Daniel E. Laytin, P.C. - Partner

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Daniel E. Laytin, P.C.

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Chicago
Phone: +1 312-862-2198
Fax: +1 312-862-2200
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Professional Profile

Dan Laytin is a litigation partner in Kirkland’s Chicago office. His practice is principally concentrated in the areas of antitrust and other complex litigation.

Dan has been recognized as a leading antitrust practitioner by Chambers every year from 2006 to 2018; by The Legal 500 U.S. for antitrust in 2007, 2010, 2012–2014, 2016–2018, and for appellate: supreme court in 2017; and by The Best Lawyers in America, U.S. News and World Report, Best Lawyers® from 2013 to 2019. He was named as one of only five Rising Stars in the area of antitrust by Law360 in 2013 for his significant accomplishments as an attorney under the age of 40.


Representative Matters

Representative Antitrust Matters

  • Currently represent BlueCross and BlueShield Association, and co-coordinating counsel for all defendants, in putative, consolidated class actions brought by all Blue insureds and all healthcare providers challenging the structure of the BlueCross BlueShield system under the antitrust laws. See Antitrust Lawsuits Target Blue Cross and Blue Shield, WALL STREET JOURNAL, May 27, 2015. Successfully obtained summary judgment for two defendants. See 2016 WL 6124143 (N.D. Alabama Oct. 20, 2016).

  • Lead antitrust attorney for the Chicago Cubs in antitrust case brought by owners of rooftops across from Wrigley Field alleging monopolization and attempted monopolization of alleged market for live Cubs baseball games. Successfully argued against TRO and preliminary injunction that sought to prohibit the Cubs’ erection of a right-field video board and obtained dismissal of antitrust claims. See 80 F. Supp. 3d 829 (N.D. Ill. 2015) (TRO); 87 F. Supp. 3d 874 (N.D. Ill. 2015) (PI); 2015 WL 5731736 (N.D. Ill. Sept. 30, 2015) (MTD). Now on appeal to the Seventh Circuit.

  • Lead counsel for Sanderson Farms in putative antitrust class actions brought by direct and indirect poultry purchasers alleging conspiracy to reduce output and raise prices of broiler chickens. See Why America Pays 50% More for Chicken, BLOOMBERG Sept. 22, 2016; Chicken Prices Under Scrutiny as New Rules Set to Kick In, WALL STREET JOURNAL, Nov. 22, 2016.

  • Successfully argued class certification motion in antitrust cases brought against client Navistar Corp., other truck manufacturers, and a transmission manufacturer in putative class actions alleging a conspiracy to monopolize a transmissions market. Court dismissed both direct and indirect purchaser cases following denial of class certification. See 125 F. Supp. 3d 487 (D. Del. 2015). Direct purchaser dismissal reversed on standing grounds, stayed pending resolution of indirect purchasers’ appeal.

  • Successfully argued motion to dismiss in antitrust case brought against client Trina Solar and other solar panel manufacturers alleging a conspiracy among Chinese solar panel manufacturers to exclude U.S. competitors. See 2014 WL 5511517 (E.D. Mich. Oct. 31, 2014). Reconsideration denied: 2015 WL 4966856 (E.D. Mich. Aug. 20, 2015). Motion to amend judgment denied: 2015 WL 5216579 (E.D. Mich. Sept. 4, 2015). Successfully argued appeal in the Sixth Circuit. See 833 F.3d 680 (6th Cir. 2016). Named Global Competition Review’s Litigator of the week for result. See Litigator or the Week: Daniel Laytin, Global Competition Review, August 22, 2016. Related case settled favorably.

  • Successfully obtained dismissal and affirmance of dismissal following argument in the Second Circuit for Motorola subsidiary in antitrust case alleging bid rigging for governmental contracts. See 711 F.3d 68 (2d Cir. 2013).

  • Lead appellate counsel for ITW in appeal of adverse antitrust and state consumer protection act judgment related to asserted refusal to deal, resale price maintenance, and price discrimination. Obtained state supreme court reversal of antitrust and consumer protection act verdicts with instructions to enter judgment for client on those claims. See 261 P.3d 1143 (Okla. S. Ct. 2011).

  • Representing Hill-Rom in a federal antitrust case brought by a competitor alleging monopolization of hospital-bed related markets. Retained following denial of client’s motion to dismiss; currently in discovery.

  • Have represented numerous other companies, including Baxter, Packaging Corporation of America, Aon, BP, and General Motors in multiple cases, including many putative class actions, around the country.

Representative Non-Antitrust Matters

  • Represented former officers of Conseco Inc. in securities fraud class action. Argued motion to dismiss and class certification motion and Seventh Circuit class certification appeal on behalf of all defendants.

  • Represented GMAC in action challenging propriety GMAC’s re-organization as a Bank Holding Company. Motion to dismiss granted with prejudice.

  • Represented Exxon Mobil against claims brought by a distributor that argued that it had been defrauded by Exxon and Mobil in a post-merger sale of assets, and that it was entitled to exclusive rights to the Mobil brand in most of Texas. Case settled after plaintiff recovered less than three percent of its requested damages at trial.

  • Successfully tried dealer dispute for Mitsubishi Motors Sales of America in dealer dispute related to MMSA’s approval of a new dealership in Kansas City, Kansas.

  • Represented Railroad Development Corp. in dispute against ADM related to RDC’s attempt to purchase the Iowa Interstate Railroad. Obtained summary judgment on 4 of 5 claims; case settled favorably thereafter.

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