive Practices Division at the Federal Trade Commission (“FTC”). While in that capacity, Joshua investigated and litigated antitrust conduct cases, routinely deposed senior executives, and managed expert witnesses. Prior to serving as Staff Attorney, Joshua served as Counsel in the Office of International Affairs at the FTC where he coordinated bilateral cooperation with the European Commission’s DG Comp for all joint investigations. Joshua also served as an Attorney-Advisor to FTC Chairman Robert Pitofsky during the Clinton administration.

After graduating from law school, Joshua clerked for The Honorable James L. Oakes, Senior Circuit Judge of U.S. Court of Appeals for the Second Circuit. Joshua earned his A.B. from Harvard University, magna cum laude, where he was also a Harvard College Scholar. He earned his J.D. from Columbia University School of Law where he was Stone Scholar.

Joshua grew up on a farm in Northern Vermont, and currently lives in Washington D.C. with his wife Deborah and their four children.

REPRESENTATIVE MATTERS

  • Federal Trade Commission. As part of the 1-800 Contacts trial team, managed FTC principal economic expert witness and coordinated strategy for other experts in administrative litigation.
  • Rosales v. Quarterman. As co-counsel with NAACP Legal Defense & Education Fund, represented death row inmate in attaining a writ of habeas corpus from United States District Court for the Southern District of Texas. Cross-examination of lead prosecutor produced several credibility findings adverse to Texas. http://www.naacpldf.org/document/opinion-granting-habeas-relief
  • CF Industries, Inc. in its $4.7 billion unsolicited acquisition of Terra Industries and simultaneous defense of a hostile offer by Agrium, which the Financial Times recognized as the most innovative M&A transaction in 2010.
  • Oracle Corporation in its defense of Connecticut AG’s parens patriae suit to enjoin Oracle from acquiring PeopleSoft.
  • Yeshiva University in In re Resident Physician Antitrust Litigation. Drafted successful dismissal motion premised on insufficient allegations of conspiracy as to Yeshiva. Yeshiva was the only medical school or hospital dismissed from the case for failure to state a claim. See Jung v. Ass’n of Am. Med. Colleges, 300 F. Supp. 2d 119 (D.D.C. 2004).
  • MSC.Software Corporation in FTC administrative litigation challenging consummated acquisitions by MSC.Software of two other engineering software firms.
  • Columbia University School of Law, J.D., 1996
    • Stone Scholar
  • Harvard University, A.B., magna cum laude, 1990
    • Harvard College Scholar
  • New York, 1999
  • District of Columbia, 2012
  • Southern District of New York, 2003
  • Eastern District of New York, 2008
  • Supreme Court of the United States, 2014

 

  • District of Columbia Bar
  • New York State Bar Association

 

  • The Future of the ICN, Antitrust Magazine (Summer 2012) (co-authored with Ian John).
  • The International Competition Network: A Decennial Retrospective, Antitrust Magazine (Spring 2012) (co-authored with Ian John).
  • Proving Anticompetitive Effect, Issues In Competition Law And Policy, W. Dale Collins, ed. (2008) (co-authored with John Harkrider).
  • Exporting Antitrust Law to China, Global Competition Review (February 2006) (co-authored with John Harkrider).
  • Use of Econometrics in Class Certification, Handbook On Econometrics In Antitrust Law & Analysis, authored legal discussion, Daniel Rubinfeld & John Harkrider eds. (2005).
  • Class Action Reaction: Amended Rule 23 Enhances Judicial Supervision in Class Litigation, Antitrust Magazine (Spring 2004).
  • Antitrust Issues Involving Intellectual Property, Antitrust Law Developments V, authored significant revision of chapter in 2002 to accurately state current law and agency practices.

 

  • Law Clerk, The Honorable James L. Oakes, Senior Judge, U.S. Court of Appeals, Second Circuit, New York, 1996-1997