Daniel D. Birk is of counsel 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. In addition to practicing law, Dan has spent the past two years as a visiting professor at Chicago-Kent College of Law, where he teaches Administrative Law, Federal Courts, and Legal Writing. Dan has published articles in the Harvard Law Review, the Yale Law Journal and the Northwestern University 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.

News

News

  • Dan Birk quoted in Chicago Tribune article, "McCormick Media May Look to Buy More Tronc Shares Beyond Ferro's 25% Stake"
    04.2018
  • Dan Birk quoted in The Recorder article, "Google's 'Art Selfie' Move Highlights Escalating Legal Battle Over Biometrics"
    01.24.2018
  • Dan Birk quoted in Wired article, "Government Move to Bock AT&T Merger Bodes Ill for Tech"
    11.21.2017
  • Dan Birk quoted in Variety article, "AT&T-Time Warner Merger: Is the Battle With DOJ, or President Trump?"
    11.08.2017
  • Dan Birk quoted in Bloomberg Law: Privacy & Data Security article, "Biometric Workplace Privacy Suits Erupt in Illinois State Court"
    10.25.2017
  • Dan Birk quoted in The Cybersecurity Law Report article, "Focus on Children’s Privacy by FTC and Plaintiffs Calls for Prioritizing COPPA"
    09.13.2017
  • Dan Birk and Debbie Reynolds quoted in Legaltech News article, “Plantronics Case: Limited Options, High Liability When Deleting Discoverable Content”
    08.30.2017
  • Dan Birk quoted in Chicago Tribune article, “Under Sinclair, WGN Could Be 'Chicago's Very Own' No More”
    08.10.2017
  • Dan Birk quoted in Law360 article, “NJ Justices Underscore Limits To Blocking Discovery Bids”
    07.26.2017
  • Dan Birk quoted in The Recorder article, “3 Ways Antitrust Law Could Collide With Big Data”
    06.20.2017

Speaking Engagements

  • U.S. Antitrust Merger Enforcement: Current Trends in Market Definition
    Seoul, South Korea, 04.24.2017
  • Internal Investigations: Midwest Corporate Counsel & Compliance Forum
    Chicago, IL, 11.2016
  • Impacts on eDiscovery in US Litigation
    McDonald's Corp. Headquarters, 06.2016
  • Hugh and Hazel Darling Foundation Originalism Works-in-Progress Conference
    University of San Diego Law School, 02.20.2015
  • Predictive Coding for the Rest of Us
    01.14.2014

Publications

  • 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
  • 07.2017
  • Article III Judicial Power, the Adverse Party Requirement, and Non-Contentious Jurisdiction, 124 Yale Law Journal 1346, Daniel D. Birk, James E. Pfander
    January 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. Birk
    2010
  • Proof of Conspiracy Under Federal Antitrust Laws, Chapter VII—Summary Judgment in Conspiracy Cases, Chapter VIII—Economic Expert Testimony (2010 - 2015 editions), American Bar AssociationDaniel D. Birk (contributing author)
    2010

J.D., Northwestern University 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

  • Illinois
  • 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
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