David Reichenberg

Member

New York

(212) 883-4956

(212) 986-0604

Recent News:

David Reichenberg Named to GCR's "40 Under 40" List

David Reichenberg has been named to Global Competition Review’s “40 Under 40” quadrennial list, which recognizes the top antitrust lawyers in the world under 40.

As a leading antitrust litigator, David has become the cornerman top companies turn to when they need a skilled and passionate lawyer to champion their cause. This passion and skill has taken him to the highest levels of the field, successfully representing companies like Google, Netflix, Arista Networks, YouTube, and Twitter. David has been named to Global Competition Review’s “40 Under 40” quadrennial list, which recognizes the top antitrust lawyers in the world under 40.

David’s defense of Netflix in a class action and his prosecution of a monopolization claim on behalf of Arista against Cisco Systems were both awarded the antitrust matters of the year by the Global Competition Review.  As a fierce advocate for his clients, he regularly advises Fortune 500 and other companies on the antitrust implications of potential business initiatives and has counseled and litigated on behalf of clients regarding all forms of unfair competition law, including intellectual property and trade secrets.  

David has coordinated responses to investigations by the U.S. Department of Justice and Federal Trade Commission (on both the offensive and defensive sides), and he is active in the ABA Antitrust Section, currently serving as a co-chair on the Trial Practice Committee. David started his career at a leading antitrust boutique, focusing on merger clearance and litigation, which included the successful resolution of a CID in federal court.

David’s pro bono work is also a source of great pride, including representing individual litigants prosecuting civil rights claims in Federal Court.  Most recently, Dave was the first-chair on a trial team that secured a favorable jury verdict in the Eastern District of New York on a 1983 claim under the Fourth Amendment. 

David has been recognized as a rising star by Super Lawyers, and he earned his undergraduate degree, with honors and distinction, from Cornell University. David earned his law degree from Fordham University School of Law, where he was the ADR editor of the Urban Law Journal, member of the Moot Court Board and received the top grade in EU Competition Law. 

Experience

News

David Reichenberg Named to GCR's "40 Under 40" List

May 14, 2020

David Reichenberg has been named to Global Competition Review’s “40 Under 40” quadrennial list, which recognizes the top antitrust lawyers in the world under 40.

Apple’s ‘arbitrary’ App Store rules keep Arcade rivals locked out

March 25, 2020

David Reichenberg was quoted in Tech Central discussing how Apple imposes strict limits on the kinds of apps users can access on its devices, and whether or not this raises antitrust issues.

In FTC Probe Of Small (Big) Tech Deals, Knowledge Is Power

February 19, 2020

David Reichenberg was quoted in Law360, discussing the FTC's announcement that it would consider "whether large tech companies are making potentially anti-competitive acquisitions of nascent or potential competitors."

Big Tech Antitrust Investigations: 3 Things for General Counsel to Know

February 14, 2020

David Reichenberg was featured in Corporate Counsel explaining three things general counsel in other tech and non-tech companies should know, during antitrust investigations of big tech giants.

Qualcomm makes case before Ninth Circuit panel to reverse monopoly judgment

February 13, 2020

David Reichenberg was quoted in the San Diego Union-Tribune discussing Qualcomm's appeal of last year's verdict that it violated anti-monopoly laws.

California Cases To Watch In 2020

January 01, 2020

David Reichenberg was featured in a Law360 article discussing the Qualcomm litigation.

Apple's Default iPhone Apps Give It Growing Edge Over App Store Rivals

October 02, 2019

David Reichenberg discusses his thoughts on Apple's default applications and the policies behind it.

Qualcomm Wins Reprieve in F.T.C. Antitrust Case With Appeals Court Ruling

August 23, 2019

David Reichenberg was quoted in the New York Times discussing his thoughts on the Antitrust case involving Qualcomm.

Cozen O'Connor Attorneys Win Global Competitive Review 9th Annual Award Ceremony for "Litigation of the Year – Non-Cartel Prosecution”

March 26, 2019

On March 26, Cozen O'Connor attorneys David Reichenberg and Thomas Ingalls were honored at the GCR (Global Competitive Review) 9th Annual Awards Ceremony for "Litigation of the Year – Non-Cartel Prosecution” for their work on the Arista Networks v Cisco Systems case.

What it all boils down to in FTC vs. Qualcomm

February 10, 2019

David Reichenberg discussed the recent antitrust trial attacking Qualcomm’s business model with Mike Freeman of The San Diego Union-Tribune.

Why the FTC Thinks You Pay Too Much for Smartphones

January 12, 2019

David Reichenberg, a member in the firm's Antitrust Practice Group, was quoted in F3News' article "Why the FTC Thinks You Pay Too Much for Smartphones."

California Cases To Watch In 2019

January 01, 2019

David Reichenberg, a member in the firm's Commercial Litigation Department, was quoted in Law360's article, "California Cases To Watch In 2019."

FTC antitrust case against Qualcomm puts business model under microscope

December 30, 2018

David Reichenberg, a member of the firm's Commercial Litigation Department, was quoted in The San Diego Union-Tribune's article, "FTC antitrust case against Qualcomm puts business model under microscope."

Lawyers Wait to See How DOJ Merger Review Overhaul Plays Out

September 27, 2018

David Reichenberg, a member in the firm's Antitrust Group, was quoted in Global Competition Review's article, "Lawyers wait to see how DOJ merger review overhaul plays out."

Impact Of AmEx Decision On Tech Cos. Up For Debate

June 25, 2018

David Reichenberg, a member in the firm's Antitrust Practice, was quoted in Law360's article, "Impact Of AmEx Decision On Tech Cos. Up For Debate."

Supreme Court Says Foreign Gov't Submissions Not Binding

June 14, 2018

David Reichenberg, a member in the firm's Antitrust Practice, was quoted in Law360's "Supreme Court Says Foreign Gov't Submissions Not Binding."

Antitrust Litigator Joins Commercial Litigation Department

April 05, 2018

David Reichenberg has represented U.S. tech leaders, including Google, Netflix, and Twitter

Publications

COVID-19 and the Risk of Anti-Competitive Employment Practices

May 11, 2020

David Reichenberg, Jonathan Grossman, Mark Jacobson and Max Kaplan published an article to Corporate Compliance Insights discussing how employers, staffers, and recruiters should be cautious of antitrust enforcement during COVID-19.

COVID-19 and Antitrust: Government Announcements and Recommendations

March 30, 2020

David Reichenberg published an article to Corporate Compliance Insights reviewing government announcements, discussing certain private party reactions and potential scenarios and making recommendations on how compliance professionals and stakeholders may consider forging a path forward during COVID-19.

COVID-19 and Antitrust? An Announcement from the Department of Justice [Alert]

March 18, 2020

David Reichenberg and Jonathan Grossman discuss the DOJ's warning against violations of antitrust laws in the manufacturing, distribution, and sale of public health products such as face masks, respirators, and diagnostics.

First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward [Alert]

February 25, 2020

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have wide-ranging implications for both branded companies that own, and generic companies that challenge, patents listed on FDA’s Orange Book that claim drug delivery devices.

Checking in on PeaceHealth: Providing Some Clearer Guidance to Bundling Sellers

October 03, 2019

David Reichenberg contributed an article to the Antitrust Source discussing the pros and cons of the discount attribution test used by PeaceHealth.

4 Things To Know About The Apple-Qualcomm Antitrust Trial

April 12, 2019

David Reichenberg was quoted in Daniel Siegal's article for Law360 about the Apple Inc. v. Qualcomm Incorpated case, an antitrust trial that includes Apple's claims that Qualcomm used a sprawling web of license agreements to keep a stranglehold on the smartphone chip market.

DOJ Warns Academy that Excluding Streaming Platforms from Awards Eligibility May Violate Sherman Act [Alert]

April 10, 2019

David Reichenberg, Alex Kargher, and Matthew Kinskey discuss the recent letter sent by the Chief of DOJ Antitrust to the CEO of the Academy of Motion Picture Arts and Sciences threatening potential antitrust scrutiny should the Academy change its eligibility requirements to exclude streaming platforms from the Oscars.

Deterring Gaming of the Generic Drug Approval Process by the Use of Citizen Petitions [Intellectual Property Alert]

October 15, 2018

Marilyn Neiman, David Reichenberg, and Martin B. Pavane discuss the FDA's updated guidance on citizen petitions that now includes factors that the FDA will consider in determining whether a citizen petition is submitted for the primary purpose of delaying approval of a generic drug.

Industry Sectors

Education

  • Fordham University School of Law, J.D., 2006
  • Cornell University, B.S., with honors, 2003

Awards & Honors

Global Competition Review 40 Under 40, 2020

New York Super Lawyers Rising Stars, 2015-2017

  • New York
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- Southern District of New York
  • U.S. District Court -- Western District of New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit