Daniel D. Birk is a Partner at Eimer Stahl LLP. Dan defends companies accused of violating the antitrust laws and in other complex civil and criminal litigation and serves as a thought partner to in-house counsel in their most complex and sensitive matters. He excels in crafting innovative theories that reframe the legal and factual questions driving large class actions and that help steer the cases towards early dismissal or an efficient resolution, and he also writes and speaks regularly on antitrust, data privacy, and Foreign Corrupt Practices Act issues. In addition to practicing law, Dan recently spent two years as a visiting assistant professor at Chicago-Kent College of Law, where he taught Administrative Law, Federal Courts, and Legal Writing. Dan has published articles in the Harvard Law Review, the Yale Law Journal, and the Stanford Law Review, among other places, and he is a contributor to the American Bar Association’s Antitrust Section. Before attending law school, Dan taught English at high schools in Brooklyn, New York and Vienna, Austria.
Experience
Case Experience
- In re Auto Body Shop Antitrust Litigation (M.D. Fla. MDL No. 2557): representation of an insurance company in multidistrict antitrust litigation; Obtained dismissal of Sherman Act allegations for failure to state a claim.
- In re Dairy Farmers of America, Inc. Cheese Antitrust Litigation (N.D. Ill. MDL No. 2031): representation of a multinational dairy company in a multidistrict class action alleging an antitrust and commodity manipulation conspiracy; the district court granted summary judgment on the merits of all claims. The court of appeals affirmed.
- United States v. CITGO Petroleum Corporation (5th Cir. No. 14-40128): representation of CITGO Petroleum Corporation in its appeal of a Clean Air Act prosecution; court of appeals reversed and directed the district court to enter a judgment of acquittal.
- Edwards v. National Milk Producers Federation (N.D. Cal. No. 11-cv-04766); First Impressions v. National Milk Producers Federation (S.D. Ill. No. 13-cv-00454): representation of Land O’Lakes, Inc. in federal and state law antitrust class actions alleging that dairy farmers and cooperatives engaged in a conspiracy to limit the supply of milk.
- In re Steel Antitrust Litigation (N.D. Ill. No. 08-cv-05214): representation of a multinational steel company in federal and state law antitrust class actions alleging that steel manufacturers engaged in a conspiracy to reduce steel production. Obtained dismissal of indirect purchaser claims for lack of antitrust standing.
Recognitions
Honors & Recognitions
Illinois Super Lawyer in Antitrust Litigation - 2024
Lawdragon 500 Leading Litigators in America - 2025