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Hershel is a litigator whose practice focuses on antitrust/competition and complex commercial disputes. He also has extensive experience securing merger clearance in a diverse range of industries, and regularly advocates on behalf of clients before state attorneys general and federal regulatory agencies, including the U.S. Department of Justice and the Federal Trade Commission.

Hershel has represented clients in a broad range of industries, including healthcare, airlines, financial services, telecommunications, and agribusiness.  Clients rely on his judgment and strategic advice in executing mergers, acquisitions and other business transactions, particularly those requiring compliance with the Hart-Scott-Rodino Antitrust Improvements Act and related responses to U.S. and foreign antitrust reviews. Hershel has also conducted internal corporate investigations and advised clients on a variety of issues, including the impact of potential legislation, regulatory rulemakings, compliance, the legality of pricing promotions, and e-discovery practices.

Full Bio

Credentials

B.A. Political Science, University of Michigan, class honors

J.D., Case Western Reserve University School of Law, Executive Senior Editor

District of Columbia

Michigan

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eighth Circuit

American Bar Association

Polish

Matters

Served as trial and appellate counsel in the FTC's and North Dakota Attorney General's challenge to Sanford Health's proposed acquisition of a multi-specialty physician practice

Represented Cogent Communications on competition and regulatory issues in the U.S. and Europe, and before the DOJ and FCC in connection with the proposed Comcast/Time Warner Cable merger

Represented American Express in antitrust litigation against Visa and MasterCard in which American Express obtained a record-breaking settlement in excess of $4 billion

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Matters

Served as trial and appellate counsel in the FTC's and North Dakota Attorney General's challenge to Sanford Health's proposed acquisition of a multi-specialty physician practice

Represented Cogent Communications on competition and regulatory issues in the U.S. and Europe, and before the DOJ and FCC in connection with the proposed Comcast/Time Warner Cable merger

Represented American Express in antitrust litigation against Visa and MasterCard in which American Express obtained a record-breaking settlement in excess of $4 billion

Defended American Express against claims by the Department of Justice and various merchants (both a class and opt outs) alleging violations of Sections 1 and 2 of the Sherman Act

Advised Sanford Health in securing antitrust clearance for its $1.8 billion acquisition of one of the nation’s largest providers of senior care and services

Advised NASCAR in securing antitrust clearance for its $2 billion acquisition of International Speedway Corporation

Advised a major airline in securing antitrust clearance for various transactions, including the acquisitions of equity stakes in other companies and the sale of a subsidiary

Advised an integrated health system in securing antitrust clearance for its consolidation with another health system into an $11 billion organization

Represented an integrated health system in connection with competition and related issues

Defended Delta Air Lines, Inc. in a lawsuit challenging its merger with Northwest Airlines Corp., and representing Delta in connection with the U.S. Department of Justice’s review of that merger

Represented a foreign government in its $2.5 billion investor-state arbitration against Mobile TeleSystems, brought under the Additional Facility of the ICSID

Matters

Served as trial and appellate counsel in the FTC's and North Dakota Attorney General's challenge to Sanford Health's proposed acquisition of a multi-specialty physician practice

Represented Cogent Communications on competition and regulatory issues in the U.S. and Europe, and before the DOJ and FCC in connection with the proposed Comcast/Time Warner Cable merger

Represented American Express in antitrust litigation against Visa and MasterCard in which American Express obtained a record-breaking settlement in excess of $4 billion

See more

Close

Matters

Served as trial and appellate counsel in the FTC's and North Dakota Attorney General's challenge to Sanford Health's proposed acquisition of a multi-specialty physician practice

Represented Cogent Communications on competition and regulatory issues in the U.S. and Europe, and before the DOJ and FCC in connection with the proposed Comcast/Time Warner Cable merger

Represented American Express in antitrust litigation against Visa and MasterCard in which American Express obtained a record-breaking settlement in excess of $4 billion

Defended American Express against claims by the Department of Justice and various merchants (both a class and opt outs) alleging violations of Sections 1 and 2 of the Sherman Act

Advised Sanford Health in securing antitrust clearance for its $1.8 billion acquisition of one of the nation’s largest providers of senior care and services

Advised NASCAR in securing antitrust clearance for its $2 billion acquisition of International Speedway Corporation

Advised a major airline in securing antitrust clearance for various transactions, including the acquisitions of equity stakes in other companies and the sale of a subsidiary

Advised an integrated health system in securing antitrust clearance for its consolidation with another health system into an $11 billion organization

Represented an integrated health system in connection with competition and related issues

Defended Delta Air Lines, Inc. in a lawsuit challenging its merger with Northwest Airlines Corp., and representing Delta in connection with the U.S. Department of Justice’s review of that merger

Represented a foreign government in its $2.5 billion investor-state arbitration against Mobile TeleSystems, brought under the Additional Facility of the ICSID

Credentials

B.A. Political Science, University of Michigan, class honors

J.D., Case Western Reserve University School of Law, Executive Senior Editor

District of Columbia

Michigan

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Eighth Circuit

American Bar Association

Polish