KEVIN LANDAU currently represents plaintiffs and class members in various antitrust and consumer class actions, including: Marchese v. Cablevision Systems Corp., et al. (D.N.J.), an antitrust class action seeking recovery for Cablevision subscribers who paid inflated prices for their set-top box as a result of Cablevision’s alleged tying policy; In re Effexor XR Antitrust Litigation (D.N.J.), an antitrust case seeking recovery for direct purchasers of the brand name drug Effexor XR who were prevented from substituting less expensive generic versions of Effexor XR because of Defendants’ scheme to monopolize the market; and, Westrope v. Ringler (D. Oregon), a class actions brought on behalf of structured settlement annuitants who suffered cuts to their annuity payments as a result of their structured settlement brokers’ alleged negligence. Mr. Landau also represents Giant Eagle, Inc. in King Drug Co. of Florence, Inc. v. Cephalon, Inc. et al. (E.D. Pa.), an antitrust action alleging that Cephalon paid its generic competitors to stay off the market with their competing generic versions of Provigil.
In addition to these active cases, Mr. Landau has also represented class members in cases against some of the nation’s largest credit card issuers, challenging the imposition of charges for so-called “payment protection” or “credit protection” programs, such as, Esslinger, et al. v. HSBC Bank Nevada, N.A. (E.D.Pa.) ($23.5 million settlement for cardholders) (co-lead counsel); In Re: Bank of America Credit Protection Marketing & Sales Practices Litigation (N.D. Cal.) ($20 million settlement for cardholders) (member of executive committee); In re Discover Payment Protection Plan Marketing and Sales Practices Litigation (N.D. Ill.) ($10.5 million settlement for cardholders in consumer class action). Mr. Landau also served as co-lead counsel in LiPuma v. American Express (S.S. Fla.) which resulted in a $75 million settlement for cardholders in consumer class action challenging American Express’s 2% foreign currency transaction fee and has represented homeowners who had been forced to purchase flood insurance by the banks servicing their mortgages, such as, Arnett v. Bank of Am., N.A (D. Oregon) ($31 million settlement) (class counsel), Clements v. JPMorgan Chase Bank (N.D. Cal.) ($22.1 million) (class counsel), Casey v. Citibank, N.A. (N.D.N.Y) ($13.8 million settlement) (class counsel).
Mr. Landau represented direct purchaser plaintiffs in successfully resolved antitrust actions, such as, In re Skelaxin Antitrust Litigation (E.D. Tenn.)($73 million settlement for direct purchasers in antitrust class action) and In re Metoprolol Succinate Antitrust Litigation (D. Del.) (settled for $20 million settlement for direct purchasers in antitrust class action).
Mr. Landau was recognized in 2014 as a New York Metro “Super Lawyer” in class action litigation. “Super Lawyer” selection results from peer nominations, a “blue ribbon” panel review process and independent research on candidates; no more than 5% of lawyers in the New York metro areas are selected as “Super Lawyers.” He has been an invited panelist at American Conference Institute Forums focusing on consumer protection issues. He is also a member of the Committee to Support Antitrust laws, an organization dedicated to promoting and supporting the enactment, preservation, and enforcement of a strong body of antitrust laws in the United States, and the Plaintiffs’ Class Action Forum, an invitation-only professional group focused on emerging trends in class actions.
A 1993 graduate of Lehigh University with high honors, Mr. Landau received a J.D. from Brooklyn Law School in 1996, where he was a member of the Brooklyn Law Review. Mr. Landau is admitted to the Bar of the State of New York, as well as the United States District Courts for the Southern and Eastern Districts of New York, and the United States Court of Appeals for the Second Circuit, Third Circuit, Eleventh Circuit and D.C. Circuit. He is also a member of the Association of the Bar of the City of New York, the New York State Bar Association and the American Bar Association.