Partner

Daniel T. Fenske

Litigation & Dispute Resolution, Antitrust & Competition, Class Actions & Aggregate Litigation

Chicago +1 312 701 8926

dfenske@mayerbrown.com

Overview

Dan Fenske has been involved in some of the country’s most important antitrust matters. He regularly represents clients facing claims alleging anticompetitive collusion or monopolization, including class actions. He also helps clients fight back against government antitrust investigations. And he works across a diverse array of industries, including higher education, multifamily housing, enterprise software, chemicals, automotives, consumer food products, and collegiate athletics. He is the past chair of the Antitrust Law Committee of the Chicago Bar Association.

Dan also has substantial experience with class action and regulatory issues outside the antitrust context, and with general complex commercial litigation. And he believes deeply in pro bono service, having represented indigent or public-interest clients in criminal, civil rights, and voting rights cases at both the trial and appellate levels. He is a former Emerging Leader of the Chicago Council on Global Affairs.

Experience

Antitrust & Competition Law experience includes:

Represent large public company in pending class action alleging algorithmic price fixing.
Represent a multinational chemical company alleging conspiracy to increase price through pretextual supply reductions.
Represent college athletic conference in ongoing antitrust litigation as to student-athlete name, image, and likeness rights.
Represent prominent private university in multiple lawsuits alleging conspiracies to reduce financial aid, successfully obtaining dismissal of one such case at the pleading stage.

Represented multinational automotive parts supply company in case alleging a conspiracy to boycott supplier, successfully obtaining dismissal at the pleadings stage.
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.
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 before the US Supreme Court.
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.

Related Services & Industries

Services

Industries

Higher Education

Publications & Presentations

Education

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

Admissions

Illinois
Colorado

Courts

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
US Court of Appeals for the Ninth Circuit

Professional & Community Involvement

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