With: Jeffrey L. Kessler
Co-Executive Chairman of Winston & Strawn LLP
Host: John B. Quinn
Founder and chairman, Quinn Emanuel Urquhart & Sullivan
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Episode description:
John is joined by Jeffrey L. Kessler, Co-Executive Chairman of Winston & Strawn LLP. They discuss the remarkable antitrust trial Jeff won involving Live Nation and Ticketmaster.
In that case, the Department of Justice, 33 states, and the District of Columbia sued Live Nation and Ticketmaster, only for the DOJ to settle and withdraw from the case one week into the trial. The remaining states continued litigating and brought in Jeff as their new lead trial lawyer midway through the proceedings, an unprecedented action in major antitrust litigation. This required Jeff’s team to enter a complex jury trial with almost no preparation time, review a massive evidentiary record with the assistance of AI, coordinate with dozens of state attorneys general, and quickly reorganize witness presentations and trial themes.
The case centered on allegations that Live Nation and Ticketmaster unlawfully maintained monopoly power through long-term exclusive agreements, threats to withhold concert talent from venues using rival ticketing companies, and other conduct designed to block competition in ticket sales. The plaintiffs highlighted damaging internal company documents, including references to “boiling the frogs,” “digging a moat around the castle,” and using a “velvet hammer” to pressure venues, all of which became powerful evidence supporting claims of anti-competitive intent. The plaintiffs also relied on economic testimony and evidence showing that the companies internally acknowledged serious service and quality problems while publicly claiming their products were superior.
Jeff’s trial strategy included simplifying complicated antitrust theories for jurors, narrowing claims, reducing witnesses, and using AI tools to rapidly analyze deposition transcripts and evidence. After a lengthy trial and four days of jury deliberations, the plaintiffs secured a major verdict against Live Nation and Ticketmaster, with further proceedings still pending regarding damages and possible structural remedies, including the separation of Ticketmaster from Live Nation.
Published: May 29 2026
