Boris Bershteyn

Practice Areas

Boris Bershteyn handles a range of antitrust litigation and investigations, including recent defenses of Barclays, Caesars Entertainment, Glencore, Fidelity, HSBC, JPMorgan Chase, Peco Foods, Sabre and UniCredit in high-profile antitrust disputes. In addition to antitrust/competition matters, he represents a range of clients in commercial, shareholder derivative, and False Claims Act litigation. Mr. Bershteyn has extensive experience with cross-border matters. He also advises companies, non-profits, and sovereigns in appellate, administrative, and constitutional litigation, as well as various government-facing disputes. Mr. Bershteyn serves on Skadden's Policy, 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:

SCOTUS Unanimously Endorses Early Challenge to Agency Proceedings, Limiting Enforcement Agency Power (Skadden publication and Columbia Law School Blue Sky blog, April 2023);

Claiming Environmental Damages? (Skadden Insights, December 2022);

Fifth Circuit Holds SEC Proceeding Brought in Agency’s In-House Court Unconstitutional (Wall Street Lawyer and Skadden publication);

The Pandemic Brought Some Healthy Innovations to the Justice Process, but also Many Headaches (Skadden Insights January 2022);

It Takes a Team to Raise an Executive Order (Yale Journal on Regulation, November 2, 2021); and

Financial Services & the Biden Antitrust Enforcement Agenda (Bloomberg Law, October 8, 2021).

Education