Steven E. Bizar
ShareholderSteven 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
- Buchanan Holds Mock Trial Training Program to Give Associates Across the Country Practical Trial Experience, July 22, 2010
- Philadelphia Litigation Attorney Steve Bizar Quoted on Decline in Securities Filings in Law360 Article, July 15, 2010
- Buchanan's Litigation Co-chair Steven Bizar Presents on Economics in Antitrust at NERA Conference, July 9, 2010
- Buchanan Ingersoll & Rooney's Victory for Cook Composites and Polymers Affirmed, July 6, 2010
- Buchanan Ingersoll & Rooney Recommended in 2010 Chambers Guide to America's Leading Business Lawyers, June 24, 2010
- Philadelphia Litigation Attorney Steve Bizar Quoted on Successful Representation in Hydrogen Peroxide Case, Firm Client Arkema Only Defendant to Pay 'Nothing', June 14, 2010
- 36 Buchanan Ingersoll & Rooney Attorneys Selected to Pennsylvania Super Lawyers List, May 25, 2010
- Firm's Practice Leaders, Co-Leaders Noted in Philadelphia Business Journal's "Leaders in the Law" Directory, April 21, 2010
- Philadelphia Litigation Attorney Steve Bizar Discusses Results of Philadelphia Bar Association's 'Raising the Bar' Campaign in The Legal Intelligencer, March 23, 2010
- Buchanan's Litigation Co-chair Steven Bizar Appointed to Serve as a Reviewer on the Philadelphia Bar Association's Commission on Judicial Selection and Retention, March 2, 2010
- Fourteen Buchanan Ingersoll & Rooney Attorneys Selected to Corporate Counsel Super Lawyers 2010 List in Business Litigation, February 18, 2010
- A Practical Guide to Today's Class Actions, faculty, Pennsylvania Bar Institute course, Philadelphia, February 18, 2010
- Buchanan Litigation Team's 2008 Hydrogen Peroxide Victory Named an Antitrust Case of the Decade by Law360, January 20, 2010
- Buchanan Ingersoll & Rooney Presents a CLE and Networking Event on Recent Developments in Antitrust, December 4, 2009
- Buchanan's Litigation Co-chair Steven Bizar Presents on Third Circuit's Decision in Hydrogen Peroxide Case at Great Lakes Antitrust Institute, November 9, 2009
- Buchanan Litigation Team's Recent $405 Million Victory for CCP Noted in Media; Bizar Quoted on Case, August 11, 2009
- 70 Buchanan Ingersoll & Rooney Attorneys and Specialists Named Best Lawyers in America; Firm Ranks First in Several Categories, August 5, 2009
- Buchanan Ingersoll & Rooney Litigation Team Hands Victory to Cook Composites and Polymers, July 27, 2009
- Buchanan's Litigation Co-chair Steven Bizar Elected to Serve on Columbia Law School's Board of Visitors, July 7, 2009
- Seventeen Buchanan Ingersoll & Rooney Attorneys Selected Among America's Leading Business Lawyers, June 18, 2009
- 40 Buchanan Ingersoll & Rooney Attorneys Selected to Pennsylvania Super Lawyers List, May 26, 2009
- Hydrogen Peroxide's Aftermath: New Restrictive Directives in Class Certification, panelist, ALI-ABA Live Telephone Seminar and Live Audio Webcast, April 23, 2009
- Philadelphia Litigation Attorney Steve Bizar Quoted on Recent Antitrust Class Action Wins in InsideCounsel, Corporate Legal Times, March 31, 2009
- Philadelphia Litigation Attorney Steve Bizar Presents on Third Circuit Wins at ABA's Antitrust Spring Meeting, March 31, 2009
- Hot Topics — Evolving Class Certification Standards, presenter, American Bar Association's Antitrust Section's Spring Meeting, Washington, D.C., March 26, 2009
- Philadelphia Litigation Attorneys Steve Bizar, Craig Mills' Participation in Program on Third Circuit's Recent Opinion Noted in The Legal Intelligencer, March 4, 2009
- Philadelphia Litigation Attorneys Bizar, Manning and Jones Write Article on Third Circuit's Decision In re Hydrogen Peroxide for Law360, February 23, 2009
- Fourteen Buchanan Ingersoll & Rooney Attorneys Selected to Corporate Counsel Super Lawyers List, February 20, 2009
- Team's Class Certification Reversal Win Noted by Drug Week, February 17, 2009
- American Lawyer.com Notes Attorney Steve Bizar's Role in Teams' Class Certification Reversal Win, February 2, 2009
- Class Certification Reversal Win by Buchanan Ingersoll & Rooney Team Noted in Law360, January 29, 2009
- Buchanan Ingersoll & Rooney Team Led by Steven Bizar Wins Second Reversal of Class Certification in Antitrust Action, January 27, 2009
- Buchanan Ingersoll & Rooney Attorneys Bizar and Boyle Named BTI Client Service All-Stars, January 20, 2009
- Buchanan Ingersoll & Rooney Litigation Team's Recent Antitrust Victory Noted in Multiple Publications, January 7, 2009
- Buchanan Ingersoll & Rooney Litigation Team Wins Antitrust Victory for Client and Future Class Action Defendants, December 30, 2008
- The Foundation of Foundations: Admission of Documentary Exhibits into Evidence at Trial, Upon Further Review, Philadelphia Bar Association, December 8, 2008
- Philadelphia Litigation Attorneys Steven Bizar and Rudy Garcia Featured in Philadelphia Bar Reporter, October 17, 2008
- 69 Buchanan Ingersoll & Rooney Attorneys and Specialists Honored As Best Lawyers in America, September 26, 2008
- Recent Evolution of Class Certification Standards, Speaker and Panelist, ABA Antitrust Section, Spring Meeting, Washington, D.C., March 26, 2008
- Recent Trends in Antitrust Class Certification: The Rule 23(b)(3) Predominance Inquiry in Alleged Horizontal Price Fixing Conspiracies, 2008
- Taking Class Actions to Trial, American Conference Institute’s seminar, Positioning the Class Action Defense for Early Success, Phoenix, September 26, 2007
- When the Lawyer-Employee is the Defendant, Who Pays the Bill? A Survey of Corporate Indemnification for In House Counsel, Legal Ethics for In-House Corporate Counsel, BNA No. 87, 2007
- Observations on Key Differences Between Practice in Federal and Pennsylvania Courts, Pennsylvania Bar Institute, June 2006
- Recent Class Action Developments, Panel Chair, 2005 Federal Bench Bar Conference, PBI, June 10, 2005
- Tips for Protecting Your Litigation Interests in Biopharmaceutical Manufacturing Contracts, Presentation to the Contract Manufacturing for Biopharmaceuticals Conference, May 12, 2005
- Tips For Protecting Your Litigation Interests In Biopharmaceutical Manufacturing Contracts, Preparation of written material for Contract Manufacturing for Biopharmaceuticals Conference, May 2005
- The Class Action Fairness Act of 2005: An Overview, Pennsylvania Bar Association, Civil Litigation Update, Vol. 10, No. 2, Spring 2005
- Drafting International Arbitration Clauses to Avoid Unnecessary Disputes and Confusion, Mealey's International Arbitration Report, Vol. 19, No. 9, pp. 21-34, September 4, 2004
- Arbitral Power: Too Much, Too Little, or Just Right?, Presentation at Annual Meeting of the American Bar Association's Section on Dispute Resolution, April 15, 2004
- Pitfalls in Drafting Arbitration Clauses: Tips for Avoiding Costly Disputes, Atlantic Coast In-House, April 2004
- Pitfalls In Drafting Arbitration Clauses: Tips For Avoiding Costly Disputes, Atlantic Coast In-House, Vol. 1, No. 3, pp. 14, 21, April 2004
- Bad Markets, Bad Investments, Bad Advice - the Legal Fallout, Panelist, Law Journal Television, January 12, 2004
- Litigation Crisis Management: Do's and Don'ts, Buchanan Ingersoll Client Services, November 18, 2003
- Arbitration is Not Always Quick: In Complex Cases, Careful Thought is Needed Before Giving up the Court Process, The National Law Journal, pp. 23-24, lead article for special "In Focus" segment on Alternative Dispute Resolution, November 17, 2003
- FTC Regulation of Pharmaceutical Advertising and Promotion: Perspectives from Outside the Commission, Presentation to the American Conference Institute, June 2, 2003
- Antitrust Compliance Tips for European Managers Doing Business in the United States: Understanding the Fundamentals and Counseling Compliance is the Best Defense, Speaker, Chemical Industry Lawyers' Roundtable, January 23, 2002
- Legal Forward Laterals: In Slow Economy, Numbers are Down but Quality is Up, January 2002
