Kirsten M. Ferguson

Ms. Ferguson’s matters include representing:

• The Radio Music License Committee in a rate setting proceeding against BMI pursuant to an antitrust consent decree
• Live Nation in a rate setting proceeding against NACPA pursuant to an antitrust consent decree
• Ozzy Osbourne, the world famous musician, in his successful prosecution of a class action lawsuit (brought by Ozzy and other similarly situated artists) against the arena owner AEG, alleging that AEG engaged in anticompetitive conduct
• Live Nation and Ticketmaster in connection with multiple pending federal and state antitrust consumer class actions concerning secondary ticket sales on Ticketmaster’s website; won motion to compel arbitration
• Live Nation and Ticketmaster in connection with antitrust counterclaims filed in response to a copyright infringement lawsuit
• Live Nation and Ticketmaster in a federal antitrust lawsuit brought by a competitor alleging anti-competitive conduct and challenging Ticketmaster’s exclusive contracts with concert venues
• Oracle Corporation in a high-profile trial and appeal, in which Hewlett-Packard alleges that Oracle’s actions in halting software development for the Intel Itanium microprocessor violated contract and unfair competition laws
• Multinational Energy Company in its successful defense of dozens of purported multi-billion dollar class action lawsuits brought by consumers alleging unfair business practices and breach of contract; won motions for summary judgment
• Taiwanese Electronics Manufacturer in an international arbitration brought by a joint venture partner and competitor involving a joint venture agreement, breach of contract claims, and complex antitrust law defenses
• Mercury Payment Systems, a payment products and services company, in a false advertising and unfair competition case
• Apple in its successful defense of a reseller lawsuit alleging wrongful termination and fraud
• Electronic Arts in its successful defense of a billion dollar consumer class action challenging EA’s exclusive licenses with the NFL and NCAA as illegal monopolization
• Charlotte Pipe and Foundry in an alleged price fixing class action related to cast iron soil pipes and fittings
• Advanced Micro Devices in direct and indirect purchaser class actions alleging price-fixing in the market for graphics processing units; defeated the motions of both classes for class certification