Daniel Vitelli

Daniel Vitelli is a partner in the New York office of Constantine Cannon.  Since joining the firm in 2010, Daniel has focused his practice on antitrust law; False Claims Act litigation; and commercial litigation, arbitration, and counseling.

Daniel’s antitrust practice includes litigation (private and class action), merger and acquisition advocacy and counseling, and company compliance and risk assessments.  His antitrust work has covered a wide range of industries, including healthcare, diagnostic imaging, dialysis, pharmacy, payment systems, telecommunications, standard setting, technology, trucking and intermodal transport, aftermarket auto glass, mining and processing of natural resources, and agricultural products.

Daniel’s False Claims Act practice encompasses litigation as well as advocacy before federal and state enforcers.  He has represented clients in cases concerning a number of industries, including pharmaceuticals and biologics, healthcare, and government defense.

Notable matters include

• Representing an auto glass wholesaler in a federal antitrust case alleging group boycott claims against competing auto glass wholesalers and auto glass manufacturers.
• Representing numerous diagnostic imaging practices that brought federal antitrust cases against an entity performing radiology benefits management services for large insurance companies.
• Representing the plaintiffs/relators in a federal False Claims Act case against KBR, a large government contractor that provided supply management and inventory services to the U.S. government in Iraq and Afghanistan under the LOGCAP III contract. The case alleged that KBR defrauded the government by submitting claims for payment for unnecessary procurement of new materials when excess quantities of the items were available.  The case resulted in a publicly reported settlement of $108.75 million, the largest settlement obtained in connection with allegations of fraud during the Iraq War.
• Representing the plaintiff/relator in a federal False Claims Act case against Visiting Nurse Services of New York, one of the largest home health agencies in the country. The case alleged that VNSNY defrauded the government by failing to provide patients all of the visits and services their doctors prescribed in patient Plans of Care.  The case resulted in a publicly reported settlement of $57 million.  It was the first reported False Claims Act settlement involving allegations that a home health agency failed to follow patient Plans of Care, and it was the largest non-kickback False Claims Act settlement against a home health agency.
• Representing a mobile telecommunications technology company in a federal antitrust case alleging conspiracy and monopolization claims against some of the largest telecommunications suppliers in the world and two standards setting organizations.
• Representing an association of trucking companies in a Federal Maritime Commission adjudicatory proceeding under the Shipping Act against several of the largest ocean carriers in the world and other entities. The case alleges unreasonable practices with respect to chassis.
• Representing a dialysis provider in a federal antitrust case alleging monopolization and attempted monopolization claims against one of the largest outpatient dialysis providers in the country.
• Representing pharmacies in numerous matters concerning the actions of pharmacy benefit managers.
• Representing a healthcare benefit management company in connection with its acquisition of another provider of benefit management services.
• Representing a putative class of riders in an antitrust case against ride hailing company.

A frequent author on a variety of legal issues, Daniel has published many articles on state and federal antitrust laws, civil procedure, and copyright law.  He also has presented at panels and conferences.

Daniel graduated from Vanderbilt University Law School in 2010.  While in law school, he was a member of the Moot Court Board, a semifinalist in the Bass Berry & Sims Moot Court Competition, and a quarterfinalist in the Mock Trial Competition.  In 2007, he graduated magna cum laude from Vanderbilt University, where he majored in Economics and Philosophy and minored in Music.

Daniel has been named to the New York Metro Super Lawyers list since 2022, and to the New York Metro Rising Stars list since 2015.  He was also a member of the New York State Bar Association Antitrust Section, Class Action Committee.

Daniel is admitted to practice in the State of New York, the United States Courts of Appeals for the Second Circuit, the United States District Court for the Southern District of New York, and the United States District Court for the Eastern District of New York.

Featured posts

• Bill To Reform New York’s Antitrust Laws Again Passes the State Senate (June 15, 2023)
• New York State Senate Passes Groundbreaking Antitrust Bill (May 26, 2022)
• New York Senate Amends Groundbreaking Antitrust Bill (May 19, 2022)
• Federal Indictment of Home Health Care Managers Highlights Antitrust Enforcers’ Increased Focus On Labor Markets (February 3, 2022)
• UPDATE: New York’s Groundbreaking Antitrust Bill Is Reported Out of Committee and Advances to the Senate Floor Calendar (January 12, 2022)
• New York’s Groundbreaking Antitrust Bill Is Back on the Agenda for the New Legislative Session (January 11, 2022)
• The Antitrust Year in Preview: Six Antitrust Developments to Watch in 2022 (January 3, 2022)
• New York’s Proposed Antitrust Overhaul Would Allow Recovery of Expert Fees (August 16, 2021)
• Massachusetts Court Unsettles Partners’ Hospital Merger By Nixing Consent Judgment (February 2, 2015)
• Massachusetts Court Hosts Debate On Whether Partners HealthCare Merger Settlement Will Affect The Common Health Of The Commonwealth (August 4, 2014)