Kirsten Ferguson, a partner in the Antitrust & Competition Practice, represents global companies in class actions and complex litigation in state and federal court.

Ms. Ferguson helps clients navigate complex business disputes and consumer class actions to achieve favorable outcomes. She represents market-leading entertainment and technology companies and other clients in high-stakes litigation with competitors, consumers, and regulators.

Ms. Ferguson was recently named a Recommended Lawyer by The Legal 500 US 2018.

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

Bar Qualification

  • California

Education

  • JD, Columbia University School of Law, 2007
    Harlan Fiske Stone Scholar
  • BA, Boston University, 2004
    summa cum laude