Steven E. Bizar

Steven E. Bizar

Shareholder
Steven E. Bizar has more than 20 years of experience representing clients in complex business disputes in federal and state courts and before arbitration panels throughout the country. He is co-chair of the firm's Litigation Section and concentrates his practice on litigation related to antitrust and trade regulation, securities, contracts and business torts, white-collar investigations, and insurance and reinsurance.
  • T: 215 665 3826
  • F: 215 665 8760

Education

  • J.D., 1988
    Columbia University Law School, Harlan Fiske Stone Scholar
  • M.A., 1987
    Brandeis University
  • B.A., summa cum laude, 1984
    Brandeis University, Phi Beta Kappa

Services/Industries

Admissions

  • Pennsylvania
  • New York
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of International Trade
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Northern District of New York
Ranging from multinational manufacturing companies to Internet start-ups and partnerships, Steven's clients span a variety of industries, including pharmaceuticals and chemicals, financial services and securities, communications and telecommunications, new media and technology, health care and wholesale distribution. He was one of only 176 attorneys throughout the United States, Canada, South America and Europe to be named by clients on the 2009 Client Service All-Star Team, a list compiled by BTI Consulting Group, the leading provider of strategic market research to law firms and professional services firms worldwide.

Steven has significant experience in the trial defense of multidistrict class actions, including those filed under federal and state antitrust laws, the federal securities laws, state consumer fraud statutes and involving alleged mass torts. He has also represented clients through trial in a wide range of contract and tort disputes arising from their commercial activities, including "bet the company" lawsuits. Steven regularly represents clients in government antitrust and securities fraud investigations and enforcement proceedings and before administrative agencies and self-regulatory organizations. He has significant appellate experience and has obtained landmark federal and state appellate victories in the areas of class certification, antitrust, securities fraud pleading standards, full faith and credit/res judicata, and forum non conveniens. Steven also has broad experience in counseling clients and managing electronic discovery and records retention issues.

Steven's recent notable victories have included:

  • Obtaining a mandatory TRO in Delaware Chancery Court requiring one of the world's largest chemical manufacturers to supply his client a key chemical monomer despite its force majeure declaration.
  • Obtaining a complete trial victory, affirmed on appeal, for client Cook Composites and Polymers in a five-week federal jury trial stemming from a $405 million lawsuit filed by Viking Yacht Company and Post Marine.
  • Arguing the successful Rule 23(f) appeal resulting in the decertification of a class of hydrogen peroxide purchasers and the clarification of class certification standards in a landmark ruling from the U.S. Court of Appeals for the Third Circuit in a Sherman Act §1 case.
  • Obtaining a trial victory for a foreign manufacturer in which the U.S. Court of International Trade found that U.S. Customs and Border Protection Service should have classified his client’s inkjet colorant products as inks rather than dyes under the Harmonized Tariff, resulting in substantial savings.
  • Obtaining summary judgment in the U.S. District Court for the Southern District of Florida for his client, a multi-state Catholic hospital system, on putative class action claims alleging price gouging in its affiliated hospital’s pricing of health care services to the uninsured.
  • Defeating a claim by a putative class of foreign purchasers of the chemical product MCAA brought under Section 1 of the Sherman Act.
  • Obtaining the dismissal on a Rule 12 motion of an antitrust "group boycott" lawsuit brought against a pharmaceutical distributor in federal court in New York.
  • Obtaining the dismissal, later affirmed on appeal, of a federal securities fraud class action lawsuit filed against our client, a logistics services company, following a series of  earnings restatements.
  • Obtaining the dismissal of a derivative lawsuit filed against the directors and officers of a Fortune 25 company.
  • Obtaining a dismissal in a case of first impression, that established that §304 of the Sarbanes-Oxley Act does not provide a private right of action for disgorgement against a corporate client's CEO and CFO.
  • Obtaining complete exoneration for a client – a registered bond broker – charged with violating federal and state securities laws in a FINRA arbitration in New Orleans.
  • Defeating an $11 billion antitrust class action lawsuit against a pharmaceutical wholesaler, as well as 100 opt-out lawsuits, in an 11-week jury trial in federal court in Chicago, three summary judgment motions, and three separate appeals to the Seventh Circuit.
  • Obtaining dismissal of a federal securities class action lawsuit filed against a regional bank holding company on a motion to dismiss in federal court in New Jersey.

Steven’s recent significant engagements have included:

  • Protecting LP investors against the risk of a GP's default in various private equity investment funds.
  • Defending a multinational chemical manufacturing company against direct and indirect purchaser and opt-out class action antitrust lawsuits filed in federal and state courts across the country challenging its activities with regard to four categories of products.
  • Defending a hospital system against an antitrust claim brought under Section 1 of the Sherman Act alleging a conspiracy to depress salaries of registered nurses in the Albany, New York area.
  • Defending a hospital system against class and collective action lawsuits under the FLSA and analogous state statutes.
  • Protecting a foreign reinsurer's contractual rights in multi-state insurance company insolvency proceedings and reinsurance contract litigation.
  • Prosecuting claims in Pennsylvania state court for a temporary restraining order and preliminary injunction barring the misappropriation of trade secrets on behalf of a pharmaceutical manufacturer.
  • Defending a biotech manufacturing company in an AAA arbitration against alleged breach of warranty and fraud claims stemming from its manufacture of active pharmaceutical ingredients.
  • Defending a multinational specialty chemical manufacturing company in a multimillion-dollar dispute with two former distributors of its EPA-regulated product.
  • Defending a pharmaceutical wholesaler against a breach of contract/fraud lawsuit in federal court in New Jersey.
  • Trying an adversary proceeding in federal bankruptcy court challenging a client's decision not to close a multimillion-dollar asset purchase transaction.

Steven is listed in the Best Lawyers in America and Best Lawyers in Philadelphia for antitrust law and has repeatedly been selected by his peers for the Pennsylvania Super Lawyers® and the Corporate Counsel Super Lawyers® list, considered among the top 5 percent of attorneys practicing in Pennsylvania. He has also repeatedly been listed in the Chambers Guide to America's Leading Business Lawyers in the field of antitrust law and, more recently, commercial litigation. Steven has been quoted on matters related to antitrust litigation and the pharmaceuticals, chemicals, health care, and vitamin industries by national media and industry publications, including Competition Law 360, Global Competition Review, Chemical & Engineering News, The Associated Press, Bloomberg, The Daily Deal, ABCNews.com, Los Angeles Times, The Chicago Tribune, Newsday, The National Law Journal, and The Legal Intelligencer. He was also a featured guest on the television program "Law Journal," discussing his work representing issuers, brokers and brokerage dealers in securities class action lawsuits and FINRA arbitrations.

Representative Cases

  • Arkema Inc. v. The Dow Chemical Co., et al., Civ. No. 5479-VCP (Del. Ct. Chancery May 14, 2010).
  • Viking Yacht Company, et al., v. Composites One LLC, et al., No. 05-cv-538 (D.N.J.) and Nos. 09-3417 and 09-3558 (3rd Cir. July 1, 2010).
  • In re Hydrogen Peroxide Antitrust Litigation, No. 07-1689, 552 F.3d 305 (3rd Cir. Dec. 30, 2008).
  • Avecia, Inc. v. United States, 469 F. Supp. 2d 1269 (Ct. Int’l Trade 2006).
  • Colomar v. Mercy Hospital, Inc. and Catholic Health East, Inc., Case No. 05-22409-Civ. (S.D. Fla Nov. 8, 2006) (Seitz).
  • Globis Capital Partners, L.P. v. Stonepath Group, Inc., No.06-2560, 2007 WL 1977236, (3d Cir. July 10, 2007).
  • In re Stonepath Group Sec. Litigation, No. 04-CV-4515, 2006 WL 980767 (E.D. Pa. Apr. 3, 2006).
  • In re Stonepath Group Sec. Litigation, 397 F.Supp.-2d 575, 2005 WL 2810791 (E.D. Pa. 2005).
  • Neer v. Pelino, et al., 389 F.Supp.2d 648 (E.D. Pa. Sept. 27, 2005). 
  • Latino Quimica-Amtex S.A. v. Akzo Nobel Chemicals B.V., et al., 2005 WL 2207017, 2005-2 Trade Cases (CCH) P. 74,974 (S.D.N.Y. 2005).
  • Amalgamated Bank v. Yost, et al., 2005 WL 226117 (E.D. Pa. Jan. 31, 2005).
  • GE Frankona Reinsurance Company, Ltd., et al. v. Legion Indemnity Company in Liquidation, 373 Ill. App. 969, 870 N.E. 2d 829 (Ill. App. 1st  Dist. 2007).
  • M. Diane Koken, Insurance Commissioner, Commonwealth of Pennsylvania v. Legion Insurance Company, 865 A.2d 945, Pa.Cmwlth., December 09, 2004 (NO. 183 M.D. 2002).
  • Bennett, et al. v. Cardinal Health Marmac Distributors, Inc., et al., 2003 WL 21738604 (E.D.N.Y. 2003).
  • In re Walnut Equipment Leasing Co., Inc., No. 97-19699DWS, 00-864, 2003 WL 22213746 (Bankr. E.D. Pa. Sept. 12, 2003).
  • In re Walnut Equipment Leasing Co., Inc., No. 97-19699DWS, 00-864, 2003 WL 21262710 (Bankr. E.D. Pa. May 28, 2003).
  • In re Walnut Equipment Leasing Co., Inc., 2002 WL 31994477 (Bankr. E.D. Pa., Dec 13, 2002) (NO. 97-19699DWS, 00-0864).
  • Bracco Diagnostics, Inc. v. Bergen Brunswig Drug Co., 226 F. Supp. 2d 557 (D.N.J. 2002).
  • In re Brand Name Prescription Drugs Antitrust Litigation, 288 F.3d 1028 (7th Cir. 2002).
  • In re General Instrument Securities Litigation, 209 F.Supp.2d 423, Fed. Sec. L. Rep. P 91,667 (E.D. Pa. 2001).
  • Morse v. Dun & Bradstreet, Inc., 87 F.Supp.2d 901 (D. Minn. 2000).
  • In re Brand Name Prescription Drugs Antitrust Litigation, 186 F.3d 781 (7th Cir. 1999).
  • In re Brand Name Prescription Drugs Antitrust Litigation, 1999 W.L. 33889, 1999-1 Trade Cases P. 72, 446 (N.D. Ill. Jan. 19, 1999).
  • Abbott Laboratories v. Durrett, 746 So. 2d 316, 1999-1 Trade Cases P 72,559 (Ala. 1999).
  • In re Brand Name Prescription Drugs Antitrust Litigation, 177 F.R.D. 414 (N.D. Ill. 1997) (NO. 94 C 897).
  • Sternberg v. Satco Casting Service, Inc., CIV. A. 95-7084, 1997 WL 230794, 42 U.S.P.Q.2d 1889 (E.D. Pa., Apr 30, 1997).
  • Sternberg v. Satco Casting Service, Inc., CIV. A. 95-7084, 1996 WL 745287 (E.D. Pa., Dec 20, 1996).
  • In re Brand Name Prescription Drugs Antitrust Litigation, 878 F. Supp. 1078, 1995-1 Trade Cases P 71,020 (N.D. Ill. 1995).
  • In re Brand Name Prescription Drugs Antitrust Litigation, 867 F. Supp. 1338, 1995-1 Trade Cases P 70,924 (N.D. Ill. 1994).
  • Liberty Sales Associates, Inc. v. Dow Corning Corp., 816 F. Supp. 1004 (D.N.J. 1993).
  • Blake v. Bank of New York, No. 90 CIV. 4202 (JFK),1992 WL 183632 (S.D.N.Y., Jul 23, 1992).
  • Lony v. E.I. Du Pont de Nemours & Co., 935 F.2d 604 (3rd Cir. 1991).

Admissions

  • Pennsylvania
  • New York
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Middle District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of International Trade
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Northern District of New York

Civic & Charitable

  • Columbia Law School, Member, Board of Visitors
  • Philadelphia Bar Foundation, Member, Board of Trustees
  • Anti-Defamation League of Philadelphia, Regional Board Member 2002-2008
  • Epilepsy Foundation of Eastern Pennsylvania Shining Star Award, 2002, Board Member 1997-2003, Past President

Affiliations

  • Columbia Law School Alumni Association
  • Litigation Counsel of America
  • The Lawyers Club of Philadelphia
  • Federal Courts Committee, chair; 2005 Federal Bench Bar Conference, course planner; Commission on Judicial Selection and Retention, Investigative Division, reviewer; Federal Courts Committee, Philadelphia Bar Association
  • Litigation and Antitrust Sections, American Bar Association Section of International Law

Publications & Speeches