Daniel L. Warshaw

Daniel L. Warshaw, a co-founder of Pearson Warshaw, LLP, has been a significant figure in antitrust class action litigation since the early 2000s. His firm, established in 2006, quickly became a notable player in the antitrust arena, leading large-scale cases in various industries, notably technology, fertilizer and banking.

In one current case, Pearson Warshaw attorneys serve as interim co-lead counsel for a class of vendors using Square for Visa and Mastercard transactions. Lanning, et al. v. Visa, Inc. and Mastercard, Inc. 1:21-cv-02360 (E.D. N.Y, filed April 28, 2021).

“The complaint alleges that the fees associated with Visa and Mastercard transactions are the product of a monopoly, and while Square is the direct payer of interchange fees, it passes along 100% of those costs to the members of the plaintiff class and it is the members of the plaintiff class who ultimately incur the overcharge,” Warshaw said.

In another case, Pearson Warshaw attorneys are co-lead class counsel representing a class of direct purchaser plaintiffs against the largest pork producers in the U.S. In re Pork Antitrust Litigation, 0:18-cv-01776 (D. Minn., filed June 28, 2018).

The complaint alleges that these producers violated antitrust laws by limiting production. With more than $111 million in settlements secured so far, this case is part of the broader “protein cases” trend and is significant for its class certification in March 2023, demonstrating the growing focus on antitrust issues in the food industry.

“Pork has been vigorously litigated for five years and our team has fought every single motion and filing. At the outset of the litigation, the initial motions to dismiss were granted, but we were able to bolster our allegations and ultimately defeated the second round of motions to dismiss by all but one defendant,” Warshaw said. “After two early settlements of over $100 million, all parties dug their feet in and conducted fact and expert discovery leading up to class certification. That motion was opposed and we prevailed earlier this year.”

Warshaw notes that obtaining class certification in such cases is a notable trend, given the substantial time and resources required, especially when certification is vigorously contested. He also points out the challenges faced in the Pork case, where initial motions to dismiss were granted, but the team was able to strengthen their allegations and eventually defeated a second round of motions to dismiss. This highlights the persistent and strategic approach needed in complex antitrust litigation.

“This trend of class certification is noteworthy because the time and resources required to obtain certification is significant, especially when it is so hotly contested,” Warshaw said. “Pearson Warshaw attorneys played a major role in the fact and expert discovery that was required to obtain class certification.”