Carmine R. Zarlenga

Top rated Business Litigation attorney in Washington, Washington DC

Mayer Brown LLP
Carmine R. Zarlenga
Mayer Brown LLP

Practice Areas: Business Litigation, Antitrust Litigation, Intellectual Property Litigation

Licensed in Washington DC since: 1985

Education: University of Cincinnati College of Law

Selected to Super Lawyers: 2012 - 2024

Mayer Brown LLP

1999 K Street Northwest
Washington, DC 20006 Phone: 202-263-3227 Email: Carmine R. Zarlenga Visit website


Carmine Zarlenga is a seasoned advocate who has handled a wide variety of complex antitrust, commercial litigation, and intellectual property matters. During his 30-plus-year career, he has appeared in over 60 different state and federal courts across the U.S. on behalf of some of the world's largest national and international companies. Mr. Zarlenga's litigation experience ranges from large, complex class actions with claimed damages in excess of $1 billion and attendant publicity to smaller, private disputes. He has handled matters involving antitrust, contracts, fraud, business torts, trade secrets, intellectual property, unfair trade practices, and false advertising. In addition, he regularly counsels leading companies on marketing, distribution, pricing, and other trade practice matters. Mr. Zarlenga has substantial arbitration and mediation experience.

First Admitted: 1984, Ohio

Professional Webpage:

Representative Clients:
  • Weldbend Corporation
  • Gemalto, Procter & Gamble, Nestle S.A., Airbus, Avigilon, Anheuser-Busch, Noblis, NXP Semiconductors, and Foster Farms.
Pro bono/Community Service:
  • Member - Board of Directors, Homestretch: a non-profit organization serving the needs of homeless families in Northern Virginia.
Educational Background:
  • B.A., cum laude, The Ohio State University, 1981
Verdicts/Settlements (Case Results):
  • Foster Farms v. SunTrust Bank, 377 Fed. Appx 665 (9th Cir. 2010)  (obtained $10 million judgment after trial of complex commercial case involving breach of confidentiality in the context of acquisition financing; affirmed on appeal), 2010
  • Sterling Merchandising, Inc. v. Nestle S.A., 656 F.3d 112 (1st Cir. 2011).  As lead counsel for Nestle S.A. and affiliates, obtained summary judgment in complex antitrust action involving alleged monopolization and exclusionary practices in the distribution of ice cream; also served as lead counsel on the appeal in which the US Court of Appeals for the First Circuit affirmed the judgment in all respects, 2011
  • Bell Helicopter Textron, Inc. v. Airbus Helicopters, 78 F. Supp. 2d 253 (D.D.C. 2015).  Served as lead counsel for Airbus Helicopters at trial in this patent infringement action before Judge Robert Wilkins who at the time was sitting on the US Court of Appeals for the DC Circuit.  Obtained a rare permanent injunction barring archrival’s use of innovative landing gear for the life of the applicable patent , 2015
  • Wysong Corp. v. APN, Inc., 266 F. Supp. 3d 1058 (E.D. Mich. 2017), aff’d, ___ F.3d ___ (6th Cir. 2018). Defeated a competitor’s Lanham Act false advertising complaint alleging that numerous images on pet food packaging were false and deceptive.  The court ruled that the plaintiff’s theory of deception was not plausible because the pet food labels in question were not false and were not likely to mislead a reasonable consumer. Persuaded both the District Court and the Court of Appeals that the challenged advertising was in accordance with industry standards and common sense dictating that consumers would not expect premium, human-grade ingredients in pet food, 2018
  • Nespresso USA, Inc. v. Ethical Coffee Co. S.A., 263 F. Supp. 3d 498 (D. Del. 2017).  Prevailed on motion to dismiss two Swiss entities for lack of personal jurisdiction.  The District Court rejected several different alternative theories in its opinion, making this decision useful for other overseas entities named in US litigation without proper jurisdictional footing, 2017
  • Escriba v. Foster Poultry Farms, 743 F.3d 1236 (9th Cir. 2014)--retained to handle high profile employment case spearheded by a public interest group four weeks before jury trial.  Obtained complete defense verdict on claims under federal Family and Medical Leave Act and analogous state law after two week trial.  Also served as lead counsel on appeal - unaminously affirmed by Ninth Circuit, 2014
  • In re Chocolate Confectionery Antitrust Litigation, 999 F. Supp. 2d 777, (M.D. Pa. 2014), aff'd, 801 F.3d  383 (3rd Cir. Sept. 15, 2015). Represented Nestle in a lengthy antitrust MDL involving several classes of plaintiffs as well as opt outs that filed direct actions.  Obtained summary judgment in an important ruling that limits the range of inferences that can be drawn from an alleged foreign price-fixing conspiracy.  Also prevailed on a Daubert challenge that had the practical effect of barring evidence of damages attributable to Nestle.  The US Court of Appeals for the Third Circuit affirmed the District Court's ruling in a unanimous opinion, thus ending the litigation, 2015
  • Nestle Purina PetCare Co. v. Blue Buffalo. Lead counsel for Purina in this high profile federal false advertising litigation between competitors. After vehemently denying Purina’s allegations, strategic discovery efforts forced Blue Buffalo to admit that its ingredient advertising and labeling was false. The litigation was subsequently resolved via mediation, 2016
  • Technest Holdings, Inc. v. EOIR Holdings LLC (won $23 million arbitration award in dispute involving the sale of corporate subsidiary), 2009
  • Carrea v. Dreyer's Grand Ice Cream Co., 475 Fed. Appx. 113 (9th Cir. April 5, 2012): Prevailed on motion to dismiss putative class action alleging false advertising and related claims; lead counsel on appeal in which the court affirmed the judgment unanimously, 2012
  • Gemalto, Inc. v. Merchant Customer Exchange. Lead counsel for Gemalto in a complex commercial arbitration involving breach of a development contract for an electronic payment network. After a lengthy hearing, a three member AAA panel issued a unanimous 42 page ruling and a $45.8 million award in favor of Gemalto. The award included all damages requested plus over $3 million in attorneys’ fees and received substantial publicity, 2016
  • The 2011 BTI Client Service All-Stars are identified solely and exclusively by corporate counsel. The only way to be included in The BTI Client Service All-Stars is through an unprompted, unequivocal recommendation from corporate counsel. No law firm or attorney can submit a name or pay to be included on this list. No firm can nominate an attorney or submit corporate counsel names to be interviewed. This year’s BTI Client Service All-Star Team is comprised of only 318 attorneys who have impressed corporate counsel with their keen understanding of business issues, thought-leading approach and total commitment to client needs—particularly during a time when client dollars are scarce but demands are high, Client Service All Star, BTI, 2011
  • Client Service All Star, BTI, 2016
  • Recognized for expertise in the area of Advertising Law 2015-18, Best Lawyers, 2018
  • Litigation Star, Benchmark Litigation, 2018
Scholarly Lectures/Writings:
Bar/Professional Activity:
  • Moderator, "Social Media Crisis Mode – What is Your Communication Strategy?”  The Social Media (R)Evolution Chicago, IL March 4-5, 2013
  • Panelist, Pot to Frying Pan: Settlements as Antitrust Violations ABA Section of Antitrust Law 60th Annual Spring Meeting (Washington, DC), 2012
  • Moderator, Poultry Merger Reviews: When Can Birds of a Feather Flock Together? ABA Section of Antitrust Law, Agriculture & Food Committee (Washington, DC), 2012
Industry Groups:
  • Aviation
  • Communications
  • Consumer Products
  • Defense And Security
  • Food And Beverage
  • Technology

Office location for Carmine R. Zarlenga

1999 K Street Northwest
Washington, DC 20006


13 Years Super Lawyers
  • Super Lawyers: 2012 - 2024

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