Jay L. Himes

Partner
Overview

Overview

Co-Chair of the Firm's Antitrust & Competition Litigation Practice, Jay Himes is experienced in all facets of the antitrust landscape, including investigations and case filings, merger transactions, trial and appellate litigation, and settlements. With more than 40 years of experience in complex litigation, Jay focuses on representing plaintiffs in price-fixing class action cases and protects businesses from anticompetitive activities.

Jay also serves as the court-appointed trustee in the Department of Justice's recent merger victory after trial—United States of America v. Bazaarvoice, Inc.—with the responsibility to monitor Bazaarvoice's compliance with its obligations under the final judgment.

Jay is the 2014 recipient of the William T. Lifland Service Award, presented by the Antitrust Section of the New York State Bar Association for distinguished service. Chambers USA reports that sources described him as an "aggressive litigator with a broad knowledge of the law," and The Legal 500's sources called him "a very solid and highly experienced antitrust lawyer."

A regular speaker at conferences focusing on antitrust and class actions, Jay has authored many articles on related issues. He has lectured on U.S. cartel enforcement at the Zurich University of Applied Science's international competition and compliance programs offered to foreign competition law officials and practitioners in Geneva, and he presented at panels in Hanoi, Lisbon, Sao Paolo, Vienna, and Zurich, as well as in the United States. 

Prior to joining Labaton Sucharow, Jay served as the Antitrust Bureau Chief in the New York Attorney General's office. During his nearly eight-year tenure as New York's chief antitrust official, Jay led significant, high-profile antitrust investigations and enforcement actions. These cases included: In re Buspirone Antitrust Litigation ($100 million settlement); In re Cardizem CD Antitrust Litigation ($80 million settlement); and In re Compact Disc Antitrust Litigation ($67 million settlement). Under Jay's leadership, the New York Bureau secured the two largest antitrust civil penalties recoveries ever achieved under the State's antitrust statute.

Jay was also the State principal representative in the marathon negotiations that led to a settlement of the government's 2001 landmark monopolization case against Microsoft. His leadership in the Microsoft judgment enforcement activity continued throughout his time at the Attorney General's office.

Prior to serving in the Attorney General's office, Jay practiced complex litigation for 25 years at Paul, Weiss, Rifkind, Wharton & Garrison LLP, where he represented the 12 Federal Reserve Banks as plaintiffs in a price-fixing case against the nation's leading armored car companies, and defended a Revlon healthcare company in a series of price-fixing cases that spanned nearly a decade. Additionally, Jay handled a wide range of litigation, including securities class actions as well as contract, construction, constitutional, entertainment, environmental, real property, and tax litigation. Active in pro bono matters, Jay worked with the New York Civil Liberties Union, NAACP, and National Coalition for the Homeless, while also representing inmate and immigration asylum clients.

Jay is also a member of the U.S. Advisory Board of the Loyola University Chicago School of Law's Institute of Consumer Antitrust Studies, the advisory board of the Bloomberg Law's Antitrust & Trade Regulation Reporter, and the editorial advisory group of the Antitrust Chronicle.

Jay serves as the Antitrust Section's delegate to the House of Delegates of the New York State Bar Association (NYSBA). He is also the past chair of the Antitrust Section of the NYSBA and currently co-chairs the antitrust committees of both the State Bar's Commercial and Federal Litigation Section and its International Section. Effective June 2016, Jay will become the secretary of NYSBA's International Section. Jay is also a member of antitrust, litigation, and intellectual property groups in the American Bar Association.

Jay graduated from the University of Wisconsin Law School, where he served as the Articles Editor of the Wisconsin Law Review. Following law school, he pursued independent study at the University of Oxford in England.

Education

University of Wisconsin Law School
J.D., magna cum laude, 1972

University of Wisconsin
B.A., 1970

Admissions

1974, New York

1982, U.S. Supreme Court

U.S. Court of Appeals
1975, Second Circuit
1982, Ninth Circuit
2001, Sixth Circuit
2001, D.C. Circuit
2010, Fifth Circuit

U.S. District Court
1972, Eastern District of Wisconsin
1972, Western District of Wisconsin
1975, Southern District of New York
1978, Eastern District of New York

Published & Presented