Jennifer Smulin Diver is a Partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's Chicago office. She focuses her practice on antitrust litigation. Jennifer represents clients in a broad range of antitrust and class action lawsuits. She recently defended a hospital system in an antitrust class action alleging that several Chicago area hospitals engaged in wage-fixing conspiracies. As part of McDermott’s strategy to defeat class certification, Jennifer drafted the Daubert motion to exclude the testimony of plaintiffs’ expert witness and was instrumental in the preparation for a four-day class certification hearing. The resulting decision, which was the first in the Seventh Circuit to apply the principles of the landmark In re Hydrogen Peroxide Antitrust Litigation decision, denied class certification outright on the ground that the expert’s opinions were so unreliable that they were “essentially inadmissible.”
Jennifer is currently defending putative, nationwide class actions by direct and indirect purchasers alleging monopolization and participation in an antitrust conspiracy by the largest dairy cooperative in the United States. In addition to her litigation practice, Jennifer also advises clients on antitrust-related issues and conducts pre-acquisition antitrust analysis.
Jennifer has represented clients in a variety of industries, including aerospace, dairy, artificial sweeteners, and health care.
While in law school, Jennifer was an extern for the Office of the United States Attorney in Chicago, Illinois and served on the Executive Board of the DePaul Law Review. She is a member of the state bar of Illinois and is admitted to practice in the Northern District of Illinois, in the District of Colorado and before the United States Court of Appeals for the Third Circuit. Jennifer is a member of the American Bar Association and the Chicago Bar Association.
Education
- DePaul University College of Law, J.D. (summa cum laude), 2003
- University of Illinois at Urbana-Champaign, B.S., 2000
