David L. Hanselman, Jr. represents clients in a broad range of antitrust and class action lawsuits. He is a member of the firm’s antitrust and competition practice, which has been named to Global Competition Review’s “Global Elite” list of the top 25 competition practices in the world for five years running.
David defends businesses in large, complex antitrust litigations and specializes in antitrust class actions. Since 2010, David has defended clients accused of price fixing in five multidistrict antitrust litigations: In re Generic Digoxin and Doxycycline Antitrust Litigation, In re Domestic Drywall Antitrust Litigation, In re Dairy Farmers of America, Inc. Cheese Antitrust Litigation, In re Steel Antitrust Litigation, and In re Sulfuric Acid Antitrust Litigation.
In other significant antitrust matters, David helped Amgen Inc. defeat a motion filed by a subsidiary of Johnson & Johnson to enjoin its bundled contract for oncology drugs following a week-long bench trial. He then led a team of lawyers from several McDermott offices in four antitrust class actions pending in federal courts across the United States alleging that hospitals engaged in wage-fixing conspiracies. In one of these cases, David devised and implemented a strategy to exclude the testimony of the plaintiffs’ expert witness at the class certification stage. The resulting decision, 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.” In the second, David twice defeated class certification on the issues of antitrust injury-in-fact and damages. And in a third, David argued and won summary judgment on the plaintiffs’ per se antitrust claim.
Helping clients avoid charges in government antitrust investigations has yielded some of David’s biggest victories. David has successfully closed four investigations by the Antitrust Division of the US Department of Justice and currently is guiding a client through a fifth.
David is also a frequent writer and speaker in the areas of antitrust law and class action procedure.
Beyond his antitrust work, David has defended clients in class actions and multidistrict proceedings involving industries including pharmaceuticals, consumer products, insurance, managed care and telecommunications. He has obtained dismissals of class actions and defeated motions for class certification. David helped defeat certification of a putative class of insureds in a federal multidistrict class action in Miami that asserted RICO, ERISA, and state law claims against six of the nation’s largest managed-care organizations. David also represented a leading cellular telephone service provider in a series of class actions consolidated in federal court in Baltimore alleging that cellular telephones emit unsafe levels of radio frequency radiation. He also achieved the outright dismissal of two automobile insurance class action lawsuits, which the South Carolina Supreme Court affirmed.
David has tried cases in both Illinois and Indiana courts. Also experienced in alternative dispute resolution, he has tried two commercial contract disputes before panels of the American Arbitration Association.