Proskauer’s perspective on developments and trends in commercial litigation.

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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Antitrust Enforcers Preview Incoming Spotlight on Blockchain

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

Could the FTC Pass the Torch to the Consumer Financial Protection Bureau to Oversee the Fintech Industry?

By Stephen R. Chuk on February 16, 2021 Posted in Appellate, Commercial Litigation, Federal Rules

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

Antitrust Enforcers Target Coronavirus-related Violations

By Jade-Alexandra Fearns, Christopher E. Ondeck, Colin Kass and Stephen R. Chuk on March 23, 2020 Posted in Antitrust, Price Gouging

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 Supreme Court Says “Game Over” to Crafty Gamers’ Attempt to Circumvent Class Certification Appeals

By Stephen R. Chuk on July 7, 2017 Posted in Appellate, Rule 23/Class Actions

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

Colorado Court Sends Shepherds’ Wage-Fixing Antitrust Suit Out to Pasture

By Stephen R. Chuk on April 6, 2017 Posted in Antitrust, Class Action, Labor & Employment

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

The Sixth Circuit’s Continued Scrutiny of Sealing Decisions

By Stephen R. Chuk on October 14, 2016 Posted in Litigation, Settlements

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

The Eighth Circuit Extinguishes Claims of Continuing Conduct in Propane Tank Conspiracy

By Stephen R. Chuk on September 27, 2016 Posted in Antitrust, Appellate

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

When Settlement and Secrecy Do Not Mix

By David Munkittrick and Stephen R. Chuk on June 30, 2016 Posted in Antitrust, Settlements

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

Four Takeaways from the ABA Antitrust Section’s 2016 Spring Meeting

By Stephen R. Chuk on April 20, 2016 Posted in Antitrust

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

A New Normal? Challenges to Market Definition Find a Foothold at 12(b)(6) Stage

By Stephen R. Chuk on April 5, 2016 Posted in Antitrust

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

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