Boris Bershteyn

Practice Areas

Boris Bershteyn litigates complex antitrust and competition matters before trial and appellate courts and advises clients on regulatory and enforcement actions by government agencies and related internal investigations. He also represents businesses, sovereign entities, nonprofits and individuals in administrative, appellate and constitutional disputes. Mr. Bershteyn serves on Skadden's Diversity, Ethics, Hiring and Pro Bono committees.

Career

Skadden (2013-present; 2007-2009); Acting Administrator, Office of Information and Regulatory Affairs (OIRA) (2012-2013); General Counsel, White House Office of Management and Budget (OMB) (2011-2012); Special Assistant to the President and Associate White House Counsel (2010-2011); Deputy General Counsel, OMB (2009-2010); Law Clerk, Hon. David H. Souter, U.S. Supreme Court (2006-2007) and Hon. José A. Cabranes, U.S. Court of Appeals for the Second Circuit (2004-2005)

Professional Memberships

Senior Fellow, Administrative Conference of the United States (ACUS) (2019 to Present; Public Member, 2013-2019; Obama Appointee as Member of Governing Council, 2011-2013); Chair of the Advisory Board, Institute for Policy Integrity, New York University Law School; Member, The American Law Institute; Trustee, US Supreme Court Historical Society; Board Member, Volunteers of Legal Service; Board Member, PeerForward.

Publications

Mr. Bershteyn publishes extensively, with a select list including:

• DOJ and FTC Release Final 2023 Merger Guidelines Formalizing Aggressive Merger Enforcement Playbook (Skadden Publication, December 21, 2023)

• A Review of Recent Federal Antitrust Trials and Enforcement Efforts (Skadden Publication, December 13, 2023)

• Skadden Discusses Different Enforcement Approaches of EU, U.K., and U.S. on Antitrust and Sustainability (Skadden Publication and The CLS Blue Sky Blog, November 16, 2023)

• Recent Updates in Antitrust Regulation and Litigation Regarding Information Sharing (Skadden Publication, June 13, 2023)

Personal

In 2024, Mr. Bershteyn was recognized by The Am Law Litigation Daily as a Litigator of the Week in connection with his representation of Caesars Entertainment in antitrust class actions based on allegations of algorithmic pricing of hotel rooms. In recognition of his work, he has been named to Chambers USA and The Legal 500 U.S. and among Lawdragon’s 500 Leading Litigators in America, in addition to previously having been honored as a Rising Star by the New York Law Journal.

Work Highlights

Mr. 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:

o antitrust class actions and other litigation alleging that foreign currency dealers conspired to manipulate benchmark currency exchange rates

o antitrust class actions alleging a conspiracy in the trading of federal agency bonds

o 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

o an antitrust class action alleging a conspiracy concerning ATM access fees (lead counsel on successful certiorari petition to U.S. Supreme Court)

o an antitrust class action alleging a conspiracy to restrain competition in the credit default swaps market

• Barclays Bank in:

o an antitrust class action and enforcement litigation by the Federal Energy Regulatory Commission related to alleged manipulation of energy markets

o antitrust class actions and related state False Claims Act litigations alleging anticompetitive activity related to variable rate debt obligations

• Greystar in antitrust class actions and actions by state attorneys general alleging that multifamily property managers inflated rents through the use of revenue management software

• Caesars Entertainment in antitrust class actions based on allegations of algorithmic pricing of hotel rooms. In recognition of his work in securing a groundbreaking defense win for Caesars, Mr. Bershteyn was named an AmLaw Litigator of the Week in May 2024

• 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

• Peco Foods in antitrust class actions alleging a conspiracy among broiler chicken producers to reduce output and employee wages

• Citigroup in an antitrust class action alleging a conspiracy among dealers of U.K. government bonds

• UniCredit in an antitrust class action alleging a conspiracy among dealers of European government bonds

• multiple financial institutions in a range of antitrust investigations and enforcement actions

Education

Languages Spoken

Russian