Kendall Millard is a partner in the Indianapolis, Indiana office of Barnes & Thornburg LLP, where he serves as co-chair of the Antitrust and Competition Law Practice Group and is a member of the Litigation and Intellectual Property Departments. His practice focuses on antitrust, class actions and other large, complex commercial litigation.
Mr. Millard's practice has included representing and advising Fortune 100 companies and trade groups in large commercial disputes involving antitrust and intellectual property, in federal court, state court and arbitration. In the white collar arena, he has advised and defended clients involved in large national and international criminal antitrust investigations by the U.S. Department of Justice (USDOJ), the Canadian Competition Bureau (CCB), and the Japan Fair Trade Commission (JFTC). In the civil litigation arena, Mr. Millard has litigated cases concerning allegations of price fixing, customer allocation, resale price maintenance and minimum advertised pricing (MAP) policies, exclusive contracts, tying, boycotts, monopolization, and attempted monopolization, brought under Sections One and Two of the Sherman Act, California's Cartwright Act, New York's Donnelly Act, and other state competition laws. Mr. Millard was appointed and currently serves as co-liaison counsel for all defendants in the In re Polyurethane Foam Antitrust Litigation, pending in the Northern District of Ohio under the federal multidistrict litigation (MDL) procedures.
Mr. Millard has represented clients on antitrust matters in a wide range of diverse industries with products including hard tissue dental lasers, hospital beds, therapy and moveable medical equipment leases, and anesthesiology services in the medical device and healthcare industries; wholesale distribution services in the pharmaceutical industry; racing tires and sanctioned racing events in the sports and racing industries; strollers, car seats, high chairs, and vacuum cleaners in the baby and durable consumer products industries; cigarettes, packaged ice, bakery, and other perishable food and retail products in the grocery and supermarket industry; gas station franchises and truck stops in the oil and gas industry; ready mix concrete, aggregates, polyurethane foam, exterior insulation finishing systems (EIFS), and fiberglass insulation in the construction and manufacturing industries; engine and other component parts for automobiles and aircraft in the automotive, aerospace and high-tech industries; and software licenses in the computer industry.
Mr. Millard teaches the Antitrust Law course at the Indiana University Robert H. McKinney School of Law in Indianapolis, and regularly gives antitrust compliance presentations on antitrust topics to clients, trade associations and attorneys at continuing legal education events. Mr. Millard has also published articles and contributed to ABA publications on current antitrust developments. Mr. Millard has been named the Indiana Rising Star in antitrust litigation by Super Lawyers.
Mr. Millard has also tried cases and won appeals for indigent pro bono clients seeking asylum in the United States to avoid persecution in their home country on account of the client's political or religious beliefs or social group status. He received the Joseph A. Maley Pro Bono Award for this work in 2011.
Mr. Millard is an active member of the Rotary Club of Indianapolis, where he is chair of the World Community Service Committee and served on the Board of Directors; of the Power of One board of directors; and of St. Luke's United Methodist Church. He participated in the Stanley K. Lacy (SKL) Executive Leadership Series, and is a member of the Lacy Leadership Association.
Prior to joining Barnes & Thornburg LLP, Mr. Millard was an attorney at Arnold & Porter LLP in Washington, D.C., and at the Legal Aid Society of the District of Columbia. Prior to law school, Mr. Millard studied and taught for three years in Japan, learned Japanese, and taught English as a second language at IUPUI.
Mr. Millard received his B.A. in history and philosophy summa cum laude from Morningside College in Sioux City, Iowa, and an M.A. in East Asian studies from the University of Minnesota. He received his J.D. magna cum laude from Indiana University School of Law - Bloomington, where he served on the Indiana Law Journal, competed in the Jessup International Law Moot Court competition, and was a member of the Order of the Coif.
Mr. Millard is admitted to practice in Indiana, the District of Columbia, the U.S. District Court for the Northern and Southern Districts of Indiana, the U.S. District Court for the District of Columbia, the U.S. District Court for Northern District of Ohio, and the 2nd, 3rd, 4th, 6th, 7th, and 11th Circuits Court of Appeals. He is an active member of the American Bar Association Antitrust Section and its Intellectual Property Committee.
Publications
11/01/2010, Commercial Litigation Update - November 2010
06/01/2010, Market Definition in Antitrust: Theory and Case Studies - Chapter 9, Wholesaling and Franchising
07/01/2009, State Antitrust Practice and Statutes - Chapter 17, State of Indiana
09/01/2008, ABA Antitrust Section IP E-Bulletin - Issue No. 32
08/01/2008, ABA Antitrust Section IP E-Bulletin - Gillet Wins at Ninth Circuit on Fisher Tool's Antitrust...
05/01/2008, ABA Antitrust Section IP E-Bulletin - Settlements: Monsanto and Syngenta Settle All Antitrust...
05/01/2008, ABA Antitrust Section IP E-Bulletin: FTC Seeks to Compel Executive Testimony...
04/01/2008, ABA Antitrust Section IP E-Bulletin: European Commission Approves IBM's Acquisition of Telelogic
03/01/2008, ABA Antitrust Section IP E-Bulletin: Paxil Antitrust Suit Against Glaxsosmithkline Remanded...
12/10/2007, ABA Antitrust Section IP E-Bulletin: Court Permits Rambus to Expand Patent Infringement Claims...
11/07/2007, ABA Antitrust Section IP E-Bulletin: Mylan Acquisition and New FDA Approval Process for Generics
10/17/2007, ABA Antitrust Section IP E-Bulletin: Court of First Instance Affirms European...
09/13/2007, ABA Antitrust Section IP E-Bulletin: Court Dismisses SUMCO's Claims of Antitrust Violations...
08/13/2007, ABA Antitrust Section IP Committee E-Bulletin: World Bank Penalizes Two Indian Pharmaceutical...
06/10/2007, ABA Antitrust Section IP E-Bulletin: Three Recent Cases Where Antitrust Intersected With IP
05/01/2007, ABA Antitrust Section IP E-Bulletin: DOJ & FTC Issue Long-Awaited Joint Report...
Events
· Attorney Presentation - Antitrust for Business Lawyers: What you (And Your Clients) Need to Know
· Getting Your Product to the World
· Maximizing Your Patentable Inventions and Steering Clear of Landmines in a Problematic Economy