• OVERVIEW
  • EXPERIENCE
  • INSIGHTS
  • RELATED PEOPLE

"The group's particular strengths include a detailed understanding of legal issues and ability to find and craft innovative theories to buttress the client's position."  

- CHAMBERS USA source

Actions involving unfair competition, price fixing, trade infractions or monopolization can implicate the full array of federal, state and international antitrust and competition laws. Oftentimes, class actions are an effective tool for companies seeking to recover for antitrust violations. However, there may be times when a company is better-served to exclude itself or “opt-out” of a class action case and bring its own case. 

The decision on whether to remain part of a class or launch a separate plaintiff action is a complex one. Potential advantages of opting out include the opportunity to exercise control over the litigation, avoiding the delays and costs of class certification, and obtaining a larger recovery, among others. 

Taking a proactive, holistic approach to high-stakes, challenging antitrust cases, Bilzin Sumberg’s Antitrust Group works closely with clients to determine if opt-out action is the most suitable path for addressing claims. When such litigation commences, the firm’s representation continues through trial and all levels of appeal. The Antitrust Group has an impressive track record in plaintiff opt-out cases and has been involved in most of the major opt-out antitrust litigation over the last decade. It consistently obtains extraordinary results for clients that are multiples of the recoveries realized by class and other opt-out plaintiffs, including the largest opt-out recovery settlement in history. 

In recognition of its accomplishments, Bilzin Sumberg’s Antitrust Group is ranked in Band 1 of the Chambers USA Antitrust-Florida category. In addition, the Group has been awarded a number of prestigious recognitions over the past decade, including by leading industry publications such as Daily Business Review, National Law Journal, and Benchmark Litigation. Bilzin Sumberg’s antitrust practitioners are recognized thought leaders publishing seminal industry guidance, including the Opt-Out Litigation Chapter of the American Bar Association's Class Action Handbook. 

In addition to plaintiff opt-out actions, the firm also represents clients who are the subjects of Department of Justice, Federal Trade Commission and state regulatory investigations involving antitrust and competition law.

EXPERIENCE
Experience
Secured a $267 million verdict after a two week jury trial in favor of one of the largest electronic components distributors in the United States. While the trial defendants only accounted for a small portion of the client’s capacitor purchases, the trial team successfully argued that trial defendan...
Experience
Representation of Tech Data Corporation, one of the world's largest distributors of technology products, services, and solutions, in the prosecution of claims against the major worldwide manufacturers of cathode-ray tubes (CRTs), the predecessor technology to LCD displays. The Bilzin Sumberg Antitru...
Experience
Defense of well-known basketball player and joint venture partners against allegations that the marketing of sports memorabilia bearing his name and/or likeness violated the Sherman Act. Our team argued that the client alone controlled his Right of Publicity. The issues in the case raised profound r...
Experience
Representation of manufacturer and distributor of volatile chemicals in connection with a Federal Trade Commission investigation of its client's sale of its regional business to a competitor. The FTC's investigation was predicated on its contention that the sale and non-competition agreement, was ta...
Experience
Prosecuted the claims of an electronic distributor against the major world-wide manufacturers of dynamic random access memory ("DRAM") computer chips for violation of the federal antitrust laws. Bilzin Sumberg brought suit to recover damages the client incurred as a result of the DRAM manufacturers'...
Experience
Representation of large national bank in federal court action brought by competing national bank seeking $23 million in damages and alleging theft of trade secrets and corporate raiding and seeking. After extensive fact and expert depositions and significant pretrial motions, the case was settled s...
INSIGHTS
Press Release June 05, 2017
In a precedent-setting result, Bilzin Sumberg antitrust and commercial litigation attorneys recovered over $300 million for two opt-out plaintiffs in a nationwide multidistrict litigation (MDL). Tech Data Corporation and the bankruptcy estate of All American Semiconductor alleged LCD manufacturers c...
News February 19, 2025
Bilzin Sumberg is pleased to announce that Antitrust Practice Founding Partner Robert Turken, and Co-Heads of the Antitrust Practice, Scott Wagner and Lori Lustrin, have been named to Lawdragon’s inaugural 500 Leading Global Antitrust & Competition Lawyers for 2025 in recognition of their ...
Press Release January 22, 2025
Bilzin Sumberg is pleased to announce that the firm has been selected as a finalist forBenchmark Litigation's Firm of the Year for the state of Florida for the 12th consecutive year. Bilzin Sumberg was nominated along with four other leading firms in the state, with the winner to be announced at the...
Speaking Engagement January 9, 2025
Scott N. Wagner serves as a panelist for Strafford's webinar titled Opting Out of Class Actions: Key Considerations for Plaintiffs; How Defendants Can Keep the Class Together. The panel guides counsel for putative class members on what factors to consider when advising clients on whether to opt out ...
Press Release October 3, 2024
Benchmark Litigation announced their 2025 edition, naming Trial & Litigation Partners as well as ranking the firm as “Highly Recommended.”
Press Release September 27, 2024
Antitrust Group Practice Leader Robert Turken and Antitrust and Complex Litigation Partner Scott Wagner have been named to Lawdragon’s prestigious 500 Leading Litigators in America for 2025 in recognition of their expertise and success in the fields of complex litigation and antitrust litigati...
RELATED PEOPLE
Scott N. Wagner
Practice Group Leader, Trial & Litigation, Co-Head of Antitrust Practice
Lori Lustrin
Co-Head of Antitrust Practice
Kayla M. Hernandez
Associate
Michael S. Morgan
Associate