354:, received intense global media attention in light of the USWNT players’ achieving their second World Cup win, while still receiving a much lower rate of pay than their male counterparts. The players successfully resolved their claims for equal working conditions on April 12, 2021, and on August 15, 2022, the court approved the landmark equal-pay settlement Winston and the lead plaintiffs negotiated on behalf of current and former USWNT soccer players. The settlement constituted a complete victory for the players, with the USSF agreeing both to pay an equal rate of pay going forward in all games, including the World Cup, and to compensate the players with $ 24M to redress the past discrimination. This settlement received global attention and acclaim, including by President Biden, who tweeted, “This is a long overdue victory in the fight for equal pay. I’m proud of… @USWNT for never giving up—on and off the field. Now, let’s close the pay gap in every industry.”
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cars, and its patent owner members, in defense of litigation filed by
Continental Automotive Systems, alleging that Avanci and the various SEP owners violated Sherman Act Section 1 and Section 2 by allegedly only licensing SEPs to OEMs and not to component suppliers like Continental, and by allegedly failing to offer licenses on FRAND terms. The Northern District of Texas dismissed plaintiff's complaint with prejudice, agreeing with Kessler's arguments as to a lack of Article III or antitrust standing. On June 21, 2022, the Fifth Circuit withdrew its prior decision (affirming dismissal on standing) and instead ruled in defendants’ favor by affirming the district court's decision that Continental had failed to state a claim under the Sherman Act.
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fairness, and the public good and for his profound, impactful work to effect meaningful change for all. Moreover, the Legal Aid
Society presented Kessler with its 2019 Servant of Justice Award for his lasting impact on New York’s legal community, and his devotion to the protection of the economic and social justice rights of athletes and their communities. Kessler was also honored by the Center for Family Representation, where he is a Board member, and by Columbia University, which presented Kessler with its John Jay award in 2016 to recognize Kessler as one of its most distinguished alumni.
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burden which World
Athletics (formerly IAAF) had placed on disabled athletes to prove that they did not have a competitive advantage due to their prosthetic devices. Most recently, Kessler and his team have been representing Nigerian bobsledder Simidele Adeagbo in her CAS fight for gender equality in a pro bono case seeking to establish that Olympic sports must provide equal sporting opportunities to compete for male and female athletes.
362:, filed by a producer who was placed on Equity's “Do Not Work List” and alleged that his placement on the list constituted a group boycott in violation of Sherman Act Sections 1 and 2. In April 2023, the team secured dismissal with prejudice of the antitrust claims against Equity on the grounds that its conduct was protected from the Sherman Act by the Statutory Labor Exemption. This ruling's impact is important for
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amount of compensation that college basketball and football players could receive, and issued a trial ruling in favor of the plaintiff athlete classes, which included an injunction barring the NCAA and its member conferences from limiting the amount of education-related compensation that
Division I college basketball and FBS football players could receive.
491:, a publication which also has named him one of the 20 Most Influential People in the NFL. In 2021, Kessler was named to Sports Business Journal’s list of 75 people who have grown the NBA’s business since the league was first established in 1946. Kessler has been recognized repeatedly by Law360 as one of its “MVPs for Sports & Betting” and by T
202:. In 2000, Kessler won a complete jury acquittal of his client Panasonic in Jefferson Parish, Louisiana, in a case claiming over $ 1 billion in damages for an alleged fraud. He became regarded as a leading commentator on international antitrust law. He also was the lead counsel in several IP cases involving frontier issues of IP law.
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of the sports litigation practice group, and a member of its executive and leadership committees. During his time at Dewey, Kessler continued to represent the NFLPA and the NBPA in major sports disputes, and also represented the
National Invitation Tournament, CAA Sports, Wasserman Media Group, SCP Worldwide, and did landmark
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firm, it proved to be unmanageable. Thus, Kessler led a group of more than 20 other partners, over 40 associates, and a large group of professional staff with him to
Winston, where he currently is Co-Executive Chairman. In total, more than 75 people went with him from Dewey to Winston, including his entire practice.
218:, the MLBPA; the NFL Coaches Association; Players, Inc.; the Women's Tennis Benefit Association; and Adidas. Kessler also represented various classes of NBA, NFL, AFL, and MLS players, and several professional leagues, including the North American Soccer League and United States Football League, and the cities of
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More recently, in March 2023, Kessler won a major Second
Circuit victory for Relevant Sports, LLC, a sports promoter that organizes soccer matches in the United States involving professional teams from non-U.S. leagues. The unanimous decision revived Relevant's antitrust litigation challenging a FIFA
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litigation affirming the team's “ground-breaking and historic” trial win in the
Northern District of California and reiterating that the NCAA is not above the law. The tremendous trial win came in March 2019, when Judge Wilken found that the NCAA was in violation of the antitrust laws by limiting the
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as an associate in the
Antitrust Department full-time in 1977, after working there as a summer associate in 1976. He became a partner in 1984. From 1976 to 2003, he was the lead counsel in various complex antitrust, sports law, and intellectual property (IP) law cases, including major jury trials. He
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heard by the court in any of the MDL proceedings, a win recognized by Global
Competition Review as its “Antitrust Case of the Year.” Kessler also secured a closely followed win for Avanci, a joint licensing platform for various wireless connectivity (2G, 3G, 4G) standard essential patents (SEPs) in
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In 2003, Kessler left Weil to join the law firm Dewey Ballantine. Dewey Ballantine later merged with the law firm LeBoeuf, Lamb and Kessler became a senior partner at the newly created "super firm" Dewey & LeBoeuf, where he was the chairman of the firm's global litigation department, co-chairman
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in notoriety, Kessler recently served as lead class counsel for the World Cup-winning USWNT players in their highly publicized action against the U.S. Soccer Federation (USSF), in which they contended that they have been denied their legal right to equal pay and working conditions to the members of
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Kessler was a lecturer in law at Columbia Law School, where he taught a course on complex litigation. He has written and lectured on a wide variety of antitrust, sports law, and related topics. He published a new edition of International Trade and U.S. Antitrust Law, a leading treatise on antitrust
503:
Kessler has been married to his wife Regina since 1977 and has lived in New York his entire life. He has two children and four grandchildren. His son Andrew Kessler, is an NFL Agent at the Athletes First Agency and is father to Olivia and Jordan Kessler. His daughter, Leora Rosenberg, is mother to
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representation of international athletes facing discrimination (Pistorius and Semenya), Kessler and a Winston team represented double amputee Blake Leeper in his Court of Arbitration for Sport (CAS) challenge to discriminatory rules against disabled athletes and succeeded in overturning the unfair
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Kessler’s representation of players’ unions continued through the NFLPA’s and the NBPA’s most recent collective bargaining negotiations, as well as through the COVID-19 pandemic, during which he represented the unions in negotiating their return-to-work agreements. He also represented the MLBPA in
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allege that NCAA's rules limiting student athletes from profiting from their name, image, and/or likeness (NIL) violated antitrust law by prohibiting them from earning NIL-related compensation until July 1, 2021, and continue to do so by imposing anticompetitive restrictions via NCAA's current NIL
304:
In May 2012, Kessler left Dewey & LeBoeuf and joined the firm of Winston & Strawn. Dewey had experienced mass partner defections in 2012 for a variety of reasons, and despite his best efforts in conjunction with several other of the firm's most prominent and successful partners to save the
459:
Kessler is devoted to supporting social justice. In June 2023, Kessler was honored with the AJCF Advocacy Award presented by the Auschwitz Jewish Center Foundation at their annual Gala. The award recognized Kessler as an ally and advocate in light of his longstanding commitment to social justice,
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Since joining Winston, in his most widely reported triumph, Kessler led the Winston team that secured a spectacular victory on behalf of classes of Division I college football and basketball athletes in their landmark antitrust challenge to the compensation restrictions maintained by the National
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work for South African Amputee Sprinter Oscar Pistorious and Castor Semanaya. Both runners were successfully represented by Kessler and allowed to compete in the Olympics despite challenges from the International Association of Athletics Federations (IAFF). Kessler continued to negotiate the free
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and was included in Super Lawyers, Corporate Counsel Edition (2009) as well as The Lawdragon 500 Leading Lawyers in America (2005, 2006, and 2008 through 2021) and Lawdragon 500 Leading Litigators in America (2006). Kessler was named as a New York Super Lawyer (2006 through 2021).
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and trade law issues in a global economy, and was co-editor-in-chief of State Antitrust Practice and Statutes. Kessler is a former council member and co-chair of the Publications Committee and chairman of the International Antitrust Law Committee, of the Antitrust Section of the
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for four of his impressive wins: (1) his March 2019 trial and (2) his June 2021 unanimous U.S. Supreme Court trial victories for classes of college athletes in their landmark antitrust challenge against the NCAA’s compensation restrictions in the
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Kessler also led the team in a case that made national headlines in the United States for the NFLPA, scoring an historic victory for the NFLPA and NFL players Scott Fujita, Anthony Hargrove, Will Smith and Jonathan Vilma in the so-called
101:, where he also serves as Co-Executive Chairman and co-chair of the firm's antitrust/competition practice and is a member of the firm's executive committee. Until May 2012, he was the global litigation chair at the international law firm
419:” controversy. The victory allowed the players to rejoin their teams after an arbitration vacated the suspensions issued by Roger Goodell for allegedly participating in a program which rewarded players for knocking out their opponents.
205:
Kessler became known as one of the most prominent sports lawyers in the United States as he became regularly engaged in high-profile sports litigation. He litigated a number of landmark sports-antitrust cases while at Weil, including
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policy. Plaintiffs seek monetary damages for previous denial of these rights and an injunction restraining the NCAA from enforcing current rules. Most recently, a Winston team led by Kessler, along with Hagens Berman, filed another
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Kessler has achieved other recent wins in significant antitrust cases, including (1) on behalf of Panasonic, sustaining Panasonic's efforts to oppose the motion of Indirect Purchaser Plaintiffs to achieve class certification in
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as it confirms the broad protections unions enjoy when they act in their self-interest and not in combination with non-labor groups. This win was recognized by The American Lawyer with a “Litigator of the Week” Shout Out nod.
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and that publication has named him one of the 20 Most Influential People in the NFL numerous times, including in 2011. Kessler has also been named, repeatedly, a National Antitrust and General Commercial Litigation Star by
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Adding to his antitrust wins on behalf of labor in the sports and entertainment industries a team led by Kessler defended Actors’ Equity Association (“Equity”)—a union representing actors in Broadway theaters—in the case
638:"Dewey Ballantine Adds Senior Litigation Attorneys, Jeffrey L. Kessler and David G. Feher, to Its New York Office; Kessler Named Co-Chairman of Firm's Litigation Department; Feher Joins as Partner. - Free Online Library"
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rule prohibiting official season professional soccer league games from being played outside of a team's or league's FIFA-designated country, and earned Jeffrey and his team a “Litigator of the Week” Runner-Up spot from
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Since joining Winston, Kessler has also continued to handle numerous disputes on behalf of the NBPA and NFLPA and the high-profile athletes they represent, including representing New England Patriots quarterback
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214:(NFL). He also handled numerous other high-profile sports law cases during his time at Weil Gotshal, including for the NFLPA; the NBPA; the Arena Football League Players Association (AFLPA); the
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Collegiate Athletic Association (NCAA) and its member “power conferences.” Following oral argument by Kessler, on March 31, 2021, the U.S. Supreme Court issued a unanimous decision in the
1063:
283:, The Lawdragon 500 Leading Lawyers in America 2005, 2006, and 2008 through 2011, and The Lawdragon 500 Leading Litigators in America 2006. Kessler is named in the 2011 edition of
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represented a number of U.S. and international companies in criminal and civil investigations in the antitrust and trade areas and was part of the team that successfully defended
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which named him one of the U.S.'s "Top 100 Trial Lawyers" and a "National Litigation Star" for General Commercial Litigation and Antitrust (2017-2022). He is recognized by the
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in his roster bonus arbitration, Plaxico Burress in his signing bonus arbitration, and numerous other players in successful arbitrations and "special master cases".
105:, where he was also the co-chair of the sports litigation practice group and served on the firm's executive and leadership committees. His major clients include the
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338:, which seeks triple damages for college athletes injured by NCAA restrictions on education-related compensation for collegiate athletes held to be unlawful in
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and as a New York Super Lawyer in 2006 through 2012, and he has been named as one of The 50 Most Influential People in Sports Business by Street & Smith's
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in successfully contesting at the district court level, a four-game suspension, imposed by NFL Commissioner Roger Goodell in connection with the “
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In the sports arena, Kessler has been named as one of "The 50 Most Influential People in Sports Business" by Street & Smith’s
1641:"Litigator of the Week: Jeffrey Kessler Takes the Fight to Get NCAA Athletes Compensated from the Trial Court to the High Court"
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litigation;(3) his March 2018 defeat of the Indirect Purchaser Plaintiffs’ third attempt to obtain class certification in the
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260:. He was a founding member of the board of advisors of the Georgetown University Study of Private Antitrust Litigation.
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win and as his next step in protecting the rights of amateur athletes, a Kessler-led Winston team joined the follow-on
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1702:"Winston & Strawn Co-Executive Chairman Jeffrey Kessler to Be Honored by the Auschwitz Jewish Center Foundation"
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agency/salary cap systems in the NFL and NBA on behalf of his player union clients, and he successfully represented
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1384:"Fifth Circuit Takes U-Turn, But Still Concludes Automotive Supplier Can't Force SEP Holder to Issue License"
521:
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256:(ABA). He was also a member of the ABA's NAFTA Tri-National Committee and an adjunct professor of law at
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MDL against Panasonic; and (4) his September 2015 victory on behalf of Tom Brady and the NFLPA in the “
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the U.S. Men's National Team (soccer), who declared their support for the USWNT's position. The case,
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MDL and (2) on behalf of NTN Corporation, successfully arguing on behalf of all defendants in the
210:, which culminated in the antitrust jury trial that led to the establishment of free agency in the
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1064:"Winston & Strawn - Winston & Strawn Elects Jeffrey Kessler and Dan Webb as Co-chairmen"
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and Alameda County, in groundbreaking sports law disputes. He also successfully represented
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1409:"Second Circuit Reaffirms Association Rules are Concerted Conduct Subject to Section 1"
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546:"Jeffrey L. Kessler - Antitrust, Sports Law & Trial Lawyer - Winston & Strawn"
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as a “Litigation Trailblazer” (2019) for his groundbreaking work in the sports arena.
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1107:"Federal Judge Rules NCAA Cannot Limit Compensation, Benefits 'Related to Education'"
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943:"USA - Nationwide - Sports Law Lawyers & Law Firms - USA - Chambers and Partners"
39:
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145:, in 1954 to Edith and Milton Kessler. He grew up in a community in Brooklyn near
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Since joining Winston, Kessler has earned “Litigator of the Week” recognition by
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Chambers USA - America's Leading Lawyers for Business and Best Lawyers in America
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against claims of a worldwide conspiracy in the landmark U.S. Supreme Court case
1727:"Jeffrey Kessler Receives The Legal Aid Society's 2019 Servant of Justice Award"
818:
453:
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149:, called "Sea Gate," with his parents and his older sister Linda. He went on to
1616:"Litigator of the Week: Winston's Jeffrey Kessler Scores for College Athletes"
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416:
1546:"MLB, MLBPA Criticize 'Frivolous' Lawsuit over 2021 All-Star Game Relocation"
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litigation as co-lead plaintiff's counsel. The student athlete plaintiffs in
1191:"US women's soccer team reach landmark $ 24m settlement in equal pay battle"
404:
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in 1977. He was one of five Columbia alumni who received the college's 2016
106:
1165:"Judge approves $ 24 million settlement between USWNT players, U.S. Soccer"
794:"The Gender Confusion Chronicles: A Fast-Paced Look at Sports and the Law"
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defeating a preliminary injunction sought against the 2021 All-Star Game.
725:"pro basketball nba star who choked coach wins reinstatement of contract"
1564:"Blake Leeper Response To Court Of Arbitration For Sport (CAS) Decision"
1510:"Patriots: Brady's lawyer, Jeffrey Kessler, has had success against NFL"
1745:"Five Columbia College alumni honored at annual John Jay Awards Dinner"
223:
1666:"Jeffrey Kessler Named "Litigator of the Week" by The American Lawyer"
1492:"Winston & Strawn Scores for NFL Players in Saints' "Bounty" Case"
1317:"Winston Defeats Class Certification for Panasonic for the Third Time"
1125:"NIL lawsuit with ASU swimmer as lead plaintiff allowed to go forward"
1341:"Winston Receives 2019 GCR Award for Auto Parts Antitrust Litigation"
463:
Kessler has also been recognized by numerous publications, including
1591:"Pyeongchang Olympian Adeagbo files arbitration request before CAS"
1292:"Winston Team Receives a Shout Out in Litigator of the Week Column"
684:"McNeil v. The NFL - The Case That Brought Free Agency to the NFL"
121:(NBPA), William Morris Endeavor, Activision Blizzard, Avanci, the
1460:"Judge Erases Tom Brady's Suspension; N.F.L. Says It Will Appeal"
387:
MDL—one of the largest series of antitrust cases in U.S. history—
1684:"Litigator of the Week: Jeffrey Kessler of Winston & Strawn"
263:
Kessler has been recognized by numerous publications, including
1843:"Jeffrey L. Kessler - Antitrust, Sports Law & Trial Lawyer"
1806:
522:"Jeffrey L. Kessler - Antitrust, Sports Law & Trial Lawyer"
195:
129:(USWNT) soccer players, NTN Corporation, Relevant Sports, and
1528:"Sports lawyers keep the ball rolling in the age of COVID-19"
1359:"Continental Automotive Systems, Inc. v. Avanci, LLC, et al"
1267:"Union Is Exempt From Producer's Antitrust Suit, Judge Says"
1242:"Actors Union Previews Counter To Producer's Boycott Claims"
1050:"Dewey's Jeffrey Kessler Heading to Winston & Strawn"
617:"FindLaw's United States Supreme Court case and opinions"
1089:"High Court Says NCAA Can't Limit Athlete Education Pay"
837:"Plaxico Burress wins grievance against New York Giants"
465:
Chambers USA – America's Leading Lawyers for Business
632:
630:
1823:"Double amputee wins right to qualify for Olympics"
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State Antitrust Practice & Statutes 2nd Edition
819:"Victory for Vick: QB can keep millions from bonus"
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1781:"NBA at 75: 75 people who grew the NBA's business"
1434:"Litigator of the Week Runners-Up and Shout Outs"
873:"International Trade and U.S. Antitrust Law, 2d"
660:
658:
450:In re Lithium Ion Batteries Antitrust Litigation
377:In re Lithium Ion Batteries Antitrust Litigation
769:"NIT claims NCAA's must-compete policy harmful"
592:"Five Alumni Honored at John Jay Awards Dinner"
1024:"Jeffrey Kessler Profile Benchmark Litigation"
477:Guide to the World's Leading Antitrust Lawyers
269:Guide to the World's Leading Antitrust Lawyers
230:in his controversial suspension arbitration.
8:
1891:Lafayette High School (New York City) alumni
1143:"NCAA Faces New Multimillion-Dollar Lawsuit"
1028:Benchmark Litigation Jeffrey Kessler Profile
177:for distinguished professional achievement.
115:National Football League Players Association
1901:People associated with Winston & Strawn
743:"Dewey & LeBoeuf - Kessler, Jeffrey L."
97:is a partner at the international law firm
918:"Dewey & LeBoeuf - Kessler, Jeffrey L"
216:National Hockey League Players Association
18:
123:Major League Baseball Players Association
513:
119:National Basketball Players Association
990:: CS1 maint: archived copy as title (
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561:
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385:In re Auto Parts Antitrust Litigation
7:
368:labor groups facing antitrust claims
169:as a Kent Scholar and editor of the
666:"Jeffrey L. Kessler Lawyer Profile"
389:the only class certification motion
381:In re Bearings Antitrust Litigation
127:United States Women's National Team
1896:Columbia College (New York) alumni
14:
1803:"Dewey & LeBoeuf LLP - Home"
694:from the original on 2021-12-21.
481:Who's Who of Competition Lawyers
273:Who's Who of Competition Lawyers
745:15 January 2010. Archived from
706:"Sprewell Wins NBA Arbitration"
161:in the class of 1975 and then
1:
1805:. 8 July 2008. Archived from
1589:Tennery, Amy (8 March 2022).
1048:Lattman, Peter (9 May 2012).
723:Wise, Mike (5 March 1998).
360:Drabinsky v. Actor’s Equity
285:The Best Lawyers in America
16:American lawyer (born 1954)
1917:
1886:Columbia Law School alumni
1458:Belson, Ken (2015-09-03).
187:Weil, Gotshal & Manges
131:Actors' Equity Association
1010:Sportsbusinessjournal.com
504:Logan and Ari Rosenberg.
435:Rankings and Recognitions
426:Following up on his past
281:Corporate Counsel Edition
275:and has been included in
185:Kessler began working at
77:Co-executive chairman of
1006:"SportsBusiness Journal"
254:American Bar Association
212:National Football League
1785:Sports Business Journal
1413:The National Law Review
1217:"President Biden Tweet"
947:Chambersandpartners.com
493:he National Law Journal
489:Sports Business Journal
473:Benchmark Litigation US
469:Best Lawyers in America
383:, which is part of the
294:Benchmark Litigation US
109:Corporation (formerly,
621:Caselaw.lp.findlaw.com
596:Columbia College Today
334:successor litigation,
289:SportsBusiness Journal
267:. He is recognized by
398:The American Lawyer."
1731:Winston & Strawn
1670:Winston & Strawn
1496:Winston & Strawn
1345:Winston & Strawn
1321:Winston & Strawn
1296:Winston & Strawn
526:Winston & Strawn
200:Zenith v. Matsushita
165:. He graduated from
141:Kessler was born in
99:Winston & Strawn
79:Winston & Strawn
859:Columbia Law School
571:Columbia Law School
441:The American Lawyer
192:Matsushita Electric
181:Professional career
167:Columbia Law School
163:Columbia Law School
151:Columbia University
111:Matsushita Electric
103:Dewey & LeBoeuf
51:Columbia University
1787:. 11 October 2021.
1749:Columbia Spectator
1464:The New York Times
1197:. 22 February 2022
1111:Sports Illustrated
825:. 4 February 2008.
749:on 15 January 2010
258:Fordham Law School
143:Brooklyn, New York
95:Jeffrey L. Kessler
36:Brooklyn, New York
23:Jeffrey L. Kessler
1763:"Jeffrey Kessler"
855:"Jeffrey Kessler"
567:"Jeffrey Kessler"
208:McNeil v. The NFL
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