Elizabeth McKenna is a Partner at Milberg with 25 years of litigation experience. She currently focuses her practice on antitrust cases involving price-fixing, unlawful monopolization, and other anticompetitive practices, as well as complex and class action consumer protection and privacy cases.
Ms. McKenna is part of the team appointed lead class counsel/MDL co-lead counsel representing auto dealerships against the two leading providers of dealer management systems, In re Dealer Management Systems Antitrust Litigation, 18-cv-00864 (N.D. Ill.) (MDL No. 2687), which, to date, has yielded a settlement from one of the two defendants for $29.5 million. Ms. McKenna was also part of the team appointed co-lead counsel for Indirect Purchaser Plaintiffs in agricultural cooperative case, In re Fresh & Process Potatoes Antitrust Litigation, No. 4:10-md-2186 (D. Idaho).
Ms. McKenna’s active antitrust matters include In re Google Play Consumer Antitrust Litigation, 20-cv-05761(N.D. Cal.) (MDL No. 2687), representing consumers in a class action lawsuit alleging Google unlawfully limited competition by forcing Android users to use the Google Play app store and levying a supra-competitive fee on purchases and Series 17-03-615, a designated series of MSP Recovery Claims, Series LLC v. Express Scripts, Inc., 20-cv-50056 (N.D. Ill.), representing third-party payor insurance plans that were charged inflated prices for the drug H.P. Acthar Gel as a result of defendants’ anticompetitive practices.
Ms. McKenna’s current matters also include two “right to repair” antitrust cases: In re Deere & Company Repair Services Antitrust Litigation, 3:22-cv-50188 (N.D. Ill.) (MDL No. 3030) (alleging defendant monopolizes the repair service market for John Deere brand agricultural equipment and prevents farmers from repairing their own equipment) and In re: Harley-Davidson Aftermarket Parts Marketing, Sales Practices and Antitrust Litigation, 23-md-3064 (E.D. Wisc.) (MDL No. 3064) (alleging Harley-Davidson uses its monopoly power to force Harley motorcycle owners to use its compatible branded parts for repairs or risk losing warranty coverage).
Ms. McKenna’s past cases include contributions to In re Cathode Ray Tube (CRT) Antitrust Litigation, 4:07-cv-05944 (N.D. Cal.) (MDL No. 1917) ($542 million settlement); In re Liquid Aluminum Sulfate Antitrust Litigation, 16-md-2687 (D.N.J.) (MDL No. 2687) (settlements valued at $92.5 million); and Blessing v. Sirius XM Radio Inc., No. 09-cv-10035 (S.D.N.Y.) (settlement valued at $180 million).
Prior to joining Milberg, Ms. McKenna was an attorney in the New York office of Healy & Baillie, LLP (now part of Blank Rome LLP), where she practiced commercial litigation, as well as admiralty and maritime law. Her work included successfully defending a major oil company against a $12 million claim for wrongful termination of contract.
Ms. McKenna graduated from Columbia University with a B.A. degree in English and a J.D. degree from Fordham Law School. While at Fordham, Ms. McKenna was a Stein Scholar in Public Interest Law & Ethics, a member of the Fordham Environmental Law Journal, and Co-Director of the Fordham Student Sponsored Fellowship, an organization devoted to raising funds for summer stipends awarded to law students securing public interest internships.
Ms. McKenna is a member of the Committee to Support the Antitrust Laws (COSAL), the New York State Bar Association’s (NYSBA) Antitrust Committee, and the American Institute of Justice (AAJ).
Ms. McKenna is admitted to practice in New York.
- J.D., Fordham Law School
- B.A., Columbia University
- New York
- United States District Court for the Eastern District of New York
- United States District Court for the Southern District of New York