Kelly Fayne

kelly.fayne@lw.com

+1.415.646.7897

Profile

Kelly Fayne guides many of the world’s most innovative companies through the evolving global antitrust landscape to advance their strategic objectives.

One of the sharpest economics minds in the antitrust bar, Kelly leverages data and cutting-edge economics to craft winning strategies for companies at the forefront of technology and innovation. She guides companies at the forefront on:

Global deal clearance strategies for their global M&A
Antitrust litigation, including merger defense
Antitrust compliance and counseling
Government conduct investigations before antitrust regulators in the US, EU, UK, Australia, and across Asia and Latin America

She represents clients from a wide range of industries and helps them navigate the strategic risk calculus unique to highly scrutinized sectors. Kelly also helps clients distill complex antitrust economic analysis and econometrics into persuasive arguments, including related to Web3 and AI technology.

A recognized leader in the industry and within the firm, actively participates in the ABA Antitrust Law Section, for which she frequently writes and speaks on a range of antitrust issues and serves as Vice Chair of the Economics Committee. She has also served as senior editor of the ABA Antitrust Law Section’s Antitrust Law Journal. Kelly is a local leader of Latham's Bay Area WEB Committee.

Before law school, Kelly was an analyst at a major economic consulting firm, where she supported expert economists in antitrust and intellectual property matters.

Experience

Kelly's experience includes advising:

10x Genomics in defense from counterclaims in a patent suit over spatial imaging technology
Various matters for Lime
Advanced Micro Devices on its US$4.9 billion cash and stock transaction purchase of ZT Systems
EverWatch on its merger clearance strategy and litigation defense against the US DOJ in connection with its proposed US $440 million acquisition by Booz Allen Hamilton, taking the matter from complaint through trial in less than three months and allowing for a same-year deal closing, for which the team received Am Law’s Litigator of the Week Runner-Up honors in October 2022
U.S. Sugar on defending against the DOJ’s challenge to its US$315 million acquisition of Imperial Sugar and defending that victory on appeal in the Third Circuit, winning a unanimous affirmance, garnering Am Law’s Litigator of the Week Runner-Up honors in September 2022 and July 2023
A leading entertainment client on multiple US DOJ investigations into various elements of its core business practice, as well as a congressional investigation
New Relic on its US$6.5 billion take-private agreement with TPG and Francisco Partners
Meta (formerly Facebook) on the antitrust considerations for acquiring GIPHY
SGH on acquiring Stratus Technologies
MGM on its US$8.5 billion acquisition by a multinational technology company
Meta (formerly Facebook) in general antitrust advice and on multiple acquisitions
Intuit on its US$7.1 billion acquisition of Credit Karma
AMD on its US$35 billion acquisition of Xilinx
Okta on its US$6.5 billion acquisition of Auth0
Entercom on its merger with CBS Radio