Stephen R. Chuk
Senior Counsel
+1.202.416.6697
Stephen Chuk is a senior counsel in Proskauer’s Antitrust and Sports Groups. He advises companies in complex multidistrict litigation, cartel cases, and compliance matters. Stephen also counsels individuals and corporate clients facing criminal and regulatory investigations by the U.S. Department of Justice, Federal Trade Commission, and state attorneys general.
Stephen has extensive experience advising on antitrust matters involving alleged claims of price fixing, monopolization, group boycott, and bid rigging across a wide range of industries, including fintech, sports, agriculture, and health care. In addition, he advises on consumer protection matters involving marketing practices and false advertising.
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The tide of regulation of cryptocurrency and blockchain could be turning in the United States. Following comments by newly-confirmed Treasury Secretary (and former Federal Reserve Chair) Janet Yellen describing Bitcoin as “inefficient” and “extremely volatile,” the price of the coin dropped 10% in 24 hours. During her confirmation hearings, Yellen described cryptocurrencies as a “particular … Continue Reading
The change in the White House administration combined with a potential ground-breaking Supreme Court decision may move the oversight and enforcement for marketing by the fintech sector from the Federal Trade Commission (“FTC”) to the Consumer Financial Protection Bureau (“CFPB”). This would be a tectonic shift.… Continue Reading
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global enforcers are also focusing on the role competition laws play as industries – both essential and hard-hit – grapple with the new environment.… Continue Reading
The Xbox 360 is designed for gaming. Appellate litigation, gamers learned, is not. On behalf of a putative class of purchasers of the Xbox 360, a group of gamers brought suit alleging a defect with the consoles. After the district court struck the class allegations, plaintiffs sought permission to appeal under Rule 23(f), which the … Continue Reading
Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend, effectively dismissing claims brought by a group of shepherds working under the H-2A Visa Program, which covers agricultural guest workers. … Continue Reading
We wrote here previously regarding the Sixth Circuit’s decision in Shane Group v. Blue Cross Blue Shield of Michigan vacating a class action settlement because the district court improperly refused to unseal the parties’ substantive filings. In revisiting the district court’s sealing orders, the Court of Appeals found that the parties’ cursory justifications for their … Continue Reading
Before plaintiffs could light the pilot on antitrust claims against two propane tank distributors, a split Eighth Circuit panel cut the gas. In doing so, the majority espoused a narrow view of the applicability of the continuing violations theory in antitrust litigation. In 2014, following an FTC administrative complaint, class plaintiffs brought suit against defendant … Continue Reading
Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement. But when one of the parties is a purported class, and the allegation is an antitrust violation, settlement and secrecy may be like water and oil. This tension came to a head in Shane Group v. Blue Cross Blue Shield … Continue Reading
Anyone who watches Survivor or Game of Thrones knows that alliances are critical. And while they may be necessary to endure from one day to the next, alliances are inevitably broken. Co-defendants in antitrust cases can draw lessons from these shows. Like alliances, joint defense agreements (“JDA” or “JDAs”) help facilitate defendants’ common interests. JDAs … Continue Reading
Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law’s annual Spring Meeting. The Spring Meeting provides a look at the year that was and predictions for the year to come. Proskauer was again on the scene to provide the key learnings and takeaways … Continue Reading
Recent federal court opinions dismissing cases under Rule 12(b)(6) may provide an early off-ramp for antitrust defendants where a roadblock has often existed. Courts are increasingly dismissing cases at the 12(b)(6) stage for failure to properly plead market definition and therefore failing to meet the requirements of Twombly as to the market definition allegations of … Continue Reading
Antitrust Enforcers Preview Incoming Spotlight on Blockchain
By Stephen R. Chuk on Posted in Antitrust, Federal Rules, Media and Technology
Could the FTC Pass the Torch to the Consumer Financial Protection Bureau to Oversee the Fintech Industry?
By Stephen R. Chuk on Posted in Appellate, Commercial Litigation, Federal Rules
Antitrust Enforcers Target Coronavirus-related Violations
By Jade-Alexandra Fearns, Christopher E. Ondeck, Colin Kass and Stephen R. Chuk on Posted in Antitrust, Price Gouging
The Supreme Court Says “Game Over” to Crafty Gamers’ Attempt to Circumvent Class Certification Appeals
By Stephen R. Chuk on Posted in Appellate, Rule 23/Class Actions
Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture
By Stephen R. Chuk on Posted in Antitrust, Class Action, Labor & Employment
The Sixth Circuit’s Continued Scrutiny of Sealing Decisions
By Stephen R. Chuk on Posted in Litigation, Settlements
The Eighth Circuit Extinguishes Claims of Continuing Conduct in Propane Tank Conspiracy
By Stephen R. Chuk on Posted in Antitrust, Appellate
When Settlement and Secrecy Do Not Mix
By David Munkittrick and Stephen R. Chuk on Posted in Antitrust, Settlements
Surviving Settlement Provisions in Joint Defense Agreements
By Stephen R. Chuk on Posted in Antitrust, Settlements
Four Takeaways from the ABA Antitrust Section’s 2016 Spring Meeting
By Stephen R. Chuk on Posted in Antitrust
A New Normal? Challenges to Market Definition Find a Foothold at 12(b)(6) Stage
By Stephen R. Chuk on Posted in Antitrust
