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Blog Post | March 21, 2024

RealPage Enlists Ex-FTC Revolvers From BigLaw Firm Gibson Dunn To Fight Tenant Lawsuits

Anti-MonopolyBigLawDepartment of JusticeFTCHousingRevolving DoorTech
RealPage Enlists Ex-FTC Revolvers From BigLaw Firm Gibson Dunn To Fight Tenant Lawsuits

RealPage, the real estate company behind the rent-setting software YieldStar, is facing a legal firestorm. Off the heels of a major ProPublica expose and scrutiny from three state Attorneys General (DC, AZ, and NC), the company is facing multiple tenant class action lawsuits over its involvement in a massive rent-gouging scheme. 

To fight these lawsuits, RealPage has enlisted the help of notorious corporate law firm Gibson Dunn & Crutcher. A 2021 RDP report on Gibson Dunn documented the firm’s revolving-door partner roster and frequent representation of scandal-plagued corporations, including Facebook during the Cambridge Analytica scandal, Amazon in several worker abuse and antitrust cases, and Chevron in its smear campaign against human rights attorney Steven Donzinger. 

According to Law360, RealPage’s legal team in the Middle District of Tennessee tenant class action proceedings includes two Gibson Dunn lawyers who are former Federal Trade Commission (FTC) officials, one of whom previously represented RealPage in a 2017 anti-competitive acquisition.  

  • Michael J. Perry is a Gibson Dunn Partner and a member of the firm’s Antitrust and Competition Practice Group. Perry previously served as an attorney in the FTC’s Health Care Division from 2010 to 2015, and as Counsel to the Director of the Bureau of Competition from 2015 to 2016. Shortly after leaving government for BigLaw, Perry helped secure clearance from the Trump DOJ for RealPage to acquire pricing software from its biggest competitor for $300 million — doubling the number of apartments RealPage was pricing. Perry has also represented other gigantic corporations in merger and acquisition cases, including Amazon’s 2023 acquisition of One Medical and Merck’s 2020 acquisition of Virbac’s Sentinel business.

The rest of RealPage’s legal team includes other experienced defenders of corporate offenders: 

  • Daniel Swanson is a Gibson Dunn partner and former 25-year co-chair of the firm’s Antitrust and Competition Practice Group. Swanson’s firm biography proudly touts that he “frequently represents clients in connection with price-fixing allegations, and has handled more than 25 international cartel investigations.” Swanson was also co-lead counsel for Apple in the Epic Games-App Store monopolization lawsuit and lead counsel for MGM in the landmark 2020 repeal of long-standing Paramount consent decrees, which gave big Hollywood studios extraordinary market power over independent producers and exhibitors
  • Ben Sherwood is a Gibson Dunn associate attorney. His firm biography touts his past work defending pharmaceutical company Amgen and an unnamed medical device manufacturer against monopolization lawsuits filed by competitors. 

In addition to Gibson Dunn, RealPage has also retained the services of law firm Neal & Harwell:

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