Larry Kill is a shareholder in the New York office of Anderson Kill and is chair of the firm’s Corporate & Commercial Litigation practice. Mr. Kill has extensive experience representing clients in complex litigation, with particular emphasis on individual and class treble damage antitrust cases.
Mr. Kill’s litigation experience covers virtually all facets of the antitrust laws, including price-fixing, bid-rigging, allocations of customers and territories, tying, monopolization, dealer termination and price discrimination. He has represented major corporations engaged in the telecommunications, toys and baby products, lighting fixtures, dental equipment, travel, restaurant supplies, food additives, alcoholic beverages, manufacturing, advertising and construction industries. He has represented both plaintiffs and defendants, which has enhanced his ability to aggressively litigate a broad range of antitrust matters in any forum. He regularly represents clients in connection with antitrust grand jury investigations and criminal prosecutions and represented the Korean defendants in the landmark ADM lysine criminal and civil conspiracy antitrust cases.
Mr. Kill has conducted internal investigations and develops antitrust compliance programs tailored to particular industries and regularly conducts seminars and authors articles focusing on current antitrust issues. He represents clients in their dealings with the Antitrust Division and the Federal Trade Commission and regularly counsels clients on government guidelines and practices and on all facets of the antitrust laws, including marketing, distribution and mergers and acquisitions.
Mr. Kill began his career as a trial attorney at the Antitrust Division of the Department of Justice in Washington, D.C. where he engaged in the prosecution of major criminal and civil litigations. He joined Anderson Kill in 1972 and was instrumental in building the firm’s litigation practice. His extensive experience spans the full spectrum of commercial litigation, including cases involving securities fraud, unfair competition, deceptive trade practices, trademarks, trade names infringement, insurance coverage and violations of international law.
Mr. Kill's international experience includes representing the Korean defendants in the landmark ADM lysine criminal and civil conspiracy antitrust cases, and helping to resolve as class counsel many significant public interest cases, including holocaust litigations against German, Austrian and Italian companies. His antitrust experience includes analysis of civil and criminal enforcement in the US and overseas, especially involving international cartels, as well as providing advice and services pursuant to Hart-Scott-Rodino regarding acquisitions by foreign entities of US based businesses.
The breadth and diverse nature of Mr. Kill’s experience in important and complex commercial litigation is illustrated by his successful argument before the United States Supreme Court in the landmark ERISA litigation, John Hancock v. Harris Trust & Savings Bank. At the subsequent trial which resulted in an opinion and order noting that “in this extremely complicated and difficult case, the work of Mr. Kill and his colleagues was superb.”
Mr. Kill ranked first in his class at Fordham Law School, served as editor-in-chief of the Fordham Law Review and received many awards for academic excellence and scholarship.
- In Re Amino Acid Lysine Antitrust Litigation. Representation of Korean defendants in the landmark ADM criminal antitrust action alleging a price fixing conspiracy and ensuing federal and state treble damage class actions.
- In Re Wireless Telephone Services Litigation. Representation of a national wireless provider in treble damage class actions alleging unlawful tying and monopolization in violation of the Sherman Act. Summary judgment granted in favor of defendants.
- In Re Baby Products Litigation. Representation of retailer of baby products in individual and treble damage class actions alleging conspiracies and monopolization in violation of the Sherman Act.
- Freeland v. Sprint, et al. Representation of defendant wireless telephone service provider in treble damage class action alleging conspiracy in violation of the Sherman Act. Class certification denied and case dismissed.
- In Re Linens Antitrust Litigation. Representation of defendants in grand jury investigations and treble damage class actions alleging price fixing and customer allocations in violation of the Sherman Act.
- Harris Bank v. John Hancock. Representation of Trustees of the Unisys Pension Plan before U.S. Supreme Court and at trial alleging violations of ERISA by insurance carrier resulting in the recovery of excess funds on behalf of pension plan.
- International Data, LLC v. NCH NuWorld Marketing Limited, Inc. Representation of a premier coupon processing and promotion company in a false advertising case under the Lanham Act.
- Supreme International Corp. v. Anheuser-Busch, Inc. Representation of a marketing company in a claim that the Anheuser-Busch penguin symbol infringed our client’s intellectual property rights.
- PPM America, Inc. v. Marriott Corporation. Representation of investment companies in a securities fraud claim for non-disclosure of material inside information.
- LaSalle Bank National Assoc. v. Citicorp Real Estate, Inc. Representation of a bank on behalf of a REMIC trustee to compel loan seller to repurchase loan from securitization pool.
- In Re German and Austrian Holocaust Litigations. Representation of individuals seeking recovery against German and Austrian industrial, financial and insurance enterprises which ultimately resulted in the recovery of billions of dollars by survivors of Nazi persecution.
“Antitrust Landscape Getting a Makeover: Spate of Court Decisions and a Commission Report,” Executive Counsel (July/August 2007) (with James M. Andriola and Marisa Steel)
"Antitrust Issues Remain at the Forefront of the Supreme Court's 2006-2006 Term," (Spring 2007) (with James M. Andriola and Marisa Steel)
"Violators Beware: Important Changes to Anti-Trust Laws," AKO Commercial Litigation Advisor (Autumn 2004) (with James M. Andriola)
Chapter: “Holocaust Era Insurance Claims: Legislative, Judicial, and Executive Remedies,” Holocaust Restitution: Perspectives on the Litigation and Its Legacy, New York University Press (2006) (with editors Michael Bazyler and Roger Alford)
"Q&A With Anderson Kill's Larry Kill," Law360 (April 24, 2013)
New York, the United States District Court for the Southern, Eastern and Northern Districts of New York, the Courts of Appeal for the Second, Fourth, Fifth, Sixth, Eighth and Ninth Circuits and the United States Supreme Court
The American Bar Association
Fordham Law School, LL.B.
City College of the City of New York, B.B.A.