Neil Swartzberg, Of Counsel to Pearson Warshaw, LLP, has significant litigation and counseling experience, with a track record of providing advice and representation to individuals and companies. He has expertise in complex and commercial litigation, focusing on consumer protection, antitrust and securities laws, primarily in the class action context. Practicing in both federal and state courts, he has litigated price-fixing class actions, securities fraud suits and other consumer protection cases, as well as patent infringement, trade secret misappropriation and related intellectual property matters.

Mr. Swartzberg was a leading attorney in the direct purchaser plaintiff class action In re Static Random Access Memory (SRAM) Antitrust Litigation (N.D. Cal.). He was also actively involved in several other antitrust class actions, such as In re International Air Transportation Surcharge Antitrust Litigation (N.D. Cal.), Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.), In re Cathode Ray Tube (CRT) Antitrust Litigation (N.D. Cal.), and In re Optical Disk Drive (ODD) Antitrust Litigation (N.D. Cal.). In addition, he has represented patent owners and companies in infringement cases for patents covering video game controllers, Internet search functionality, secure mobile banking transactions and telecommunications switches.

His current cases include: direct purchaser antitrust class actions against the leading domestic producers of poultry (broiler chickens) and pork; several class actions on behalf students against colleges and universities seeking partial refunds of tuition and fees because of the schools closing their campuses and transitioning to online-only classes in the wake of COVID-19; an antitrust suit challenging the conduct of Major League Soccer and the United States Soccer Federation to exclude competition in men’s professional soccer; and, two consumer class actions against airlines who failed to provide proper refunds when they canceled passengers’ flights following COVID-19.

Current Cases:

• In re Broiler Chicken Antitrust Litigation (N.D. Ill.)
• In re Pork Antitrust Litigation (D. Minn.)
• Vakilzadeh v. The Trustees of California State University (Cal. Sup. Ct., Los Angeles)
• North American Soccer League, LLC v. United States Soccer Federation, Inc. (E.D.N.Y)
• Bombin v. Southwest Airlines Co. (E.D. Pa.)

Education:

• University of California, Davis, School of Law– J.D. – 2001
• State University of New York, Buffalo – M.A. – 1994
• Duke University – A.B. – 1991

Bar Admissions:

• California
• Ninth Circuit Court of Appeals
• Federal Circuit Court of Appeals
• U.S. District Court, Central District of California
• U.S. District Court, Eastern District of California
• U.S. District Court, Eastern District of Missouri
• U.S. District Court, Western District of Pennsylvania

Publications and Presentations:

• The Hard Cell, Mobile banking and the Federal Circuit’s “divided infringement” decisions, Feb. 2013, Intellectual Property magazine, with Robert D. Becker.

Professional Associations and Memberships:

• American Bar Association

Languages:

• German (proficient)