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.
- 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.
- Dan Birk quoted in Chicago Tribune article, "McCormick Media May Look to Buy More Tronc Shares Beyond Ferro's 25% Stake"April 25, 2018
- Dan Birk quoted in The Recorder article, "Google's 'Art Selfie' Move Highlights Escalating Legal Battle Over Biometrics"January 24, 2018
- November 21, 2017
- Dan Birk quoted in Variety article, "AT&T-Time Warner Merger: Is the Battle With DOJ, or President Trump?"November 8, 2017
- Dan Birk quoted in Bloomberg Law: Privacy & Data Security article, "Biometric Workplace Privacy Suits Erupt in Illinois State Court"October 25, 2017
- Dan Birk quoted in The Cybersecurity Law Report article, "Focus on Children’s Privacy by FTC and Plaintiffs Calls for Prioritizing COPPA"September 13, 2017
- Dan Birk and Debbie Reynolds quoted in Legaltech News article, “Plantronics Case: Limited Options, High Liability When Deleting Discoverable Content”August 30, 2017
- Dan Birk quoted in Chicago Tribune article, “Under Sinclair, WGN Could Be 'Chicago's Very Own' No More”August 10, 2017
- July 26, 2017
- June 20, 2017
- U.S. Antitrust Merger Enforcement: Current Trends in Market DefinitionSeoul, South Korea, April 24, 2017
- Internal Investigations: Midwest Corporate Counsel & Compliance ForumChicago, IL, November 15, 2016
- Impacts on eDiscovery in US LitigationMcDonald's Corp. Headquarters, June 29, 2016
- Hugh and Hazel Darling Foundation Originalism Works-in-Progress ConferenceUniversity of San Diego Law School, February 20, 2015
- Predictive Coding for the Rest of UsJanuary 14, 2014
- The Legal Challenges Ahead and the Practical Steps Employers Might Consider in Light of the Federal Trade Commission’s Proposal to Ban Non-CompetesJanuary 2023
- February 15, 2022
- January 26, 2022
- EimerStahl Insights, February 2021
- Stanford Law Review, Volume 73, Issue 1, January 2021
- Voluntary (Non-Contentious) Jurisdiction Around the World, V.V. Argounov, Chapter IV of Section III—Non-Contentious Jurisdiction in the Courts of the United States, Daniel D. Birk (contributing co-author)2017
- How Privacy Protections and Data Are Changing Antitrust in Tech, Bloomberg BNA Antitrust & Trade Regulation Report, Dan Birk and Debbie Reynolds07.2017
- Article III Judicial Power, the Adverse Party Requirement, and Non-Contentious Jurisdiction, 124 Yale Law Journal 1346, Daniel D. Birk, James E. PfanderJanuary 2015
- Annual Review of Antitrust Law Developments, Chapter XIII—General Exemptions and Immunities, American Bar Association, Daniel D. Birk (contributing author)2012
- Article III and the Scottish Judiciary, 124 Harvard Law Review 1513, Daniel D. Birk, James E. Pfander(2011)
- Jones v. Harris Associates, L.P. and the Limits of Public Choice Textualism, 104 Northwestern University Law Review 1587, Daniel D. Birk2010
- Proof of Conspiracy Under Federal Antitrust Laws, Chapter VII—Summary Judgment in Conspiracy Cases, Chapter VIII—Economic Expert Testimony (2010 - 2015 editions), American Bar Association, Daniel D. Birk (contributing author)2010
J.D., Northwestern University Pritzker School of Law, 2010
- Magna cum laude
- Order of the Coif
- Awarded the Raoul Berger Prize for Outstanding Senior Research
- Managing Colloquy Editor of the Northwestern University Law Review
University of Notre Dame, 2003
- Summa cum laude
- Phi Beta Kappa
- Law Clerk to the Honorable Kenneth F. Ripple of the U.S. Court of Appeals for the Seventh Circuit
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the Southern District of Illinois
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eleventh Circuit