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Emily Luken

Senior Associate

Washington, D.C.

Emily Luken is a Senior Associate in Orrick's Washington, D.C., office and a member of the Antitrust and Competition practice group.

Emily routinely handles all aspects of civil and class action litigation, from early motions practice to trial before a jury or arbitration panel. Her extensive litigation practice concentrates on antitrust and competition law, and she has represented plaintiffs, defendants, and third parties in high-stakes matters.

In addition to her litigation practice, Emily also advises clients on a spectrum of critical antitrust and competition matters, spanning government investigations, merger clearance, and strategic counseling. She adeptly navigates clients through the intricacies of regulatory inquiries and enforcement actions, specifically from the FTC and DOJ. She represents clients across a diverse range of industries, including technology, healthcare and life sciences, automotive, oil & gas, and professional membership organizations.

Notably, Emily has developed a focus on issues at the intersection of antitrust and intellectual property, with a particular emphasis on standards-essential patents (SEPs) subject to a commitment to license on fair, reasonable, and nondiscriminatory terms (FRAND). In addition to representing clients in licensing negotiations, litigation matters, and government outreach with respect to SEPs and FRAND, she has authored extensive thought leadership on this topic.

Prior to law school, Emily worked as a research assistant and project coordinator at the Brookings Institution in Washington, D.C.

  • Recent notable experience includes representing:

    • Carnival Corporation in a patent and contract dispute that also included an antitrust counterclaim successfully defeated at summary judgment
    • A larger insurer in connection with allegations of price fixing in violation of Sherman Act § 1
    • A technology company in connection with discovery in a number of antitrust enforcement actions against other technology companies
    • A platform network company in a case challenging the constitutionality of a COVID-19 Seattle ordinance that withstood a motion to dismiss
    • A pharmaceutical company in ongoing nationwide production liability actions in state and federal court in connection with HIV drug franchise