David Reichenberg

Co-Chair, Antitrust

New York

(212) 883-4956

(212) 509-9492

David will be speaking at an upcoming event:

Health Law 2022

Webinar 12/08/2021

Cozen O'Connor’s Health Care & Life Sciences industry team invites you to this year’s Health Law 2022 program.

Event Details 

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 Netflix, Twitter, Arista Networks, and other industry leaders. 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 is also a regular contributor to Forbes and its Leadership Strategy Section for business executives.

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

Momentum Is Building for Antitrust Reform. Here's What That Means for Big Tech

November 15, 2021

In an article published by Time, David Reichenberg discusses how there is danger in writing bills that target a certain industry rather than problematic practices, as it can make the laws unwieldy and hard to apply.

Epic v. Apple Verdict Will Set the Stage for Future Antitrust Battles

October 11, 2021

David Reichenberg was quoted in an article published by Compsmag discussing U.S. District Judge Yvonne Gonzalez Rogers ruling on an antitrust suit brought by Epic Games Inc.

5 Takeaways From Friday's Epic, Apple Ruling

September 10, 2021

David Reichenberg was quoted in an article published by Law360 that discusses Friday's Epic, Apple ruling.

Critics Mount Campaign To Discredit Lina Khan

July 23, 2021

David Reichenberg was quoted in an article published by The Deal which discusses how critics aim to slow the FTC chairman’s momentum by raising doubts about her impartiality, leadership abilities, and commitments to bipartisanship and transparency.

Washington’s Big Tech Lawyer’s Boom Time

July 16, 2021

David Reichenberg was quoted in an article published by Texas News Today that discusses how high-tech companies are also bringing antitrust experts into the company.

U.S. Antitrust Agencies Plan To Take “Hard Look” at Merger Guidelines

July 13, 2021

David Reichenberg was quoted in a Global Competition Review article that discusses how the Federal Trade Commission and Department of Justice have said they intend to jointly review their merger guidelines following President Joe Biden’s signing of an executive order aimed at promoting competition in the U.S. economy.

Boom Times for Lawyers as Washington Pursues Big Tech

June 30, 2021

David Reichenberg was quoted in an article published by The New York Times which discusses reactions to a federal judge's rulings about antitrust cases related to Facebook, as well as the increasing interest in working for tech clients.

Apple to Call Tim Cook to Testify in Case Against ‘Fortnite’ Maker Epic Games

May 18, 2021

David Reichenberg was featured in an article published by the Wall Street Journal, which discusses how Tim Cook is set to take the witness stand to defend Apple Inc. against monopoly claims.

Antitrust Regulators Eye Criminal Enforcement in No-Poach Deals

May 17, 2021

David Reichenberg was quoted in an article published by Bloomberg Law which discusses how federal antitrust regulators are invoking an Obama-era policy to ramp up criminal enforcement of illegal no-poach agreements in employers’ hiring practices.

Day 2 of Apple-Epic trial offers peek into developers’ troubles with App Store

May 05, 2021

David Reichenberg was featured in an article published by MarketWatch discussing Day 2 of the Epic-Apple trial.

DOJ Files First-Ever Criminal No-Poaching Charges

February 04, 2021

David Reichenberg was quoted in an article published by Society for Human Resource Management that discusses how the DOJ filed its first-ever criminal no-poaching charges.

Key Takeaways From The 9th Circ.'s Qualcomm Ruling

August 25, 2020

David Reichenberg was quoted in a Law360 article that discusses key takeaways from the Ninth Circuit's Qualcomm Ruling.

Qualcomm wins reversal of antitrust verdict in long-running battle with the FTC

August 11, 2020

David Reichenberg was quoted in The News & Observer and The San Francisco Chronicle discussing Qualcomm winning its appeal to overturn last year's antitrust verdict in a case brought by the U.S. Federal Trade Commission.

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

Place Your Bet: Who Will Win The Competition For Sports Betting Dollars [Forbes]

November 29, 2021

David Reichenberg contributed an article to Forbes discussing how since a Supreme Court decision in 2018 (Murphy v. NCAA) striking down a federal ban on sports betting, half of US states have legalized sports wagers.

Apple Wins Round 1 Against Epic Games, Or Did It? [Forbes]

October 25, 2021

David Reichenberg contributed an article to Forbes discussing the antitrust case between Epic Games and Apple.

Ready, Set, SPAC: Who Is Winning In This Latest Investment Trend?

September 13, 2021

David Reichenberg contributed an article to Forbes discussing why certain companies have chosen to go public via SPAC, or special purpose acquisition company, as part of the “SPAC-mania” that has taken hold since the pandemic.

President Biden And The Federal Government Want To Know How You’re Competing [Forbes]

July 25, 2021

David Reichenberg contributed an article to Forbes discussing President Biden's Executive Order named the “Whole-of-Government Competition Policy” which is designed to prompt awareness and action relating to how companies compete.

2nd Circuit Appeals Court Upholds Trademark Settlements As Valid Under Antitrust Law [Alert]

June 22, 2021

David Reichenberg discusses the Second Circuit's decision in 1-800 Contacts

The Apple/Epic Games App Store Saga: Who Do You Trust?

June 07, 2021

David Reichenberg contributed an article to Forbes discussing how a trial was conducted in Epic Games’ lawsuit against Apple for removing the Fortnite App from its App Store.

Public Policy May Void No-Poach, Noncompete Restrictions

May 25, 2021

Paul Steinman and David Reichenberg published an article in Bloomberg Law discussing “no-poach/no-hire” agreements between companies.

Winning The Battle For Most Innovative: The Best Approach To Competitive Success

May 03, 2021

David Reichenberg contributed an article to Forbes discussing several approaches you can take to establish a reputation in innovation, including expenditures in R&D, marketing/communications, product development, and legal.

Winning The Talent War: A Can't-Lose Battle For Competitive Success [Forbes]

March 28, 2021

David Reichenberg contributed an article to Forbes discussing how companies have cut corners by entering into “no-poach” or “no solicitation” deals with their competitors to keep their best employees.

Friend Or Foe: The Must-Have Feature Of Winning Collaborations [Forbes]

March 13, 2021

David Reichenberg contributed an article to Forbes discussing how it is critical to think about what competitive options become available to you and your partner as a result of a collaboration.

From Success To Scrutiny: What Big Tech's Journey Can Teach Leaders Seeking An Edge [Forbes]

February 19, 2021

David Reichenberg contributed an article to Forbes discussing how if your company's business dealings do not consistently reflect your company's mission with consumers, it can lead to legal and regulatory scrutiny.

Repeal of McCarran-Ferguson Act — Ramifications for Insurance Clients

January 25, 2021

David Reichenberg, Jonathan Grossman, and Anna Hanke discuss how the Competitive Health Insurance Reform Act will impact health insurance companies, as they are now no longer immune from antitrust scrutiny for activities previously found to be “the business of insurance.”

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement [Alert]

January 13, 2021

David Reichenberg, Stephen Miller, and Casey James discuss the DOJ's indictment charging Surgical Care Affiliates LLC of colluding with two companies not to solicit each other’s senior-level employees.

What Big Tech Can Expect From Biden Antitrust Enforcers

December 01, 2020

David Reichenberg contributed an article to Bloomberg Law discussing government antitrust filings, including the Qualcomm matter and the recently filed Google action, and describes the impact these types of cases have on those who interact with or are dependent upon Big Tech.

Updated Government Guidance on Vertical Mergers [Alert]

July 15, 2020

Thomas Ingalls and David Reichenberg discuss the DOJ and FTC's new Vertical Merger Guidelines setting forth how they intend to analyze mergers between companies at different levels in a distribution chain.

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.

Events & Seminars

Upcoming Events

Health Law 2022

December 08, 2021 - Webinar

Cozen O'Connor’s Health Care & Life Sciences industry team invites you to this year’s Health Law 2022 program.

Past Events

ACC 2020 Virtual Annual Meeting

October 15, 2020 - Webinar

Antitrust Texas Conference

September 24, 2019 - Houston, Texas

Antitrust Trials: Tips and Tricks From Outside Counsel

February 07, 2019 - TELECONFERENCE

Health Law 2019

December 05, 2018 - Philadelphia, PA

ABA's 66th Antitrust Law Spring Meeting

April 11, 2018 - Washington, DC

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