Gordon Schnell

Gordon Schnell has been a partner of Constantine Cannon since 1999, focusing on antitrust and fraud. He practices before all levels of federal court and regularly represents clients on antitrust and fraud matters before the Department of Justice, Federal Trade Commission and other federal and state enforcement agencies. Mr. Schnell litigates and counsels clients on a vast range of antitrust and other complex commercial litigation issues. He also represents whistleblowers under the False Claims Act, Dodd-Frank and the vast array of other whistleblower laws.

Mr. Schnell graduated from Columbia University School of Law in 1991 as a Stone Scholar, and from Tufts University in 1986, summa cum laude, with a degree in electrical engineering and physics. He also attended the University of Otago in Dunedin, New Zealand, on a Rotary Foundation Fellowship. Mr. Schnell is a two-time recipient of the N. Hobbs Knight Prize Scholarship in Physics, is listed in the International Who’s Who of Competition Lawyers, and has been selected repeatedly to the Thomson Reuters listing of New York Super Lawyers.

Mr. Schnell writes and speaks extensively on antitrust and fraud issues and has been featured in the Global Competition Review, European Competition Law Review, Competition Policy International, National Law Journal, and New York Law Journal, among other legal and industry publications. He is routinely interviewed and quoted in major business publications across the country, including the Wall Street Journal, New York Times, Forbes, CNN, Bloomberg, USA Today, Newsweek and NPR. Prior to joining Constantine Cannon, Mr. Schnell was associated with the law firm of Coudert Brothers. Prior to law school, he worked briefly as an electrical engineer for Westinghouse.

Notable Recent Representations:

  • US ex rel. v. Merck — Mr. Schnell currently represents two virologists formerly employed at Merck who have brought a qui tam action under the False Claims Act, alleging Merck has defrauded the government through (i) Merck’s ongoing failure to disclose and efforts to conceal the alleged significantly diminished efficacy of its mumps vaccine, and (ii) Merck’s continued sale to the government of a vaccine that it allegedly falsely represents as having an efficacy rate significantly higher than it actually is.  Mr. Schnell defeated Merck’s motion to dismiss and the case is currently pending in the United States District Court for the Eastern District of Pennsylvania.  See 2014 WL 4407969.
  • US ex rel. v. Rose Cancer Center — Mr. Schnell represented Kristi Beeson who reported Medicare fraud violations at her former employer Rose Cancer Center in Mississippi.   Ms. Beeson, who was a laboratory technician for the clinic, brought a qui tam action under the False Claims Act against the clinic alleging, among other things, unqualified technicians performing bone marrow biopsies, diluting chemotherapy drugs, and doctoring patient records to conceal the clinic’s fraudulent Medicare billings.  The physician who owned and ran the practice, Dr. Meera Sachdeva, pleaded guilty to various Medicare fraud violations, forfeited $5.7 million, and is now serving a 20 year prison sentence for her crimes.
  • Sealed Whistleblower Matters — Mr. Schnell is currently handling or investigating (or has recently done so) numerous whistleblower matters under the False Claims Act and SEC/CFTC whistleblower provisions of the Dodd-Frank Act involving one or more of the following subject areas: Commodities/Securities Manipulation; Failure to Comply With Government Requirements/Standards; False Government Certifications; Financial Services Fraud; Government Contracting Fraud; Government Grant Fraud; Government Overcharges; Illegal Kickbacks; Illegal Upcoding; Medicare/Medicaid Fraud; Medicare Part C Fraud; Monopolization; Price-Fixing, Securities Fraud; Selling Defective Products; and Providing Unqualified, Unnecessary Healthcare Services.
  • Wal-Mart Stores, Inc. et al. v. Visa U.S.A., Inc. and MasterCard Int’l Inc.  Mr. Schnell represented Wal-Mart, Sears, Safeway and a class of roughly 5 million U.S. merchants in this antitrust class action against Visa and MasterCard.  After the plaintiffs won summary judgment on a majority of the claims in this action, the parties settled with the plaintiffs recovering $3.05 billion and injunctive relief valued by the court at tens of billions of dollars more.  This landmark victory remains one of the largest antitrust settlements in U.S. history.  See 297 F. Supp. 2d 503, aff’d 396 F.3d 96.
  • Supreme Fuels v. IOTC.  Mr. Schnell represented Supreme Fuels, a multinational government/military supply contractor, in an antitrust/RICO action relating to the company’s loss of a $1 billion contract to supply fuel to the U.S. troops in Iraq.  The case was settled shortly after Mr. Schnell defeated the defendant’s motion to dismiss the case.  See 2009 WL 5128504.
  • Kearse v. Kaplan, Inc.  Mr. Schnell represented Kaplan in a proposed class action alleging a per se illegal market allocation agreement between Kaplan and BAR/BRI involving their respective LSAT and bar review prep courses.  Mr. Schnell successfully dismissed the action on the pleadings.  See 692 F. Supp. 2d 398.
  • Cherny v. Emigrant Bank.  Mr. Schnell represented Emigrant Bank in a proposed class action challenging certain conduct relating to the bank’s online banking practices.  Mr. Schnell successfully dismissed the action on the pleadings.  See 604 F. Supp. 2d 605.
  • Funeral Consumers Alliance et al. v. Service Corp. Int’l. et al.  Mr. Schnell represented a consumer rights group and individual consumers in a price-fixing/group boycott challenge against the three largest funeral home chains and largest casket maker in the U.S.  Mr. Schnell successfully argued before the Fifth Circuit Court of appeals to reverse the district court’s dismissal of this action.  See 695 F.3d 330.
  • Kesmai Corp., et al. v. America Online, Inc. et al.  Mr. Schnell represented The News Corporation subsidiary Kesmai Corporation in this antitrust and fraud action against the former America Online.  This case settled on the eve of trial after Mr. Schnell defeated America Online’s motion to dismiss the case on summary judgment.
  • Dolan et al. v. Fidelity National Titles Ins. Co.  Mr. Schnell represented numerous consumers in this price-fixing challenge to the collective setting of New York title insurance rates by the country’s four largest title insurance companies.  Subsequent to the filing of the complaint and its front page coverage in the Wall Street Journal, more than 75 “copycat” actions were filed in numerous jurisdictions throughout the country.

Gordon Schnell's Publications & Speeches

Aug222016
Why you should care about National Whistleblower Appreciation Day

The Hill (August 22, 2016) Click here to read the article.

Read More
Jul62016
Anatomy of an IRS Phone Scam

Think Advisor (July 6, 2016) Click here to read the article.

Read More
Apr282016
Trump University: A Foreboding

US News and World Report, (April 28, 2016) Click here to read the article.

Read More
Mar302016
New Clarity On FCA Public Disclosure Bar For Whistleblowers

Law360 (March 30, 2016) Click here to read the article.

Read More
Mar72016
Maybe Too Big To Jail, But Never Too Small

Huffington Post (March 7, 2016) Click here to read the article.

Read More
Dec32015
Yes, We Need Whistleblower Rewards

The FCPA (December 3, 2015) Click here to read the article.

Read More
Nov162015
DOJ Scores Big With Record-breaking Alstom FCPA Sentence -- Who's Next On the DOJ'S FCPA Hit List?

Offshore Alert (November 16, 2015) Click here to read the article.

Read More
Oct142015
Deflategate's Ultimate Lesson: The NFL Needs a Whistleblower Program

Huffington Post, (October 14, 2015) Click here to read the article.

Read More
Aug272015
Whistleblowing in Antitrust: Prospects and Pitfalls

American Bar Association presentation. Click here for audio recording.

Read More
Aug72015
Moving Beyond the "Ag" In "Ag-Gag" -- the Next Wave of Anti-Whistleblower Legislation?

Huffington Post (August 7, 2015). Click here to read the article.

Read More
Apr12014
The hypocrisy of big-time college sports

CNN (April 1, 2014). Click here to read the article.

Read More
Dec242013
Why Whistleblowers Like Edward Snowden Will Keep Running to the Press

Business Insider (Dec. 24, 2013) Click here to read the article.

Read More
Nov12013
Bring In the Whistleblowers and Pay Them - the Next Logical Step In Advancing Antitrust Enforcement

Competition Policy International (November 2013). Click here to read the article.

Read More
Jun272013
How to Prevent the Next Bradley Manning and Edward Snowden

Roll Call (June 27, 2013) Click here to read the article.

Read More
Jun142013
Presentation at American Bar Association Healthcare and Pharmaceutical Committee

Meeting on recent developments in whistleblower legislation and litigation.

Read More
May92013
Ag-Gag Laws Seek to Put Factory Farms Off-Limits to Whistleblowers

The Hill (May 9, 2013) Click here to read the article.

Read More
Apr92013
Rutgers Scandal Just the Latest Example of the Need for Whistleblower Reform in College Sports

College Sports Business News (April 9, 2013) Click here to read the article.

Read More
Apr22013
Some Greater Clarity on the FCPA's Reach Over Foreign Nationals

Thompson Reuters publishes article by Constantine Cannon partners Gordon Schnell and Jean Kim. (April 2, 2013)  Click here to read the article.

Read More
Mar12013
Deterring Financial Crime -- Reconciling and Improving Upon the Diverging Approaches of U.S. Antitrust and Financial Regulation

Competition Policy International (March 2013) Click here to read the article.

Read More
Nov292012
Presentation at American Bar Association Corporate Counseling Committee

Meeting on the current state of whistleblower legislation and antitrust enforcement.

Read More
Nov272012
Lesson Learned from the Petraeus Affair - Intelligence Agents Need Whistleblower Protections Too

The Hill (November 27, 2012) Click here to read the article.

Read More
Nov52012
NFL Falls Short In Protecting Its Bountygate Whistleblower

Sports Business Journal (November 5, 2012) download PDF

Read More
Sep262012
Two U.S. Courts Offer Conflicting Guidance On Protections for Internal Reporting

Thompson Reuters (September 26, 2012) download PDF

Read More
Sep62012
The Age of the Whistleblower — A Time of Greater Incentives, Protections and Appreciation for the Corporate Snitch

Law 360 (September 6, 2012) download PDF

Read More
Aug62012
Expanding Protections for Antitrust Whistleblowers — A Good Start But Not Nearly Enough

The Hill (August 6, 2012) Click here to read the article.

Read More
Jul12012
Cooperation Agreements with Departing Employees: An Easy Way To Avoid a Whole Lot of Trouble

download PDF

Read More
Nov172011
Improving the Mighty BCS - But Not Through Antitrust

Presentation at Thomas Jefferson Law School's Center for Sports Law and Policy Conference on the BCS and the Future of Big-Time College Football, San Diego,...

Read More
Sep12011
How To Catch A Thief -- Corporate Leniency And The Irrepressible Challenge Of Cartel Detection; Finding A Better Way

em>Competition Policy International (September 2011) download PDF

Read More
May92011
We've been here before, and football on Sundays survived

Street & Smith's Sports Business Journal, May 9-15, 2011 download PDF

Read More
Mar172011
The Real March Madness: The Failed BCS Championship and Why the Antitrust Laws Are Not the Answer

Competition Law 360, March 17, 2011 download PDF

Read More
Aug232010
Antitrust laws do not provide answer to reforming BCS

Street & Smith's Sports Business Journal (Aug. 23-29, 2010) download PDF

Read More
Nov122008
A Call to Albany: It's Time to Amend the Donnelly Act

(with Sam Rikkers) New York Law Journal, November 12, 2008 download PDF

Read More
May72008
European Commission "White Paper" On Private Antitrust Litigation Reform In The UK And Europe

Presentation at Centaur Conference, London, England.

Read More
Apr12008
Exporting U.S. Competition Law

Global Competition Review, April 2008, at pp.35-36. download PDF

Read More
Feb62008
RPM - What's all The Ruckus About?

Competition Law 360, February 6, 2008 download PDF

Read More
Dec52007
Twombly Pleading Standard: Good Idea, Bad Execution

New York Law Journal, December 5, 2007 download PDF

Read More
Nov12007
Class Action Madness in Europe -- a Call for a More Balanced Debate

European Competition Law Review, November 2007, at 617-19. download PDF

Read More
Apr242007
The Case For And Against Antitrust Class Actions

Presentation at IBC Advanced EC Competition Law Conference, London, England.

Read More
Jun52006
The Extraterritorial Limits Of United States Competition Law

Presentation at International Law Association's Biennial Conference, Toronto, Canada.

Read More
Feb62006
Repairing the Failed Debit Card Market: Lessons from an Historically Inventionist Federal Reserve and the Recent Visa Check/MasterMoney Antitrust Litigation

2 N.Y.U. J. of L. & Bus. 147 (2005) (with Reiko Cyr) download PDF

Read More
Oct122005
Pfizer's Cholesterol Gambit: Dodging the Antitrust Laws?

The New York Law Journal , Oct. 12, 2005, at 4 & 6 download PDF

Read More
Sep52005
Exclusive Dealing

The National Law Journal, Sept. 5, 2005, at 16 download PDF

Read More
Sep12005
The Visa Check/MasterMoney Antitrust Litigation: an Early Report on the Comparative Efficacy of Antitrust and Federal Reserve Intervention to Repair the Failed United States' Debit Card Market

N.Y.U.J.L. & BUS. (FALL 2005)

Read More
Jul262005
Patents and the Presumption of Market Power: the Latest Twist in Tying Law

Andrews Antitrust Litigation Reporter, July 2005, at 15. Also published in Andrews Patent Litigation Reporter, July 2005, at 11; Andrews Software Law Bulletin, August 2005,...

Read More
Jun12005
Exclusivity: The Right and Wrong Way

Chain Store Age Magazine, June 2005, at 102. download PDF

Read More
Mar32005
Debit In The United States -- Where It's Going And From Where It Came

Presentation at IC Card World 2005, Tokyo, Japan.

Read More
Jul12004
Will Your Merger Pass Regulatory Muster

The Corporate Board, July/August 2004, at 18-22 download PDF

Read More
May12004
The Great Canadian Debit Debate

Credit Card Management, May 2004, at 12 download PDF

Read More
Apr152004
The Future Of Debit In The Aftermath Of The Merchant Litigation Against Visa And Mastercard

Presentation to: the American Bar Association Business Law Section; Thomson Card Forum; and, the PULSE EFT Board of Directors, St. Louis, Missouri. (April, 2004)

Read More
Dec82003
Muzzling Telemarketers

The National Law Journal, December 8, 2003, at 35 download PDF

Read More
Aug22002
An Antitrust Challenge to the National Resident Matching Program

The New York Law Journal, August 2, 2002, at 4. download PDF

Read More
Jun262002
An Overview Of The U.S. Merger Review Process

Presentation to invited guests at Constantine and Partners, New York, New York.

Read More
Jun242002
Iffy Prognosis For Intern Suit

The National Law Journal, June 24, 2002, at A12 download PDF

Read More
Jun52002
Antitrust Flash Points In The Consumer Products Industry

Presentation to Consumer Products Group at Deutsche Bank, New York, New York.

Read More
May72002
Antitrust Guidelines For Meetings Of Competitors

Presentation to JSTOR (The Scholarly Journal Archive) Annual Publishers Meeting, New York, New York.

Read More
May22002
The U.S. Merger Review Process -- What It Takes To Get It Done Quickly, Cheaply, And Effectively

Presentation to Westchester/Fairfield County Association of Corporate Counsel, Greenwich, Connecticut.

Read More
Mar282002
4(c) or Not 4(c): That Is the HSR Question

New York Law Journal, March 28, 2002, at 5. download PDF

Read More
Mar182002
Cooperation Agreements

Legal Times, March 18, 2002, at 32. download PDF

Read More
Feb42002
4(c) Disclosure: Don't Hold Anything Back

The National Law Journal, February 4, 2002, at A24. download PDF

Read More
Dec102001
Antitrust Walk-Away Provisions

The National Law Journal, December 10, 2001, at A19. download PDF

Read More
Dec12001
The "Pull and Trigger:" A Simple Way to Side-Step The Dreaded HSR Second Request

Andrew's Antitrust Litigation Reporter, December 2001, at 11. download PDF

Read More
Nov12001
The Do's and Don'ts of Premerger Coordination Between Buyers and Sellers

Altman Weil In-House Practice & Management, November 2001, at 10-11. download PDF

Read More
Sep72001
E-Payment Network Directors Risk Antitrust Scrutiny

American Banker, September 7, 2001, at 6. download PDF

Read More
Jul182001
Antitrust Guidelines For Joint Venture Participation

Presentation to STAR EFT Network Advisory Board, Memphis, Tennessee.

Read More
Sep11995
The Merger Review Process: A Step-by-Step Guide to Federal Merger Review

American Bar Association Section of Antitrust Law, 1995 (contributing author)

Read More

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: