Carmine R. Zarlenga

Carmine R. Zarlenga

Attorney Profile

Top Rated Business Litigation Attorney in Washington, DC

Mayer Brown LLP
 | 1999 K Street Northwest, Washington, DC 20006
Phone: 202-263-3227
Fax: 202-263-5227
Selected to Super Lawyers: 2012 - 2019
Licensed Since: 1985
Practice Areas:
  • Business Litigation (40%),
  • Antitrust Litigation (30%),
  • Intellectual Property Litigation (30%)
Attorney Profile

Carmine Zarlenga is a seasoned advocate who has handled a wide variety of complex antitrust, commercial litigation, and intellectual property matters. During his 20-plus-year career, he has appeared in over 50 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.

About Carmine Zarlenga

Admitted: 1985, Washington D.C.

Professional Webpage: http://www.mayerbrown.com/lawyers/profile.asp?hubbardid=Z856...

Honors/Awards:

  • Recognized for expertise in the area of Advertising Law 2015-18, Best Lawyers, 2018
  • Litigation Star, Benchmark Litigation, 2018
  • Client Service All Star, BTI, 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

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

Pro bono/Community Service:

  • Member - Board of Directors, Homestretch: a non-profit organization serving the needs of homeless families in Northern Virginia.

Scholarly Lectures/Writings:

Verdicts/Settlements:

  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • 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
  • Technest Holdings, Inc. v. EOIR Holdings LLC (won $23 million arbitration award in dispute involving the sale of corporate subsidiary), 2009

Representative Clients:

  • Gemalto, Procter & Gamble, Nestle S.A., Airbus, Avigilon, Anheuser-Busch, Noblis, NXP Semiconductors, and Foster Farms.

Educational Background:

  • B.A., cum laude, The Ohio State University, 1981

Industry Groups

  • Aviation
  • Communications
  • Consumer Products
  • Defense And Security
  • Food And Beverage
Office Location for Carmine R. Zarlenga

1999 K Street Northwest
Washington, DC 20006

Carmine R. Zarlenga:

Last Updated: 11/26/2018

Page Generated: 0.31473302841187 sec