Steven F. Cherry is a partner in the firm's Litigation/Controversy and Regulatory/Government Affairs Departments, and a member of the Antitrust and Competition Practice Group. He joined the firm in 1990. Mr. Cherry focuses on defense of government investigations, as well as complex civil and class action litigation, including in particular antitrust disputes.
Practice
Mr. Cherry has represented companies and individuals in the US, Europe and Asia in connection with international cartel investigations and parallel proceedings. He has substantial experience in defending grand jury investigations by the Antitrust Division of the US Department of Justice, investigations by state attorneys general, and follow on civil litigation, including class actions and opt out cases, both in litigation and arbitration. He also litigates other antitrust and business disputes.
Recent Highlights
Mr. Cherry has been recognized by various publications, including Chambers and Global Competition Review, as a leading litigator and antitrust lawyer.
He was featured in a Legal Times article titled, “Flat-Screen Cost Controversy Goes Global,” on March 30, 2009, for his work in what has been called “one of the largest price-fixing cases ever.”
Mr. Cherry has successfully litigated a variety of complex cases, notably:
- Cartel Investigations and Litigation – Lead counsel in defense of numerous international cartel cases involving various industries, including parcel tanker shipping, freight forwarding, TFT-LCD panels, flash memory, automobile components, and prescription drugs – including defense of Antitrust Division investigations, state attorneys general investigations, follow on civil litigation and coordination of foreign proceedings.
- Class Actions – Lead counsel in defense of numerous class actions involving antitrust and other competition related claims, as well as securities and ERISA claims. Has defeated numerous class actions, including following evidentiary hearings. Won landmark Second Circuit ruling in shipping case, requiring arbitration of direct purchaser claims, and subsequently won petition to vacate arbitration tribunal’s determination that contracts allowed arbitration on class basis (prevailed in US Supreme Court).
- Other Business Disputes – Lead counsel in business disputes, including:
- Defended (and in other cases prosecuted) business disputes based on monopolization, predatory pricing, tying and other antitrust claims.
- Defended plan fiduciaries and investment firms in multimillion dollar ERISA cases.
- Defended natural gas company in corporate-control litigation involving claims in excess of $2 billion arising out of failed merger.
- Defended private equity firm in arbitration of $100 million plus contract dispute with former partner.
- Represented managed care organization in arbitration of $45 million contract dispute against pharmacy benefits management firm.
- Defended former bank chairman and CEO in arbitration of $30 million dispute with former executive involving fraud and other claims.
- Represented European distributor of health care products in multi-million dollar litigation against US manufacturer.
Professional Activities
Mr. Cherry is the author of numerous publications, and has spoken at bar events, private industry and other seminars, on cartel investigations and litigation, class actions, and arbitration.
Honors and Awards
- Listed in the 2012 edition of Benchmark Litigation for his leading antitrust practice
