David Reichenberg

As a leading antitrust litigator, David Reichenberg has become the cornerman top companies turn to when they need a skilled and passionate lawyer to champion their cause. This passion and skill has taken him to the highest levels of the field, successfully representing companies like Google, Netflix, Arista Networks, YouTube, and Twitter.

David’s defense of Netflix in a class action and his prosecution of a monopolization claim on behalf of Arista against Cisco Systems were both awarded the antitrust matters of the year by the Global Competition Review.

As a fierce advocate for his clients, he regularly advises Fortune 500 and other companies on the antitrust implications of potential business initiatives and has counseled and litigated on behalf of clients regarding all forms of unfair competition law, including intellectual property and trade secrets.

David has coordinated responses to investigations by the U.S. Department of Justice and Federal Trade Commission (on both the offensive and defensive sides), and he is active in the ABA Antitrust Section, currently serving as a vice chair on the Trial Practice Committee. David started his career at a leading antitrust boutique, focusing on merger clearance and litigation, which included the successful resolution of a CID in federal court.

David’s pro bono work is also a source of great pride, including representing individual litigants prosecuting civil rights claims in Federal Court.  Most recently, Dave was the first-chair on a trial team that secured a favorable jury verdict in the Eastern District of New York on a 1983 claim under the Fourth Amendment.

David has been recognized as a rising star by Super Lawyers, and he earned his undergraduate degree, with honors and distinction, from Cornell University. David earned his law degree from Fordham University School of Law, where he was the ADR editor of the Urban Law Journal, member of the Moot Court Board and received the top grade in EU Competition Law.

EXPERIENCE :

• Representing Caesars Entertainment Corporation in a case alleging a conspiracy claim under Section 1 of the Sherman Act, pending in the Eastern District of Texas.
• Successfully represented Arista Networks, Inc. in a high profile antitrust action in which it brought claims against Cisco Systems, Inc. for monopolization of Ethernet switch markets. The claims survived several motions to dismiss, as well as a motion for summary judgment. After these rulings, the case settled on the eve of trial.
• Represented a hospital system in connection with an investigation by the U.S. Department of Justice, Antitrust Division. The investigation was closed without a consent decree.
• Settled claims of misappropriation of trademark and trade dress on terms favorable to our healthcare industry client after successfully arguing a Daubert motion excluding the plaintiff’s expert.
• Won summary judgment, including an award of costs, on behalf of a security industry client which was the defendant in a lawsuit raising antitrust claims stemming from the termination of a distributor.
• Won summary judgment on behalf of Netflix, defeating claims by a class that the company allegedly conspired with Wal-Mart in violation of the Sherman Act. The result was affirmed by the U.S. Court of Appeals for the Ninth Circuit, and costs were awarded by the U.S. District Court for Northern District of California.

EDUCATION :

• Fordham University School of Law, J.D., 2006
• Cornell University, B.S., with honors, 2003

BAR ADMISSIONS : New York

COURT ADMISSIONS :

• U.S. District Court — Eastern District of New York
• U.S. District Court — Southern District of New York
• U.S. District Court — Western District of New York
• U.S. Court of Appeals for the Second Circuit
• U.S. Court of Appeals for the Ninth Circuit