W. Stephen Smith

W. Stephen Smith

Partner

Washington D.C., (202) 887-1514

Education

Northwestern University (B.A., 1978)
Northwestern University (M.B.A., 1979)
University of Chicago Law School (J.D., 1983)

Bar Admissions

District of Columbia

Steve Smith is a co-chair of Morrison & Foerster’s Global Antitrust Law Practice Group. He regularly represents parties before both the Antitrust Division of the Department of Justice and the Federal Trade Commission in merger and other antitrust investigations. Mr. Smith has secured antitrust clearances for more than 200 mergers and acquisitions.

Mr. Smith counsels clients on a wide range of antitrust issues in a variety of industries, including high-technology, life sciences, financial services, communications, and transportation. He represents parties in antitrust litigation at both the trial and the appellate levels, including Cargill, Inc. in Cargill, Inc. v. Monfort of Colorado, Inc., 479 U.S. 104 (1986).

Mr. Smith has represented clients before the United States Courts of Appeals and the Supreme Court of the United States on matters involving issues ranging from arbitration to federal regulation and constitutional law. Mr. Smith represented a group of United States District Court and Court of Appeals judges at trial, on appeal, and before the Supreme Court in a constitutional challenge arising under Article III, Section 1 of the Constitution, United States v. Hatter, 532 U.S. 557 (2001).

Mr. Smith serves on the Advisory Committee of The George Washington University Competition Law Center's Corporate Antitrust Roundtable. He also serves on the Litigation Screening Committee for the American Civil Liberties Union of the National Capital Area and is on the Board of Directors of Morrison & Foerster LLP, as well as the Board of Directors of The Morrison & Foerster Foundation.

Prior to his career as a lawyer, Mr. Smith was an economist at the Federal Reserve Bank of Chicago.

In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
(E.D.N.Y.) Representing a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization, in what is likely the largest private antitrust suit ever brought. (Ongoing)
Pinnacle Entertainment/Ameristar Casinos
Represented Pinnacle Entertainment in its $2.8 billion acquisition of Ameristar Casinos. (2013)
In re ATM Fee Antitrust Litigation
(N.D. Cal.) Represented JPMorgan Chase Bank, N.A. in a putative class action involving ATM interchange fees. On behalf of our client and the joint defense group, won Ninth Circuit affirmance of summary judgment on the ground that the plaintiffs lacked standing to bring their claim under the Supreme Court’s decision in Illinois Brick Co. v. Illinois. (2012)
Intel/ASML
Represented Intel in its $4.1 billion investment and development agreement with ASML. (2012)
Western Digital/Hitachi GST
Represented Hitachi Ltd. in its $4.8 billion sale of Hitachi GST to Western Digital. (2012)
Lam Research/Novellus Systems
Represented Novellus in its $3.3 billion merger with Lam Research. (2012)
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
(E.D.N.Y.) Representing a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization, in what is likely the largest private antitrust suit ever brought. (Ongoing)
Pinnacle Entertainment/Ameristar Casinos
Represented Pinnacle Entertainment in its $2.8 billion acquisition of Ameristar Casinos. (2013)
In re ATM Fee Antitrust Litigation
(N.D. Cal.) Represented JPMorgan Chase Bank, N.A. in a putative class action involving ATM interchange fees. On behalf of our client and the joint defense group, won Ninth Circuit affirmance of summary judgment on the ground that the plaintiffs lacked standing to bring their claim under the Supreme Court’s decision in Illinois Brick Co. v. Illinois. (2012)
Intel/ASML
Represented Intel in its $4.1 billion investment and development agreement with ASML. (2012)
Western Digital/Hitachi GST
Represented Hitachi Ltd. in its $4.8 billion sale of Hitachi GST to Western Digital. (2012)
Lam Research/Novellus Systems
Represented Novellus in its $3.3 billion merger with Lam Research. (2012)

Mr. Smith is recommended as a leading lawyer by Chambers USA 2016, Global Competition Review’s International Who’s Who of Competition Lawyers & Economists 2015, PLC’s Cross-Border Competition Handbook 2012, Legal 500 US 2014 and 2015, Euromoney’s Expert Guides, Best Lawyers 2015 and Super Lawyers 2013. He has also been named to the BTI Client Service All-Star Team for law firms. According to Chambers USA, Mr. Smith has been referred to as one of “the single smartest lawyer in Washington,” “has a strong reputation in merger-related antitrust work” and has been praised for his “ability to coalesce the issue into actionable, practical advice.”

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