Emily Marcus is an associate in Cohen Milstein’s Antitrust practice, where she represents a broad range of individuals and businesses in civil litigation, with a focus on multi-district class actions and antitrust litigation.
Prior to joining Cohen Milstein, Emily was a law clerk to the Honorable Louis L. Stanton of the United States District Court for the Southern District of New York.
While attending Harvard Law School, Emily was an article editor of the Harvard Journal of Law and Gender. She was also the president of the Alliance for Reproductive Justice.
Before law school, Emily was a consultant at a global management consulting firm.
- New York
- Harvard Law School, J.D., 2023
- University of Pennsylvania, B.A., summa cum laude, Phi Beta Kappa, 2016
Law Clerk, the Hon. Louis L. Stanton, U.S. District Court, Southern District of New York (2023 – 2025)
Current Cases
UFC MMA Fighters Antitrust Litigation
Cung Le, et al. v. Zuffa, LLC, d/b/a Ultimate Fighting Championship (D. Nev.): Cohen Milstein is co-lead counsel in this certified wage suppression class action, representing mixed martial arts (MMA) fighters who allege that UFC unlawfully monopolized the MMA market by, among other things, locking up fighters in exclusive contracts and acquiring MMA rivals. On February 6, 2025, the court granted final approval of a historic $375 million settlement against UFC - exclusively for the MMA fighters in the Le class action. Two class actions on behalf of, among others, current fighters for the UFC continue.
Apple Inc. iOS App Antitrust Litigation
Proton AG v. Apple, Inc. (N.D. Cal.): Cohen Milstein is representing Proton AG, a global leader in privacy focused software, in a putative antitrust class action against Apple Inc. for allegedly monopolizing the iOS app distribution and iOS app payment processing markets. Proton claims that Apple, one of the world’s most valuable companies, has eliminated competition and extracted supracompetitive profits from app developers through a web of exclusionary conduct.
Early Decision Antitrust Litigation
D’Amico, et al. v. Consortium on Financing Higher Education, et al. (D. Mass.): Cohen Milstein represents college students and recent college graduates in a landmark antitrust class action against 32 of the country’s most prestigious colleges and universities for allegedly conspiring to use “early decision” to reduce or eliminate competition for top students. Plaintiffs argue that the colleges colluded to increase tuition rates and to decrease financial aid, thereby increasing the net price of attending these institutions and entrenching patterns of inequitable access to these elite schools.