Boris Bershteyn

Bershteyn’s antitrust work has earned him a place on Lex Machina’s list of the top 10 most active antitrust attorneys in the country over the course of 2021-23. His antitrust litigation representations include:

• JPMorgan Chase in:
  • antitrust class actions and other litigation alleging that foreign currency dealers conspired to manipulate benchmark currency exchange rates
  • antitrust class actions alleging a conspiracy in the trading of federal agency bonds
  • antitrust class actions and other litigation alleging a conspiracy among Visa, MasterCard and certain banks to set credit and debit card interchange fees and network rules
  • an antitrust class action alleging a conspiracy concerning ATM access fees (lead counsel on successful certiorari petition to U.S. Supreme Court)
  • an antitrust class action alleging a conspiracy to restrain competition in the credit default swaps market
• Barclays Bank in:
  • an antitrust class action and enforcement litigation by the Federal Energy Regulatory Commission related to alleged manipulation of energy markets
  • antitrust class actions and related state False Claims Act litigations alleging anticompetitive activity related to variable rate debt obligations
• Pioneer Natural Resources in antitrust class actions alleging a conspiracy among shale oil producers to reduce output
• International Flavors & Fragrances in antitrust class actions alleging a conspiracy to restrain competition in the fragrance industry
• HSBC in an antitrust class action alleging a conspiracy among dealers of Mexican government bonds
• subsidiaries of Glencore in antitrust class actions concerning warehousing and trading of aluminum and zinc
• Citigroup in an antitrust class action alleging a conspiracy among dealers of U.K. government bonds

Bershteyn’s recent administrative, appellate and constitutional representations include:

• New York and Presbyterian Hospital in litigation against the federal government
• the Republic of Argentina in proceedings before the U.S. Supreme Court concerning the scope of its foreign sovereign immunity
• underwriters of Petrobras' bonds in an appeal of class certification in a securities action (class certification vacated by the Second Circuit)
• California Association of Postsecondary Schools in litigation challenging a regulation by the Department of Education
• Estée Lauder in appellate litigation involving putative consumer fraud class actions

In addition to having argued multiple appeals, Mr. Bershteyn maintains an active appellate amicus practice and has represented:

• over 250 members of Congress in FDA v. Alliance for Hippocratic Medicine (U.S. Supreme Court 2023) (administrative law)
• scholars of habeas corpus in Shinn v. Ramirez (U.S. Supreme Court 2021)
• criminal law scholars in New York Rifle & Pistol Assn. v. Corlett (U.S. Supreme Court 2021)
• 25 U.S. senators in Planned Parenthood v. Smith (Fifth Circuit 2019) (reproductive rights)
• Intel Corporation in Helsinn Healthcare v. Teva Pharmaceuticals (U.S. Supreme Court 2018) (patent)
• a coalition of businesses in Texas v. United States (U.S. Supreme Court 2016 and U.S. Court of Appeals for the Fifth Circuit 2015) (executive action on undocumented immigrants)
• organizations of physicians and nurses in Whole Women’s Health v. Cole (U.S. Supreme Court 2016) (reproductive rights)
• the American Public Health Association and Whitman-Walker Health in Obergefell v. Hodges (U.S. Supreme Court 2015) (same-sex marriage equality)