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Daniel D. Birk is a partner at Eimer Stahl LLP. Dan focuses his practice on antitrust litigation and other complex civil and criminal matters and has extensive experience representing clients in nationwide class actions and federal grand jury price-fixing investigations and before the Federal Trade Commission. Dan has taken a lead role in the defense of several large antitrust class actions and has prepared multiple appellate briefs and a petition for a writ of certiorari to the U.S. Supreme Court. Dan also counsels clients on data privacy and information governance matters and in developing innovative strategies for the efficient management of large-scale discovery projects. In Edwards v. National Milk Producers Federation, he helped Eimer Stahl pioneer one of the earliest federal court orders granting the use of predictive coding technology in electronic discovery.

Dan has published articles on the jurisdiction of the federal courts in the Harvard Law Review and the Yale Law Journal and an article on mutual fund fee litigation in the Northwestern University Law Review. He is a contributor to the American Bar Association's Antitrust Section and a member of the Sedona Conference, an e-discovery think tank. Before attending law school, Dan taught English at high schools in Brooklyn, New York and Vienna, Austria.

Highlighted Cases

  • In re Auto Body Shop Antitrust Litigation (M.D. Fla. MDL No. 2557): representation of an insurance company in multidistrict antitrust litigation; Obtained dismissal of Sherman Act allegations for failure to state a claim.
  • In re Dairy Farmers of America, Inc. Cheese Antitrust Litigation (N.D. Ill. MDL No. 2031): representation of a multinational dairy company in a multidistrict class action alleging an antitrust and commodity manipulation conspiracy; the district court granted summary judgment on the merits of all claims. The court of appeals affirmed.
  • United States v. CITGO Petroleum Corporation (5th Cir. No. 14-40128): representation of CITGO Petroleum Corporation in its appeal of a Clean Air Act prosecution; court of appeals reversed and directed the district court to enter a judgment of acquittal.
  • Edwards v. National Milk Producers Federation (N.D. Cal. No. 11-cv-04766); First Impressions v. National Milk Producers Federation (S.D. Ill. No. 13-cv-00454): representation of Land O’Lakes, Inc. in federal and state law antitrust class actions alleging that dairy farmers and cooperatives engaged in a conspiracy to limit the supply of milk.
  • In re Steel Antitrust Litigation (N.D. Ill. No. 08-cv-05214): representation of a multinational steel company in federal and state law antitrust class actions alleging that steel manufacturers engaged in a conspiracy to reduce steel production. Obtained dismissal of indirect purchaser claims for lack of antitrust standing.

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