In the antitrust area, Mr. Martino has handled litigations involving alleged price-fixing, group boycotts, monopolization, other restraints of trade, and class actions. Mr. Martino has served as lead counsel for Express Scripts and its affiliates in a number of litigations in federal and state court alleging violations of Sections 1 and 2 of the Sherman Act, the RICO statute, and state antitrust and consumer protection laws, as well as in investigations by state attorneys general. Mr. Martino also represented CEMEX in a class action alleging price-fixing, as well as market and customer allocations. Other representations include HarperCollins Publishers in the ebooks price-fixing class action litigation; Pfizer Inc in a class action alleging monopolization with respect to the drug Neurontin; Ainsworth Lumber Company in an antitrust class action alleging price-fixing in the oriented strand board industry; and IASIS Healthcare in an antitrust action challenging a series of exclusive contracts. Mr. Martino also provides general antitrust counseling, advising clients on compliance with state and federal antitrust laws, including issues relating to joint ventures, competitor collaborations, unilateral conduct and distribution.
In the sports area, Mr. Martino has extensive experience representing professional sports leagues and teams in a variety of litigation and sports law matters. He currently is representing the National Hockey League (NHL) in lawsuits brought by retired NHL players claiming injuries as a result of concussions and sub-concussive impacts purportedly sustained during their NHL playing careers. He also recently represented the NHL and eight of its teams in a consumer class action antitrust litigation challenging the NHL’s broadcasting rules and practices. Previously, he represented the NHL in its litigation against Madison Square Garden, as well as in its defense against an attempt by the owners of the Phoenix Coyotes to relocate the team, through bankruptcy, over the NHL’s objection. He also advised the NHL and the National Basketball Association (NBA) and their member teams in their recent labor disputes and lockouts, and has represented the NHL and the NBA in connection with player and team arbitrations. Mr. Martino has litigated other disputes on behalf of the NHL, the NBA, the National Football League, and their teams, involving relocation, intellectual property rights, contractual issues, and other legal matters. He also has counseled those leagues with respect to a variety of business practices and agreements, including licensing, sponsorship, merchandising, events, new media, telecast rights and season ticket holder agreements.
Mr. Martino serves as hiring partner for Skadden’s New York office. He was named as a Future Star in Benchmark Litigation 2021.