Benjamin E. Waldin is a Partner at Eimer Stahl, where his practice focuses on complex litigation and high‑stakes disputes involving antitrust, healthcare, and privacy matters. Ben regularly represents clients in cases alleging price‑fixing, monopolization, fraud, and other anti-competitive conduct, including healthcare cost‑recovery actions brought by insurers. He also has substantial experience advising and defending clients in class actions and mass arbitration proceedings, particularly matters involving consumer and biometric data privacy statutes and the enforcement of arbitration agreements.
Ben represents both plaintiffs and defendants in large‑scale, long‑running litigation, often managing critical elements of case strategy and economic analysis. A significant part of his practice involves working on the legal and strategic issues surrounding the development, admissibility, and presentation of expert testimony.
Prior to attending law school, Ben was a Senior Consultant at the economic consulting firm Bates White in Washington, D.C., where he supported expert witnesses in matters involving monopolization, cartel investigations, merger review, and class action litigation.
Experience
Case Experience
- American Osteopathic Association et al v. American Board of Internal Medicine – Representing national physician organizations and individual physicians in a class action alleging monopolization of board certification for internal medicine physicians.
- Confidential Mass Arbitration – Defending client in a mass arbitration alleging violations of the Illinois Biometric Information Privacy Act (BIPA).
- Brown v. Walmart – Representing Walmart in a putative class action alleging violations of the Video Privacy Protection Act (VPPA) related to sales of digital media products, successfully compelling individual arbitration of the claims.
- Humana v. Lundbeck, Inc. – Representing Humana in an action to recover pharmaceutical overpayments, alleging fraud and anti-competitive conduct related to an alleged kickback scheme.
- In re Granulated Sugar Antitrust Litigation – Representing Michigan Sugar in multidistrict litigation brought by purchasers of sugar alleging agreement to exchange competitively sensitive information through a market analyst.
- In re Zelis Repricing Antitrust Litigation – Representing Humana in multiple class action lawsuits brought by healthcare providers alleging algorithm‑driven collusion to suppress out‑of‑network reimbursement rates.
- In re Rail Freight Fuel Surcharge Antitrust Litigation – Representing major purchasers of rail freight shipping services in antitrust litigation against railroads to recover overpayments due to price-fixing conspiracy.
- In re Crop Inputs Antitrust Litigation – Defending Federated Co-operatives Limited in a federal antitrust class action brought against various manufacturers, distributors, and retailers alleging a boycott conspiracy to block electronic platforms from entering and competing in a purported marketplace for crop inputs.
- In re Mallinckrodt PLC., et al. – Represented multiple large healthcare payers with claims against bankruptcy estate at trial seeking recovery of overcharges in case alleging scheme to inflate price of pharmaceutical through anti-competitive conduct and fraud.
- In re Interior Molded Doors Antitrust Litigation – Defended Masonite Corp. in actions alleging price-fixing in the market for interior molded doors.
- Federal Trade Commission v. Qualcomm Inc. – Represented and counseling LG Electronics regarding its role as a central third party to claims that Qualcomm monopolized certain mobile chipset markets.
- First Impressions v. National Milk Producers Federation – Defended Land O’Lakes in federal antitrust class actions alleging that dairy farmers and cooperatives engaged in a conspiracy to limit the supply of milk.
- Smith v. Continental Casualty Corp. – Defended CNA against a putative consumer class action alleging breach of long-term care insurance contracts.
- Healthcare Insurance Cost-Recovery – Counseling and representing major providers of health insurance on potential actions to recover unnecessary or excessive expenditures on drugs and medical devices.
- Criminal Antitrust Investigation – Resolved without charges a criminal antitrust investigation by Department of Justice into former auto industry sales executive.
- Merger review – Assisted industrial goods company in responding to a second request for information from the Federal Trade Commission concerning its potential acquisition of a competitor.
- Knighten v. Albany Bank, et al. – Representing plaintiff, pro bono, in conjunction with Chicago Lawyers’ Committee for Civil Rights in first of its kind action to enforce law barring housing discrimination against Section 8 voucher holders.
- Sansone v. Donahoe – Tried employment discrimination case to a jury verdict for maximum damages allowed under statute as pro-bono counsel for plaintiff in conjunction with Chicago Lawyers’ Committee for Civil Rights.
Recognitions
Honors & Recognitions
Best Lawyers: Ones to Watch in America, 2021-2025
Lawdragon 500 Leading Litigators in America, 2025
American Bar Foundation Fellows, Elected 2026