Bernard Persky
Partner

Bernard Persky is Co-Chair of the Firm’s Antitrust Practice Group. For almost 40 years his practice has involved complex business litigation and class actions, primarily antitrust, trade regulation, securities fraud and civil RICO. Among his peers, he is recognized as a leading antitrust litigator. He has played a key role in major antitrust class actions that have resulted in monetary recoveries to class members, including consumers and businesses, of well over $1 billion.

He is currently Co-Lead Counsel in a number of major antitrust class actions, including In re Aftermarket Filters Antitrust Litigation and In re Optiver Commodities Litigation.

In County of Suffolk v. Long Island Lighting Company, a case in which Mr. Persky was Co-Lead Trial Counsel, the Second Circuit, in upholding a $400 million class settlement and awarding attorneys’ fees to Plaintiff, quoted the trial judge, the Honorable Jack B. Weinstein, as stating “counsel [has] done a superb job [and] tried this case as well as I have ever seen any case tried.” 907 F.2d 1295, 1327 (2d Cir. 1990). Prior to joining the Firm, Mr. Persky devoted much of his practice to successfully defending businesses in major antitrust litigations, including before the United States Supreme Court. See Moitie v. Federated Department Stores, Inc., 452 U.S. 394 (1981).

Mr. Persky has acted as Co-Lead Counsel in major antitrust class actions, including: In re Natural Gas Commodity Manipulation Litigation ($101 million settlement); In re Warfarin Sodium Antitrust Litigation ($44.5 million settlement); In re Buspirone Patent Litigation ($90 million settlement); In re Lorazepam & Clorazepate Antitrust Litigation ($135 million settlement); In re Stock Exchanges Options Antitrust Litigation ($47 million settlement); In re Foundry Resins Antitrust Litigation ($14.2 million settlement); In re TriCor Indirect Purchaser Antitrust Litigation ($65.7 million settlement); In re Maltol Antitrust Litigation; Continental Seasonings, Inc. v. Pfizer, Inc. et al. ($18.45 million settlement); and In re Brand Name Prescription Drug Indirect Purchaser Antitrust Litigation ($65 million multistate settlement).

He is the co-author of the following articles: "Some Defendants Attempt to Derail Partial Settlements," The New York Law Journal, July 29, 2010; "Recent Developments In Class Arbitration," Mealey's Litigation Report, September 17, 2009; "Analyzing Proper Pleading Standard For Commodity Manipulation Claims," The New York Law Journal, February 10, 2009; and "The Advantages of Not Opting Out of Class Action Litigation," Antitrust Counselor, February 2008. Mr. Persky also has lectured before bar associations and other groups on antitrust and class actions.

He is a member of the Advisory Board of the American Antitrust Institute and the Executive Committee of the Antitrust Section of the New York State Bar Association.

Mr. Persky received a rating of AV from the publishers of the Martindale-Hubbell directory.

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