DAVID M. SCHIFFMAN, a partner in the Chicago office since 1985, handles trials, arbitrations and appeals in complex antitrust, M&A, bankruptcy, lender liability and telecommunications litigation. As lead or co-counsel, he has tried cases for AT&T, Bank of America, Johnson & Johnson, JPMorgan Chase, G.D. Searle & Co., Household International, El Paso Electric Company, the Stockholders’ Representative for Harmonix Music Systems and the Unsecured Creditors Committee of Columbia Gas Transmission Company.
M&A Litigation Experience
David led the team that obtained a $533 million arbitration award in an earn-out dispute arising from the sale of Harmonix Music Systems, Inc. (developer of the video games Rock Band and Guitar Hero), and successfully defended the award in the Court of Chancery and the Supreme Court of Delaware. David also led the team that won summary judgment for CHS Capital LLC in a lawsuit arising from the sale of a business by one of its portfolio companies, and argued the appeal that upheld summary judgment. David has handled many other post-acquisition disputes.
Antitrust Litigation Experience
David has tried four antitrust cases to verdicts, all successfully. In 2008, he was on the team that won a 6-week jury trial for AT&T in a case alleging price-fixing of Universal Service Fund charges. In 2006, he was on the team that won a 6-week jury trial for Johnson & Johnson in a medical device case alleging monopolization, which was selected as one of the top defense verdicts of the year by the National Law Journal. David participated in the successful defense of G.D. Searle & Co. (now part of Pfizer) in the Brand Name Prescription Drugs price-fixing class action. Following 10 weeks of trial, the court directed a verdict for the defendants. He was also on the team that won a defense verdict for AT&T following a two-month trial on monopolization claims.
David argued the Eleventh Circuit appeal that affirmed the denial of class certification in a tying case brought against Astellas. He successfully defended AstraZeneca in a so-called “product hopping” or “product life cycle” monopolization case involving its Nexium® and Prilosec® products. All of the complaints were dismissed. He participated in the defense of Microsoft in two monopolization cases. In addition, he has defended AT&T in several other antitrust cases as well as many non-antitrust suits. David has also taught a seminar on antitrust law in a class at the University of Chicago Booth School of Business.
Bankruptcy Litigation Experience
David has litigated numerous preference, fraudulent transfer and equitable subordination cases, representing both plaintiffs (debtors and committees) and defendants as lead or co-counsel in cases involving claims of hundreds of millions of dollars. He has handled both trials and appeals, including several landmark bankruptcy and lender liability cases.
David handles both arbitrations and mediations, including the $533 million award described above as well as the defense in a five-week arbitration in which the plaintiffs were awarded nothing and AT&T was awarded $26 million on its counterclaims. For many years he chaired the firm’s Alternative Dispute Resolution Resources group. He also taught a seminar on Alternative Dispute Resolution at The University of Chicago Law School.