Overview

Daniel T. Fenske is a partner in Mayer Brown's Chicago office and a member of the Antitrust & Competition practice.

Dan has been involved in some of the country’s most important antitrust matters. In recent years, he represented a major multinational company in an investigation by the United States Department of Justice Antitrust Division and in follow-on civil litigation. In addition, he advised a major telecommunications company in a significant monopolization suit, helping successfully obtain summary judgment for his client. Most recently, he represented a health care company in successfully obtaining dismissal of a suit alleging a conspiracy to monopolize.

Dan also has substantial experience with class action and regulatory issues outside the antitrust context, and with general complex commercial litigation. For example, he recently represented a multinational consumer food products company in defending against claims by the CFTC and civil class plaintiffs alleging manipulation of certain CBOT derivative contracts. He also maintains a diverse appellate practice. He has served as lead counsel and argued appeals in both state and federal courts and has served as the primary drafter of briefs at all levels of the federal judiciary. He is the past chair of the Antitrust Law Committee of the Chicago Bar Association.

Experience

Antitrust & Competition Law experience includes:

  • Represented multinational company in criminal antitrust investigation and follow-on antitrust litigation in one of the largest global antitrust matters in US history.
  • Represented large telecommunications company in monopolization suit, successfully obtaining summary judgment and defeating all claims.
  • Represented large medical device supplier in conspiracy to monopolize suit, successfully obtaining dismissal of all claims at the pleading stage.
  • Represented individual in criminal investigation by U.S. DOJ’s Antitrust Division, successfully convincing DOJ not to prosecute client.
  • Represented hospital system in successfully obtaining dismissal of monopolization claims in state antitrust suit.

Other litigation experience includes:

  • Represented consumer lender in nationwide investigations and litigation by the Consumer Financial Protection Bureau and multiple state attorneys general (and related private class actions) relating to client’s lending practices.
  • Represented large consumer food products manufacturer in defending against regulatory enforcement action by the CFTC alleging deceptive and manipulative practices relating to the trading of CBOT wheat futures contracts, and related private class action alleging monopolization.
  • Represented large grain merchandizer in defending class action suit alleging deceptive and manipulative practices relating to the trading of CBOT wheat futures contracts, and related private class action alleging monopolization.
  • Member of trial team in successful defense of pro bono murder case, obtaining a not guilty verdict after only two hours of jury deliberations.
  • Member of trial team in another pro bono murder case, successfully obtaining client’s release on appeal.

Appellate litigation experience includes:

  • Represented lender in appeals relating to consumer loans: primary drafter of appellate briefs relating to arbitration, Indian law, and forum selection clause issues.
  • Served as primary drafter of multiple amicus briefs at the cert and merits stages of US Supreme Court cases.
  • Obtained reversal on appeal of sanctions against client in appeal to the Seventh Circuit.
  • Represented three detained individuals in case challenging conditions of confinement at trial court and on appeal before the Seventh Circuit.
  • Successfully represented mother in appeal of administrative finding of child neglect due to child’s umbilical cord testing positive for prescription drug.

Education

Northwestern University School of Law, JD, cum laude, Executive Articles Editor, Northwestern University Law Review

Marquette University, BA, cum laude

Admissions

  • Illinois

Court

  • Illinois Supreme Court
  • US Supreme Court
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court for the Northern District of Illinois
  • US District Court for the Central District of Illinois
  • US District Court for the Eastern District of Michigan
  • US District Court for the Eastern District of Wisconsin
  • US District Court for the Southern District of Illinois

Memberships

  • Member, Antitrust Section, ABA
  • Past Chair, Antitrust Law Committee, Chicago Bar Association
  • Member, Board of Directors, First Defense Legal Aid (2014-2018)