Daniel Crane

Daniel Crane is the associate dean for faculty and research and the Frederick Paul Furth, Sr. Professor of Law. He teaches contracts, antitrust, antitrust and intellectual property, and various advanced antitrust courses. He was previously professor of law at Yeshiva University’s Benjamin N. Cardozo School of Law, and a visiting professor at New York University Law School and the University of Chicago Law School. In the spring of 2009, he taught antitrust law on a Fulbright Scholarship at the Universidade Católica Portuguesa in Lisbon. His recent scholarship has focused primarily on antitrust and economic regulation, particularly the institutional structure of antitrust enforcement, predatory pricing, bundling, and the antitrust implications of various patent practices. Dean Crane’s work has appeared in the University of Chicago Law Review, the California Law Review, the Michigan Law Review, and the Cornell Law Review, among other journals. He is the author of several books on antitrust law, including The Institutional Structure of Antitrust Enforcement (Oxford University Press, 2011).

Dan Small has been a partner at Cohen Milstein for over 17 years and has chaired the firm’s antitrust practice group since 2008.

Small has represented plaintiff classes, often as lead counsel, in numerous antitrust cases over the last 24 years, and has recovered hundreds of millions of dollars.  He has tried cases to verdict before juries and has argued cases in several appellate courts including the United States Supreme Court.

Among the cases on which Small has worked are:  In re Intel Corp. Microprocessor Antitrust Litig. (D. Del.), where he serves as co-lead counsel on behalf of a putative class of purchasers of Intel-powered PCs asserting monopolization claims; Meijer, Inc. v. 3M (E.D. Pa.), a monopolization case in which Small, as lead counsel, negotiated a $30 million settlement on behalf of direct purchasers of transparent tape; In re Buspirone Antitrust Litig. (S.D.N.Y.), in which the plaintiff class alleged that Bristol Myers-Squibb Co. unlawfully excluded generic drug competition, and Small, as co-lead counsel, helped negotiate a $90 million settlement; and Pease v. Jasper Wyman & Son, et al., (Super. Ct., Knox Cty., Maine), a price-fixing class action on behalf of Maine wild blueberry growers in which Small successfully tried the case to a jury, obtaining a judgment of nearly $60 million.  Small also represented Hy-Ko Products Co. in a competitor action against the dominant sellers, respectively, of key blanks and automatic key duplication machines. He also is defending the Service Employees International Union in an antitrust conspiracy action brought by Prime Healthcare Services, Inc.

Small has substantial appellate experience, including briefing and arguing Free v. Abbott Laboratories, No. 99-391, in the United States Supreme Court.  That case presented the issue of whether a supplemental jurisdiction statute overruled Zahn v. International Paper Co.  The Court split 4-4, with Justice O’Connor recusing herself.  Additionally, Small successfully briefed and argued appeals before the Seventh Circuit Court of Appeals in In re Brand Name Prescription Drug Antitrust Litig., 123 F.3d 599 (7th Cir. 1997), regarding whether the district court had subject matter jurisdiction, and in Paper Systems, Inc. v. Nippon Paper Industries Co., Ltd. (7th Cir. 2002), arguing that the federal direct purchaser rule does not immunize a defendant from liability for the direct sales of its co-conspirators.  Finally, he briefed and argued the appeal in Mack v. Bristol-Myers Squibb Co., 1996-1 Trade Cas. (CCH) ¶¶ 71,401 (Fla. 1st DCA 1996), obtaining the first opinion construing the Florida Deceptive and Unfair Trade Practices Act to permit indirect purchasers to sue for damages for antitrust violations.

Small is a member of the Advisory Board of the American Antitrust Institute, and he chairs the committee that selects the annual winner of the Jerry S. Cohen Memorial Writing Award for the best antitrust scholarship.  He has been invited to speak on antitrust and class action topics at events organized by the American Bar Association, the District of Columbia Bar, the Conference Board, and the American Antitrust Institute, among others.  In 2013, Small was recognized as a Washington, D.C. “Super Lawyer” for antitrust litigation, and he was named both a plaintiffs “Local Litigation Star” in the District of Columbia and a national antitrust “Litigation Star” by Benchmark Plaintiff.

Small is a 1981 graduate of Colgate University, receiving a B.A. (cum laude) in History.  He graduated from American University’s Washington College of Law in 1986, and joined Cohen Milstein after serving as a law clerk to the Honorable Roger Vinson, United States District Court for the Northern District of Florida (1986-1988).  Small is admitted to practice in Maryland and the District of Columbia.

Dan E. Gustafson has devoted his practice to the prosecution of antitrust violations, consumer protection, product liability, patent infringements and securities fraud, litigating in federal and state courts across the United States. Mr. Gustafson is a founding member of Gustafson Gluek PLLC where he has been practicing law since 2003. Mr. Gustafson began his law practice at Opperman Heins & Paquin in 1992 before becoming a founding member and partner at Heins Mills & Olson, P.L.C. in 1994. He is admitted to practice in the United States District Court for the District of Minnesota, the United States District Court for the District of North Dakota, the United States District Court for the Eastern District of Michigan, the United States District Court for the Western District of Michigan, the United States Court of Appeals for the Fifth, Eighth and Eleventh Circuits, and in the United States Supreme Court.

Mr. Gustafson is a magna cum laude graduate of the University of North Dakota (B.S. 1986) with majors in Economics and Sociology and a cum laude graduate of the University of Minnesota Law School (J.D. 1989). He was a member of the Minnesota Law Review from 1987 to 1989, serving as an Associate Research Editor in 1988-1989. Mr. Gustafson served as a law clerk to the Honorable Diana E. Murphy, United States District Judge for the District of Minnesota (1989-91).

In June 2005, Mr. Gustafson testified before the United States Congressional Commission on Antitrust Modernization regarding indirect purchaser antitrust issues. In September 2011, he testified before the House Committee on the Judiciary, Subcommittee on Intellectual Property, Competition and the Internet regarding the proposed merger between Express Scripts and Medco. Mr. Gustafson has authored numerous pieces on various legal topics related to class action litigation, antitrust, consumer protection or advocacy. He has also co-authored chapters, “Pretrial Discovery in Civil Litigation” in Private Enforcement of Antitrust Law in the United States and “Obtaining Evidence” in The International Handbook on Private Enforcement of Competition.

Mr. Gustafson is a member of the Hennepin County, Minnesota State, Federal, and American Bar Associations.  He was the president of the Federal Bar Association, Minnesota Chapter for the 2002-2003 year, and vice-chair of the 2003 Eighth Circuit Judicial Conference. In 2009, Mr. Gustafson helped to develop the Federal Bar Association’s Pro Se Project, which coordinates volunteer representation for pro se litigants in the Eighth Circuit. In 2011, Mr. Gustafson agreed to represent a class of approximately 700 patients civilly committed to the Minnesota Sex Offender Program pro bono in an ongoing civil rights case as part of the Pro Se Project.

Mr. Gustafson was named one of Minnesota Lawyer’s Attorneys of the Year in 2010, 2013 and 2017. He has also been designated by Law & Politics magazine as a “Super Lawyer” in the fields of antitrust, class actions and business litigation for seventeen consecutive years. Mr. Gustafson was also ranked in the Top 100 Minnesota “Super Lawyers” from 2012-2018.

In 2014, Mr. Gustafson received the American Antitrust Institute (AAI) Meritorious Service Award for the support he had provided AAI.

 

Chris Sagers, the James A. Thomas Professor of Law at Cleveland State University, is a nationally recognized expert on American competition policy. He has testified before the U.S. Congress and the Antitrust Modernization Commission and is author of  The eBooks Case: United States v. Apple and the Intellectual History of Competition in America (Harvard Univ. Press, 2019), Sullivan, Grimes & Sagers, The Law of Antitrust (West Publishing, 2015), Antitrust Examples & Explanations (Wolters Kluwer/Aspen, 2014) and, with Theresa Gabaldon of George Washington University, Business Organizations (Wolters Kluwer/Aspen Casebook Series, 2016; 2d ed. 2018). His articles have appeared in the Georgetown Law Journal, UCLA Law Review, and other leading journals. He contributes regularly to Slate magazine and his other press appearances include the New York Times, Wall Street Journal, Washington Post, L.A. Times, The Times of London, Agence-France Presse, CNBC, Fox News, and National Public Radio. He is a member of the American Law Institute and a Senior Fellow of the American Antitrust Institute, and he has held leadership roles in the ABA Antitrust Section. He has won several awards for teaching and scholarship, including CSU’s campus-wide Distinguished Research Award, the law alumni association’s Walter G. Stapleton Award for Faculty Excellence, and the student body’s Teacher of the Year award. From 2014-2017 he served as founding Faculty Director of the Cleveland-Marshall Solo Practice Incubator. He has taught courses in Antitrust, Business Organizations, Securities Regulation, Legislation and the Regulatory State, Law & Economics, Administrative Law, Banking Regulation, and a seminar concerning the theory of the firm.

Before joining the faculty, Professor Sagers practiced law for four years in Washington, D.C., first at Arnold & Porter and then at Shea & Gardner. He earned degrees in law and public policy at the University of Michigan and was an editor of the Michigan Law Review.

Hailing originally from the peaceful obscurity of small-town Iowa, Professor Sagers and his wife Annie Wu, who is News Director of Cleveland’s public radio station, live with two sons and a three-legged dog in the nicest town in America, Cleveland Heights, Ohio.

Professor Leslie received his J.D. from Boalt Hall School of Law at the University of California at Berkeley, his Masters in Public Policy from the Kennedy School of Government at Harvard University, and his B.A. in Economics and Political Science from UCLA.

After graduating from law school and being elected to the Order of the Coif, he clerked for Judge Diarmuid O’Scannlain on the United States Court of Appeals for the Ninth Circuit, and practiced antitrust law and complex business litigation in San Francisco at Pillsbury Madison & Sutro, and Heller Erhman.

He has been a Professor of Law at Chicago-Kent College of Law and a Visiting Professor of Law at Stanford Law School, the University of Texas School of Law and N.Y.U. School of Law. He is the past Chair of the Antitrust Law Section of the Association of American Law Schools (AALS) and is a senior editor for the Antitrust Law Journal.

Professor Leslie is the author of the casebook ANTITRUST LAW AND INTELLECTUAL PROPERTY RIGHTS (Oxford University Press, 2011). He is a co-author of the leading treatise in that field, IP AND ANTITRUST: AN ANALYSIS OF ANTITRUST PRINCIPLES APPLIED TO INTELLECTUAL PROPERTY LAW (2nd Edition 2009, and annual supplements, with Hovenkamp, Janis, and Lemley).

His scholarship has been published in the University of Pennsylvania Law Review, the Vanderbilt Law Review, the California Law Review, the Duke Law Journal, the Texas Law Review, the UCLA Law Review, the Minnesota Law Review, the Iowa Law Review, the William & Mary Law Review, the Wisconsin Law Review, the Tulane Law Review, the UC Davis Law Review, the Ohio State Law Journal, the Florida Law Review, the Harvard Civil Rights-Civil Liberties Law Review, among others, as well as several invited symposia and specialty journals.

His scholarship focuses on antitrust law, the intersection of antitrust law and intellectual property rights, sexual orientation discrimination, and class action settlements.

Bruce V. Spiva has tried cases, conducted arbitrations and argued appeals in such areas as congressional redistricting, civil rights, First Amendment law, securities and antitrust. In his representation of businesses and associations, Spiva handles a broad range of commercial litigation and arbitration matters, including antitrust, class actions, contracts, securities, partnership disputes and insurance coverage cases.

In addition to his trial practice, Spiva has written and contributed to briefs to the United States Supreme Court, and has argued appeals in the U.S. Court of Appeals for the District of Columbia Circuit. He has successfully represented both plaintiffs and defendants in nationwide class action lawsuits. He has litigated consumer protection and housing discrimination matters, and brought a case on behalf of a sexual assault survivor that led to the recent overhaul of police and hospital response procedures in D.C.

Spiva has published, spoken and testified on antitrust, voting rights and other issues. He has served as the chair of the board of directors of DC Vote and as co-chair of the D.C. Bar Litigation Section Steering Committee. He testified before the U.S. Congress in favor of the proposed D.C. Voting Rights Act, a bill that would have given residents of D.C. a voting representative in Congress. Spiva currently serves on the advisory boards of the Institute for Consumer Antitrust Studies and the American Antitrust Institute.