Boris Bershteyn litigates complex matters before appellate courts (including the U.S. Supreme Court) and trial courts. He also advises clients on regulatory and enforcement actions by government agencies and related internal investigations. Mr. Bershteyn’s recent litigation representations include:
- federal antitrust class actions alleging that foreign currency dealers conspired to manipulate benchmark currency exchange rates;
- a nationwide antitrust class action alleging a conspiracy among Visa, MasterCard and certain banks to fix credit and debit card interchange fees;
- a federal class action alleging a conspiracy among Visa, MasterCard and certain banks to fix ATM access fees (lead counsel on successful certioraripetition to U.S. Supreme Court);
- federal antitrust class actions alleging that several banks and other entities conspired to restrain competition in the credit default swaps market;
- Barclays Bank in a federal antitrust class action and enforcement litigation by the Federal Energy Regulatory Commission related to alleged manipulation of energy markets;
- Bank of America in actions by the Department of Justice and the Securities and Exchange Commission related to the issuance of mortgage-backed securities;
- Estée Lauder in proceedings before the U.S. Court of Appeals for the Second Circuit involving putative consumer fraud class actions.
In addition to having argued multiple appeals, Mr. Bershteyn maintains an active appellate amicus practice, including:
- on behalf of a coalition of businesses in Texas v. United States (U.S. Supreme Court 2016 and U.S. Court of Appeals for the Fifth Circuit 2015) (executive action on undocumented immigrants);
- on behalf of organizations of physicians and nurses in Whole Women’s Health v. Cole (U.S. Supreme Court 2016) (reproductive rights);
- on behalf of the American Public Health Association and Whitman-Walker Health in Obergefell v. Hodges (U.S. Supreme Court 2015) (same-sex marriage equality);
- on behalf of the Domestic Violence Empowerment and Legal Appeals Project in Ohio v. Clark (U.S. Supreme Court 2014) (Confrontation Clause of the Sixth Amendment);
From 2009 to 2013, Mr. Bershteyn held a number of senior legal and regulatory positions at the White House and its Office of Management and Budget (OMB). As acting administrator of the Office of Information and Regulatory Affairs (OIRA), Mr. Bershteyn headed the federal agency charged with reviewing significant regulations promulgated by other executive branch agencies. His tenure included significant rulemakings in such areas as health care, energy and the environment, transportation and financial services. Mr. Bershteyn also oversaw federal policy on information, including privacy, and led the Obama administration’s initiative to promote international regulatory cooperation.
From 2010 to 2011, Mr. Bershteyn was a special assistant to the president and associate White House counsel, advising senior administration officials on legal aspects of regulatory, economic, health and environmental policy.
Earlier in his career, Mr. Bershteyn served as a law clerk to Justice David H. Souter on the U.S. Supreme Court and Judge José A. Cabranes on the U.S. Court of Appeals for the Second Circuit. He also is a recipient of the Paul and Daisy Soros Fellowship for New Americans.
Mr. Bershteyn also serves on the board of College Summit, the advisory board of the Institute for Policy Integrity at New York University Law School and is a member of The American Law Institute.
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