Jay L. Himes

Senior Counsel

Overview

Jay L. Himes is Senior Counsel in the New York office of Labaton Sucharow LLP and former co-chair of the Firm's Antitrust and Competition Litigation Practice. Jay is concentrating on professional engagements after more than 45 years of complex litigation and counseling, with an emphasis on antitrust.

Jay is a past recipient of the New York State Bar Association’s (NYSBA's) Antitrust Section William T. Lifland Service Award for distinguished service. He is consistently ranked by Chambers & Partners USA and has been described as “a walking encyclopedia of case law . . . thoughtful, well-read and a first-rate lawyer.” The Legal 500 called him “a very solid and highly experienced antitrust lawyer.” In addition, Jay is recognized by Lawdragon as one of the “500 Leading Plaintiff Financial Lawyers in America.”

Jay was appointed by United States District Judge Orrick to serve as the monitoring trustee under the final judgment in United States of America v. Bazaarvoice, Inc. Upon completion of the four-year appointment, the Court thanked him for having “diligently and effectively monitored the defendant’s compliance” and for having “worked through innumerable complex issues . . . with obvious skill and sensitivity.”

A regular speaker at conferences focusing on such subjects as antitrust, class actions, international litigation and arbitration, trade law and data protection, Jay has authored many conference papers and published articles. He has lectured annually on U.S. cartel and private action enforcement at the Zurich University of Applied Science's international competition and compliance programs, offered in Geneva, Winterthur and Zurich, Switzerland, to foreign competition law officials and practitioners. He also has presented at conferences in Europe (Amsterdam, Berlin, Dublin, Krakow, Lisbon, Paris, Stockholm, Vienna, Winterthur, and Zurich), Latin America (Antigua and Sao Paolo), and the Far East (Hanoi, Seoul, and Tokyo), as well as in Montreal and the United States.

Prior to joining Labaton Sucharow, Jay served for nearly eight years as the Antitrust Bureau Chief in the New York Attorney General's office. In that role, he was the States’ principal representative in the marathon 2001 negotiations that led to settlement of the governments’ landmark monopolization case against Microsoft. Thereafter, Jay partnered with U.S. DOJ officials to lead the Microsoft judgment monitoring and enforcement effort, an activity that continued throughout his time at the Attorney General's office.

During his tenure as New York's chief antitrust official, Jay also 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 what were at the time the two largest antitrust civil penalties recoveries ever achieved under the State's antitrust statute.

Before serving in the Attorney General’s office, Jay practiced complex litigation for 25 years at Paul, Weiss, Rifkind, Wharton & Garrison LLP. There, 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. He similarly has represented asylum clients at Labaton Sucharow.

Jay is a member of the American Antitrust Institute advisory board, the U.S. advisory board of the Loyola University Chicago School of Law's Institute of Consumer Antitrust Studies, the MLex advisory board, the editorial advisory group of the Antitrust Chronicle, the steering committee of the American Economic Liberties Project, and the board of the Lawyers’ Committee for Civil Rights Under Law.

Jay currently chairs the New York State Bar Association’s (NYSBA’s) International Section, which has over 1,800 members worldwide. Jay is a representative to NYSBA’s sections caucus and co-chairs the antitrust committees of both the State Bar's Commercial and Federal Litigation and International sections. He is also a member of antitrust, litigation, and intellectual property groups in the American Bar Association. He also is a past chair of NYSBA’s Antitrust Section and served a four-year term as the Section's delegate to the House of Delegates.

Jay earned his Juris Doctor, magna cum laude, from the University of Wisconsin Law School, where he served as the Articles Editor of the Wisconsin Law Review.  He also received his Bachelor of Arts from the University of Wisconsin.  Following law school, Jay pursued independent study at the University of Oxford in England.

Admissions

1974, New York

1982, U.S. Supreme Court

U.S. Court of Appeals

1975, Second Circuit
2010, Fifth Circuit
2001, Sixth Circuit
1982, Ninth Circuit
2001, D.C. 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