Kelly Smith Fayne

Kelly Smith Fayne is an associate in the San Francisco office of Latham & Watkins.

Ms. Fayne’s practice focuses on antitrust litigation, government reviews of merger and acquisitions, antitrust compliance and counseling, and government investigations. She also works closely with experts in preparing and presenting antitrust economic analysis and econometrics. Prior to joining Latham, Ms. Fayne was an associate at an international law firm where she represented clients from a wide range of industries, including telecommunications, private equity, retail, pharmaceuticals, industrial manufacturing and consumer products. She also currently serves as an associate editor of the Antitrust Law Journal.

Ms. Fayne received her JD in 2009 from the University of Chicago Law School, where she was the Co-chair of the Women’s Mentoring Program.  Prior to law school, she was an analyst at a major economic consulting firm supporting expert economists in antitrust and intellectual property matters.

  •  Contributor to Mergers and Acquisitions: Understanding the Antitrust Issues, 4th Edition, forthcoming 2015
  • “Bundled & Loyalty Discounts Under the Microscope at DOJ/FTC Workshop” Seller Beware: Consumer Protection Insights for Industry, July 12, 2014
  • “Intel Relies on Comcast Decision in Opposing Class Cert.” ABA Antitrust Section, Media & Technology E-Bulletin, Issue 2, May 2013
  • “Generic Drugmakers Will Challenge Patents Even When They Have a 97% Chance of Losing: The FTC Report that KDur Ignored” CPI Antitrust Chronicle, September 2012
  • “Ten Ways To Rethink Your Next Client Information Request: Practicing Under The 2010 Horizontal Merger Guidelines,” The Threshold, Fall 2010