Bernard Persky is an accomplished litigator with more than 40 years of experience. He has played a key role in numerous high profile class actions, securing major monetary recoveries that serve to protect businesses, consumers, and the public at large.
Throughout his career, Mr. Persky has litigated numerous significant antitrust class actions that have collectively resulted in recoveries well in excess of $1 billion and received high praise from the bench and the bar.
Notably, in County of Suffolk v. Long Island Lighting Company, in which he served as co-lead trial counsel, the Second Circuit upheld a $400 million class settlement and quoted the sentiment of the trial judge, Honorable Jack B. Weinstein, that “counsel [has] done a superb job [and] tried this case as well as I have ever seen any case tried.” 907 F.2d 1295, 1327 (2d Cir. 1990).
Earlier in his career, Mr. Persky successfully defended a major department store chain in a complex antitrust class action involving price fixing in the retail apparel industry, a case that was heard by the U.S. Supreme Court. Moitie v. Federated Department Stores, Inc., 452 U.S. 394 (1981).
Among his other matters, Mr. Persky currently serves as co-lead class counsel in In re Disposable Contact Lens Antitrust Litigation, In re Keurig Green Mountain Single Serve Coffee Antitrust Litigation, Anastasio, et al v. Total Gas & Power North America, Inc., and In re Optiver Commodities Manipulation Litigation.
He also presently represents a generic drug manufacturer in a Federal Trade Commission antitrust investigation of an alleged unlawful reverse payment settlement of Hatch-Waxman litigation as well as several health insurance company plaintiffs in their post-appellate remand motions to enter judgment against defendant Mylan Laboratories Inc., among others, for violating various state antitrust statutes by suppressing generic competition.
In addition to his active caseload, Mr. Persky plays a leading role in the bar through his membership on the Advisory Board of the American Antitrust Institute and the Executive Committee of the Antitrust Section of the New York State Bar Association. He also is a regular contributor to legal and business publications and a frequent speaker on antitrust and class action issues.
- Harvard Law School, J.D., (1968)
- City College of the City University of New York, B.A., (1965)
- New York
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- American Antitrust Institute, Advisory Board
- New York State Bar Association, Executive Committee of the Antitrust Section
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