Jeffrey I. Shinder

New York Office
T: 212.350.2709
F: 212.350.2701

London
T:+44 (0)20 3668 5600

jshinder@constantinecannon.com jshinder@constantinecannon.co.uk
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Jeffrey I. Shinder is the Managing Partner of Constantine Cannon’s New York office. Mr. Shinder specializes in antitrust counseling and litigation, and has expertise in numerous industries, including payment systems, banking, high technology, energy, airlines, telecommunications, standard setting, health care, pharmaceuticals, sports, retail and utilities. In the payments realm he has represented networks, merchants, technology and engineering firms, and hardware suppliers, providing them litigation and consulting services. Mr. Shinder’s antitrust expertise is widely recognized, as he has acted as Special Counsel to the U.S. Federal Trade Commission, delivered speeches and lectures on antitrust issues for both domestic and international audiences and has worked on numerous high profile antitrust cases.

Mr. Shinder has counseled clients on a vast range of antitrust issues, including antitrust compliance programs, Hart-Scott-Rodino Act reporting requirements and the preparation of Hart-Scott-Rodino filings, pre-merger coordination activities and information exchanges, the negotiation or modification of consent decrees, compliance with Civil Investigative Demands, trade associations, joint ventures, competitor collaborations, distribution practices, structured terminations and retail pricing policies, Robinson-Patman Act issues, and pending investigations and merger reviews conducted by the U.S. Federal Trade Commission and U.S. Department of Justice.

Mr. Shinder served as Special Counsel to the U.S. Federal Trade Commission.  In that role, he worked on designated projects for Commissioner Pamela Jones Harbour.  Mr. Shinder was selected by Law & Politics to the 2007 through 2015 New York Super Lawyers list, and he was listed in The New York Area’s Best Lawyers, 2012 through 2015 Editions, as one of the New York region’s top antitrust attorneys.  He was also named in Who’s Who of Competition Lawyers in 2014 and 2016, and the International Who’s Who in 2014.  In addition, Mr. Shinder was selected for inclusion in the Top Attorneys of North America 2016 Edition of the Who’s Who Directories.  He was listed in The Best Lawyers in America, 2012 through 2016 Editions, as one of America’s top lawyers.  Mr. Shinder was also selected by Who’s Who Legal: Competition 2016 as one of the world’s leading plaintiffs’ competition attorneys.  Mr. Shinder was named “Litigator of the Week” in the May 8, 2014 edition of the American Lawyer for his ethical decision to withdraw from the environmental litigation in Ecuador.

Mr. Shinder’s antitrust litigation experience includes the following high profile matters:

  • In Re Payment Card Interchange Fee Litigation, MDL 1720 – Mr. Shinder is lead counsel representing 60 of the nation’s largest merchants as plaintiffs and a coalition of merchants, which includes Walmart and Amazon.com, that opposed a proposed settlement to the long-running interchange case that was overturned by the Second Circuit Court of Appeals.
  • Regulation II (Debit Card Interchange Fees and Routing) – Mr. Shinder was lead counsel to the Merchants Payments Coalition with respect to the proceedings before the Board of Governors of the U.S. Federal Reserve System concerning the regulation of debit interchange under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
  • In re Visa Check/MasterMoney Antitrust Litigation – Mr. Shinder was a lead attorney representing Wal-Mart, Sears, The Limited, Safeway, Circuit City, the National Retail Federation, the Food Marketing Institute, and the International Mass Retailers Association and a certified class of 4 million merchants, who were challenging Visa and MasterCard’s Honor-All-Cards Rules under the Sherman Act. The case settled on the eve of trial in the largest private antitrust settlement in U.S. history. Mr. Shinder was the lead attorney responsible for overseeing the distribution of the multibillion dollar settlement fund created for the merchant class.
  • Discover v. Visa/MasterCard – Mr. Shinder was co-lead counsel in Discover Financial Services LLC’s successful multibillion dollar damages lawsuit against Visa and MasterCard. The case settled on the eve of trial for $2.75 billion, the third largest reported antitrust settlement in U.S. history.
  • Coalition of Immokele Workers v. Del Monte Fresh Production, Inc. – Mr. Shinder was lead counsel for the Coalition of Immokele Workers and the Fair Foods Standards Council, human rights organizations dedicated to improving the working conditions of farm workers in the United States, against a breach of contract claim brought by Del Monte Fresh Productions, Inc.  Mr. Shinder represented the organizations in the lawsuit defending the integrity of the fair food program – which has improved conditions for tens of thousands of farm workers in Florida.  The lawsuit was successfully resolved with the Fair Food Program intact.
  • Insurance Coverage Litigation concerning American Airlines v. Sabre – Mr. Shinder was retained as a testifying expert on antitrust law and antitrust litigation in an insurance coverage claim concerning the American Airlines v. Sabre federal and state court litigation.
  • FTC v. Rambus – Mr. Shinder was appointed as a Special Counsel for the Federal Trade Commission in this landmark standard-setting case.
  • In re Transpacific Passenger Air Transportation Antitrust Litigation – Mr. Shinder represented ANA, a Japanese airline, in its defense of a consumer class action that accused ANA, and other international airlines, of price fixing.
  • United States v. Primestar – Mr. Shinder represented The News Corporation in the Department of Justice’s suit to block the sale of certain direct broadcast satellite assets to a consortium of cable companies.
  • Liberty Cable v. Time Warner – Mr. Shinder represented Liberty Cable, a cable overbuilder in New York City, in its monopolization suit against Time Warner Cable of New York.
  • Diskin v. Daily Racing Form – Mr. Shinder represented K-III Communications Co. Inc. (now Primedia, Inc.) in its successful defense of an antitrust suit concerning the merger of two past-performance publications in the thoroughbred horse racing industry.

Mr. Shinder has written and lectured extensively on various antitrust issues. Mr. Shinder was a contributing author to the Fourth Edition of The Antitrust Advisor, a major antitrust hornbook, published by McGraw-Hill, Inc. He also drafts the annual update of the state antitrust law section of Legal Aspects of Selling and Buying, a leading antitrust treatise.  The chapter he updates was cited in the Supreme Court’s Oneok, Inc. v. Learjet, Inc. opinion.  He has lectured on antitrust issues related to e-commerce focusing on the Microsoft lawsuit and the antitrust issues raised by business-to-business (“B2B”) joint ventures. He has also lectured on the interface between antitrust law and intellectual property and has lectured for the International School of Management on comparative U.S/E.U. Antitrust law, focusing on merger enforcement.

Mr. Shinder has published the following articles on antitrust issues:

  • NCAA’s Loss In O’Bannon Trial May Be Only A Partial Victory For Competition (with David Scupp), Antitrust Today, August 13, 2014.
  • The Department of Justice’s Last Stand in the Airline Industry – Did It Blink? (with Jean Kim), Roll Call, December 2, 2013.
  • Visa, Returning to Old Ways, Squelches Competition in Debit (with Matthew Cantor), American Banker, June 26, 2012.
  • Latest Anti-Durbin Argument is Desperate and Absurd, American Banker, June 20, 2011.
  • Will Apple iCloud Bring An Antitrust Litigation Storm? (with Ankur Kapoor), Forbes.com, June 10, 2011.
  • The Google-Apple Antitrust Dilemma (with Evan P. Schultz), Forbes.com, July 1, 2010.
  • Antitrust meets the mobile world (with Evan Schultz), Fortune at CNNMoney.com, May 26, 2010.
  • Feedback: Interchange Amendments is Pro-, Not Anti-Consumer (with Matthew Cantor), American Banker, May 24, 2010.
  • Hospitality Merchants at Legal Crossroads (with Matthew L. Cantor and Adam Nyhan), Lodging Hospitality, May 10, 2010.
  • Safeguard your standards, Managing Intellectual Property, May, 2010.
  • In praise of class actions, National Law Journal, April 5, 2010.
  • Court Gives Dominant Firms More Flexibility on Pricing (with Ankur Kapoor), New York Law Journal, May 5, 2009.
  • VIEWPOINT: Interchange Facing an Unsteady Future, American Banker, April 8, 2009.
  • Slow Death Of Section 2 Of The Sherman Act, Competition Law360, March 9, 2009.
  • Taking Long-Term Antitrust Potential Seriously, American Banker, November 26, 2008.
  • The Return Of Section 5 Of The FTC Act? (with Taline Sahakian), Competition Law360, IP Law360 and Technology Law360, March 13, 2008.
  • VIEWPOINT: The FTC’s Quixotic Pursuit of the Whole Foods/Wild Oats Merger, published by www.globalcompetitionpolicy.org, November 7, 2007.
  • In Re Visa Check/MasterMoney Antitrust Litigation: A Study of Market Failure in a Two-Sided Market, Columbia Business Law Review 2005.
  • When Market Definition Trumps Competitive Effects Analysis: First Data/ Concord Versus In Re Visa Check, Antitrust Magazine, Fall 2004.
  • Rigging the System? Permitting Anticompetitive Settlements, The Health Lawyer, June, 2004.
  • The Great Canadian Debit Debate, Credit Card Management, May, 2004.
  • Wal-Mart Decision Illustrates Merchants’ New Debit Power, American Banker, February 6, 2004.
  • A Real Battle With RealNetworks, the Microsoft Settlement Fails Its First Test, New York Law Journal, January 20, 2004.
  • Consolidation Raises Antitrust Issues, Multichannel News, June 17, 2002.
  • Restoring The Balance Between Intellectual Property Rights and The Antitrust Laws – The Xerox Case And Its Aftermath, Mealey’s Litigation Report: Intellectual Property, May 6, 2002.
  • Hammering It Out, Los Angeles Daily Journal, February 22, 2002.
  • The Microsoft Settlement, Another Better Course, National Law Journal, January 7, 2002.
  • Smart Antitrust Compliance Programs, Corporate Board, January/February 2002.
  • Merger Hindsight, Los Angeles Daily Journal, November 28, 2001.
  • Time-of-Suit Challenges to Mergers and the New Hart-Scott Rodino Act Reporting Requirements, Altman Weil’s In-house Practice & Management Journal, August 2001.
  • United and American Airlines’ Restructuring Of the Airline Industry: Will the Bush Administration Act?, Andrews Antitrust Litigation Reporter, June 2001.

Mr. Shinder was quoted in the following articles:

  • New claims coming in swipe fee litigation, merchants say, by Richard Vanderford, MLex Market Insight, August 11, 2016.
  • Socialists Use American Environmentalists To Shake Down US Companies, by Kevin Glass, the Federalist, August 10, 2016.
  • Second Circuit rules for Chevron, agrees $9.5 billion judgment against oil giant was product of fraud, racketeering, by Jessica Karmasek, Legal News Line, August 9, 2016.
  • Circuit Upsets $7.5B Pact Between Merchants, Credit Cards, by Mark Hamblett, New York Law Journal, July 1, 2016.
  • Visa, MasterCard $5.7B Antitrust Class Deal Nixed, by Perry Cooper, Bloomberg, June 30, 2016.
  • Nixed $7B Visa, MasterCard Antitrust Deal Nixed By 2nd Circ., by Jeff Zalesin, Law360, June 30, 2016.
  • MasterCard And Visa vs U.S. Retailers: Antitrust Settlement Thrown Out, by Bradleigh Ann Walker, Inquisitr, June 30, 2016.
  • Appeals Court Nixes $7.25B Credit Card Swipe Fee Settlement, by Larry Neumeister, AP, June 30, 2016.
  • Visa, MasterCard Drop as Appeal Upends $5.7 Billion Accord, by Christie Smythe, Jennifer Surane, Bob Van Voris, Bloomberg, June 30, 2016.
  • Battle Over Cards Heats Up as Court Rejects Visa, MasterCard Deal With Retailers, by Robin Sidel, Wall Street Journal, June 30, 2016.
  • Visa, MasterCard $7.25 billion settlement with retailers is thrown out, by Jonathan Stempel, Reuters, June 30, 2016.
  • AmEx Ruling Prompts Questions On $7B Interchange Fee Deal, by Melissa Lipman, Law360, Aug. 5, 2015.
  • Counsel’s ‘Egregious’ Conduct Upsets Credit Card Settlement, by Christine Simmons, New York Law Journal, Aug. 5, 2015.
  • AmEx Judge Rejects Merchant Settlement Over Card Fee Rules, by Christie Smythe, BloombergBuisness, Aug. 4, 2015.
  • Judge Rejects Proposed Settlement Between AmEx and Merchants, by Robin Sidel, Wall Street Journal, Aug. 4, 2015.
  • Judge Rejects Settlement in American Express Case, by Rachel Abrams, New York Times, Aug. 4, 2015.
  • AmEx loses card case, which could mean deals for shoppers, by Ben Popken, Today, May 1, 2015.
  • DOJ Downplays Retailers’ Concerns With AmEx Steering Fixes, Law360, April 20, 2015.
  • According to a ruling by a Federal judge the American Express Co. violated the United Sates anti-trust law, MicroCap Observer, February 20, 2015.
  • Judge rules against American Express in antitrust case, by Daphne Howland, RetailDIVE, February 20, 2015.
  • American Express Policies Harm Merchants and Competition, Court Rules, by Evan Roberts, Capital OTC, February 20, 2015.
  • Federal Court Finds American Express Guilty in Antitrust Lawsuit, by Clarence Martin, Highlight Press, February 20, 2015.
  • AmEx Shows Small Market Shares Carry Antitrust Risks, by Melissa Lipman, Law360, February 19, 2015.
  • American Express Violated Antitrust Laws, U.S. Judge Rules, by Hilary Stout, New York Times, February 19, 2015.
  • AUO seeks simultaneous LCD follow-on trials, by Pallavi Guniganti, Global Competition Review, January 7, 2015.
  • Law Firms See Dollar Signs in Mobile Payments Scrum, by Patience Haggin, Recorder, October 31, 2014.
  • More Recruits Join Interchange Battle, by Missy Baxter, Credit Union Times, October 3, 2014.
  • Durbin Joins Wal-Mart, 7-Eleven in Interchange Battle, by Missy Baxter, Credit Union Times, September 26, 2014.
  • Wal-Mart, 7-Eleven Back Supreme Court Swipe Fee Challenge, by Jonathan Randles,Law360, September 24, 2014.
  • American Express deal with merchants raises ‘concern’ for judge, by Richard Vanderford,MLex, September 17, 2014.
  • NCAA’s Strongest Argument Might Be Cap Limit, by Michael Marot, abcNEWS, August 18, 2014.
  • NCAA tries to make its case in post-Ed O’Bannon trial brief , by Jon Solomon, CBSSports, July 8, 2014.
  • High Court Libor Case May Mean Headaches For Defense Bar, by Melissa Lipman, Law360, July 1, 2014.
  • Sterling’s $1B Antitrust Suit Against NBA Won’t Fly, by Karlee Weinmann, Law360, June 2, 2014.
  • Donald Sterling ‘tyrannical’ in court, NBA will learn, by Jeff Zillgitt, USA Today, April 30, 2014.
  • Are ugly comments enough to remove a business owner?, by Harry Bruinius, Christain Science Monitor, April 30, 2014.
  • US Airways-American Airlines deal may mean higher prices: experts, by Karen Jacobs and Diane Bartz, Reuters, November 13, 2013.
  • Big Airline Merger Is Cleared to Fly, by Jack Nicas, Wall Street Journal, November 12, 2013.
  • Merger of American Airlines and US Airways cleared for takeoff, by Hugo Martin, LA Times, November 12, 2013.
  • Surcharge decision bolsters $7.2 billion credit card pact, by Andrew Longstreth, Reuters, October, 2013.
  • What Does the Swipe-Fee Rule Rejection Really Mean?, by Angela Hanson, Convenience Store News, August 1, 2013.
  • Visa, MasterCard domination of debit-card market could end with court decision, by Neil Roland, MLex Market Intelligence, August 1, 2013.
  • Judge: Fed ‘Inappropriately’ Inflated Debit Card Fees, by Zoe Tillman, AmLaw Litigation Daily, July 31, 2013.
  • Will `Swipe Fees’ Move To Checking Accounts After Court Win For Merchants?, by Daniel Fisher, Forbes, July 31, 2013.
  • Swipe-Fee Rule Rejection to Help Merchants at Banks’ Cost by Tom Schoenberg, Bloomberg online, July 31, 2013.
  • Attorneys Move to Block Merchant Websites Against Swipe-Fee Deal, Convenience Store News, April 2, 2013.
  • Merchants Plan to Appeal Judge’s Preliminary Approval of Swipe-Fee Settlement, Dow Jones Newswires, November 27, 2012.
  • Card Fee “Settlement” Just Start of Big Legal Battle, Reuters, October 14, 2012.
  • Attorneys Tussle Over Merchant Swipe-Fee Settlement, WSJ.com, August 23, 2012.
  • Retail Group Opposes $7B Visa, MasterCard Antitrust Deal, Competition Law360, August 22, 2012.
  • Wal-Mart asks retailers to reject swipe fee deal, CNNMoney.com, July 24, 2012.
  • Wal-Mart Balks At $7 Billion Visa/MasterCard Settlement, Forbes, July 24, 2012.
  • Card Swipe Settlement: Merchants Question Benefit, ABCNews.com, July 18, 2012.
  • ‘We Won’ vs. ‘You Lost’: Reactions to Credit Card Settlement, American Banker, July 16, 2012.
  • Visa Settlement “Fundamentally Flawed,” Lawyer For Convenience Stores Says, Forbes, July 16, 2012.
  • Merchant Group Rejects $6 Billion Swipe-Fee Deal, American Banker, July 16, 2012.
  • Card Pact’s Foes Arm for Battle, Wall Street Journal, July 15, 2012.
  • Wall Street Investors in Dark on Liability of Libor Probes, Bloomberg News, July 5, 2012.
  • Banks Ask NY Judge to Throw Out Libor Antitrust Suits, Bloomberg News, July 3, 2012.
  • Fed may loosen debit-card swipe-fee rules, MarketWatch, June 28, 2011.
  • Mentioned in the article How Wal-Mart Trumped JPMorgan on Debit Cards, Bloomberg, June 28, 2011.
  • Pro-bank swipe-fee measure fails in Senate, MarketWatch, June 8, 2011.
  • Microsoft antitrust decree ends, Google eyed, OrlandoSentinel.com, May 12, 2011.
  • Retailers Might Save Millions From Financial-Overhaul Bill, Apparel News, July 23, 2010.
  • As An ACH Operator, Fed May Have Conflict Setting Debit Rates, PaymentsSource.com, July 1, 2010.
  • INSIGHT-Small banks fight card fee limits despite exemption, Reuters.com, June 15, 2010.
  • Quoted in Computerworld, CNET News.com and ABH News concerning a possible federal investigation into Apple’s practices, June 14, 2010.
  • Apple’s changes won’t mollify trust-busters, Reuters, June 11, 2010.
  • How Much is Adobe’s Flash Really Worth, MarketWatch, June 4, 2010.
  • FTC clears Google purchase of mobile ad service, The Associated Press, May 24, 2010.
  • Google $750 Million Purchase of AdMob Cleared by U.S., Bloomberg.com, May 21, 2010.
  • Google gets U.S. antitrust OK on AdMob buy, Financial Post.com, May 21, 2010.
  • Google wins clearance to buy mobile-advertising firm, MarketWatch, May 21, 2010.
  • Google get U.S. antitrust OK on AdMob buy, Reuters.com, May 21, 2010.
  • U.S. Approves Google’s Deal for AdMob, New York Times, May 21, 2010.
  • FTC clears Google’s AdMob deal, Seattle Post Intelligencer, May 21, 2010.
  • Google wins clearance to buy AdMob, Investor’s Business Daily, May 21, 2010.
  • FTC OK’s Google’s AdMob Purchase, Red Orbit, May 22, 2010.
  • Google gets US anti-trust OK on AdMob buy, Business Standard, May 22, 2010.
  • FTC clears Google’s AdMob deal, San Francisco Chronicle, May 24, 2010.
  • 1-US senator revives credit card fee reform, Reuters.com, May 5, 2010.
  • Visa rattles payments with CyberSource acquisition, The Green Sheet, April 23, 2010.
  • C-stores Face Legal Crossroads in Interchange Lawsuit, Convenience Store News, April 22, 2010.

His speeches and presentations include the following:

  • Podcast – Career in antitrust law and tips for new lawyers, Career Development Office of NYU Law School’s LLM Program, August 6, 2015
  • Interchange Fee Discussion:  For merchants – exploring traditional card schemes vs. new players, panel speaker at PayExpo 2015, London, England, June 9, 2015.
  • Competitive Issues Surrounding Disruptive Technologies – Emerging Concerns, Lessons from History, and Enforcement, panel speaker at 2015 Annual Energy Roundtable, American Antitrust Institute, Washington, D.C., May 27, 2015.
  • Emerging Technologies and the Future of Payments, Retail Industry Leaders Association annual conference, San Antonio, Texas, October 16, 2014.
  • The MasterCard ECJ Judgment: What does it mean for the litigation and regulatory challenges facing payment cards?, Constantine Cannon workshop with Richard Pike and James Ashe-Taylor, London, England, October 9, 2014, and Brussels, Belgium, October 13, 2014.
  • Antitrust Litigation: Bridging the Divide, briefing with James Ashe-Taylor, Constantine Cannon, London, England, July 16, 2014.
  • Trade Associations 2.0: New Collaboration Models, Old Risks?, panel speaker at 2014 Annual ABA Spring Meeting, JW Marriott Hotel, Washington, D.C., March 26, 2014.
  • Important Update on Interchange Lawsuit, presented to MAG Webinar, July 24, 2012.
  • Legal Update on Card Acceptance, presented with Steve Cannon as part of Merchant Advisory Group Webinar, April 11, 2012.
  • Legal Update on Card Acceptance presented to MAG Webinar, April 5, 2012.
  • Legislative Session, speaker at ATMIA Conference 2012, San Antonio, Texas, February 29-March 2, 2012.
  • Legal and Regulatory Issues Facing the ATM Industry, presented at The Power of ATMs, ATMIA US Conference, 2012 in San Antonio, Texas, March 1, 2012.
  • The Merchant Perspective, moderator of panel at ATM, Debit and Prepaid Forum, Las Vegas, Nevada, November 4, 2011.
  • Antitrust is Now More Important than Ever, presented at NYU Afternoon Speaker Series, New York, New York, October 20, 2011.
  • Legal/Regulatory Developments & the Debit Market presented to International Payments Forum, May 19, 2011.
  • Morgan Stanley 2011 IT Services Summit, panel speaker, Palace Hotel, New York, New York, May 4, 2011.
  • Legal/Regulatory Issues and Electronic Payments, presented to Merchant Acquirers’ Committee 2011 Conference, MGM Grand Hotel, Las Vegas, Nevada, April 12, 2011.
  • Standards for Class Certification in the United States, presented to Canadian Bar Association 2010 Annual Fall Competition Law Conference, Ottawa, September 30, 2010.
  • Interchange and Other Reforms: Who Will Have an Impact?, panel speaker at Morgan Stanley 2010 Payments Summit, Westin in Times Square, New York, New York, May 5, 2010.
  • Intellectual Property and Antitrust – Current Conflicts and Future Trends, presented to Cleveland Intellectual Property Lawyers’ Association (CIPLA), Cleveland, Ohio, January 14, 2010.
  • The Continuing Challenge Posed by Visa and MasterCard, presented to The National Retail Federation’s General Counsel Forum, New York, New York, January 13, 2010.
  • Intellectual Property and Antitrust: Current Conflicts and Future Trends, panel speaker at LES USA and Canada 2009 Annual Meeting, San Francisco, California, October 18-21, 2009.
  • Risky Business: How the Electronic Information Explosion Is Revolutionizing Discovery, panel speaker at H5 Technologies breakfast meeting, Harvard Club, New York, New York, July 23, 2008.
  • The Antitrust Treatment of Joint Ventures: Lessons from Visa and MasterCard, presented to The Antitrust Aspects of Bank Mergers Symposium, Fordham Law School, New York, New York, November 13, 2007.
  • Bell Atlantic Corp. v. Twombly: A Discussion of the Potential Impact that the Supreme Court’s Recent Decision will have on Antitrust Cases and Beyond, panel speaker at ABA-CLE Teleconference, July 11, 2007.
  • Beyond Trinko and Twombly: The Role of Private Consumer Actions in Detecting and Providing Remedies for Antitrust Violations, presented to American Bar Association Section of Antitrust Law 2007 Spring Meeting, Washington, D.C., April 18, 2007.
  • Recent Developments in International Antitrust Law & Practice, presented to American Bar Association Section of Litigation Annual Conference, Washington, D.C., April 13, 2007.
  • In Re Visa Check Distribution, presented to Airline Transport Association, September 27, 2005.
  • The Future of Debit Interchange, presented to ATM & Debit Forum 2005, September 26, 2005.
  • The Future of Visa and MasterCard, presented to Lafferty Payments Conference, London, England, May 11, 2005.
  • The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard, presented to the American Bar Association Business Law Section, August 8, 2004.
  • Trademark and Antitrust Law, presented to Practicing Law Institute, Advanced Seminar on Trademark Law, May 19, 2004.
  • The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard, presented to Thomson Card Forum, May 6, 2004.
  • The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard, presented to Pulse EFT Board of Directors, April 6, 2004.
  • Antitrust and Copyright Law, presented to Random House, March 23, 2004.
  • In Re Visa Check/MasterMoney Antitrust Litigation What it Means for the Future of Debit, presented to Electronic Funds Transfer Association, October 1, 2003.

Mr. Shinder graduated from Osgoode Hall Law School in Toronto, Canada, in 1991, and received a Masters of Law in Trade Regulation, focusing on antitrust and international trade law, from New York University School of Law in 1994.

Prior to joining Constantine Cannon, Mr. Shinder was associated, as an articling student and summer associate, with the Toronto office of Goodman and Goodman. Mr. Shinder is a member of the bars of the State of New York and the Province of Ontario. Mr. Shinder belongs to the American and New York State Bar Associations, the antitrust section of the American Bar Association, the Internet Sub-Committee of the ABA antitrust section, and the Canadian Bar Association. Mr. Shinder was a member of the Antitrust and Trade Regulation Committee of the Bar Association of the City of New York.

 

Practice Groups

Admissions

  • New York, Ontario
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of N.Y.
  • U.S. District Court for the Southern District of N.Y.

Publications

NCAA's Loss In O'Bannon Trial May Be Only A Partial Victory For Competition Antitrust Today (with David Scupp) (August 13, 2014)


The Department of Justice's Last Stand in the Airline Industry - Did It Blink? Roll Call (with Jean Kim) (December 2, 2013)
Visa, Returning to Old Ways, Squelches Competition in Debit American Banker (with Matthew Cantor) (June 26, 2012)
Latest Anti-Durbin Argument is Desperate and Absurd American Banker (June 20, 2011)
Will Apple iCloud Bring An Antitrust Litigation Storm? Forbes.com (with Ankur Kapoor) (June 10, 2011)
The Google-Apple Antitrust Dilemma Forbes.com (with Evan P. Schultz) (July 1, 2010)
Antitrust meets the mobile world Fortune at CNNMoney.com (with Evan Schultz) (May 26, 2010)
Feedback: Interchange Amendments is Pro-, Not Anti-Consumer American Banker (with Matthew Cantor) (May 24, 2010)
Hospitality Merchants at Legal Crossroads Lodging Hospitality (with Matthew L. Cantor and Adam Nyhan) (May 10, 2010)
Safeguard your standards Managing Intellectual Property (May 2010)
In praise of class actions National Law Journal (April 5, 2010)
Court Gives Dominant Firms More Flexibility on Pricing New York Law Journal (with Ankur Kapoor) (May 5, 2009)
VIEWPOINT: Interchange Facing an Unsteady Future American Banker (April 2009)
Slow Death of Section 2 of the Sherman Act Competition Law 360 (March 10, 2009)
Taking Long-Term Antitrust Potential Seriously American Banker (November 26, 2008)
The Return Of Section 5 Of The FTC Act? Competition Law360 (with Taline Sahakian) (March 13, 2008)
VIEWPOINT: The FTC's Quixotic Pursuit of the Whole Foods/Wild Oats Merger eSapience Center for Competition Policy ("eCCP") (Nov. 2007)
download PDF

In Re Visa Check/Mastermoney Antitrust Litigation: A Study of Market Failure in a Two-Sided Market 2005 Colum. Bus. L. Rev. 599 (2005) Lloyd Constantine, Jeffery I. Shinder, and Kerin E. Coughlin
download PDF

When Market Definition Trumps Competitive Effects Analysis: First Data/Concord versus In Re Visa Check Antitrust Antitrust (Fall 2004) download PDF
Rigging the System? Permitting Anticompetitive Settlements The Health Lawyer (with Matthew Cantor) (June 2004) download PDF
The Great Canadian Debit Debate Credit Card Management (May 2004) download PDF
Wal-Mart Decision Illustrates Merchants' New Debit Power American Banker (February 6, 2004) download PDF
A Real Battle - With RealNetworks, the Microsoft Settlement Fails Its First Test The New York Law Journal (January 20, 2004) download PDF
Bush's First Test In Antitrust: The United/US Airways Merger Publication, (Date) download PDF
Consolidation Raises Antitrust Issues Multichannel News (with Matthew Cantor) (June 17, 2002) download PDF
Restoring The Balance Between Intellectual Property Rights and The Antitrust Laws - The Xerox Case And Its Aftermath Mealey's Litigation Report: Intellectual Property (May 6, 2002) download PDF
Hammering It Out Los Angeles Daily Journal (February 22, 2002) download PDF
Smart Antitrust Compliance Programs The Corporate Board (January/February 2002), pg 7 download PDF
The Microsoft Settlement, Another Better Course The National Law Journal (January 7, 2002) download PDF
Merger Hindsight - Time-of-Suit Doctrine Is Making a Comeback Los Angeles Daily Journal (Wednesday, November 28, 2001), pg 7 download PDF
Time-of-Suit Challenges to Mergers and the New Hart-Scott-Rodino Act Reporting Requirements (August 2001) download PDF
United and American Airlines' Restructuring of the Airline Industry: Will the Bush Administration Act? Andrews, Antitrust, (June 2001) download PDF

SPEECHES

August 6, 2015 Podcast -- He was interviewed by the Career Development Office of NYU Law School’s LLM Program regarding his career in antitrust law and tips for new lawyers interested in antitrust careers. download podcast
June 9, 2015 He was a speaker on the panel, Interchange Fee Discussion: For merchants – exploring traditional card schemes vs. new players, PayExpo 2015, London, England.
May 27, 2015 He was a speaker on the panel, Competitive Issues Surrounding Disruptive Technologies – Emerging Concerns, Lessons from History, and Enforcement, 2015 Annual Energy Roundtable, American Antitrust Institute, Washington, D.C.
October 9, 13, 2014 He presented the webinar "The MasterCard ECJ Judgment: What does it mean for the litigation and regulatory challenges facing payment cards?" (with Richard Pike and James Ashe-Taylor), London, England, and Brussels, Belgium.
July 16, 2014 He presented Antitrust Litigation: Bridging the Divide (with James Ashe-Taylor) at the offices of Constantine Cannon, London, England.
March 26, 2014 He was a speaker on the panel "New Collaboration Models, Old Risks?" at the 2014 Annual ABA Spring Meeting, JW Marriott Hotel, Washington, D.C.
July 24, 2012 He presented the MAG Webinar "Important Update on Interchange Lawsuit."
April 11, 2012 He presented the MAG Webinar "Legal Update on Card Acceptance" (with Steve Cannon).
April 5, 2012 He presented the MAG Webinar "Legal Update on Card Acceptance." February-March 2012
He was a speaker for the Legislative Session at ATMIA Conference 2012 in San Antonio, Texas.

May 19, 2011 He presented the webinar "Legal/Regulatory Developments & the Debit Market" for the International Payments Forum.
April 4, 2011 He was a speaker on the panel at the 2011 Morgan Stanley IT Services Summit at the Palace Hotel in New York.
April 12, 2011 He presented "Legal/Regulatory Issues and Electronic Payments" at the Merchant Acquirers' Committee 2011 Conference at the MGM Grand Hotel in Las Vegas, Nevada.
September 30, 2010 "Standards for Class Certification in the United States"presented at the Canadian Bar Association 2010 Annual Fall Competition Law Conference in Ottawa.
May 5, 2010 He was a speaker on the panel "Interchange and Other Reforms: Who Will Have an Impact?" at the Morgan Stanley 2010 Payments Summit at the Westin in Times Square, NY.
January 14, 2009 He presented "Intellectual Property and Antitrust - Current Conflicts and Future Trends" to the Cleveland Intellectual Property Lawyers' Association (CIPLA) in Cleveland, Ohio.
January 13, 2010 "The Continuing Challenge Posed by Visa and MasterCard," presented to The National Retail Federation's General Counsel Forum in New York.
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October 19, 2009 Intellectual Property and Antitrust: Current Conflicts and Future Trends, presented at the 2009 Annual Meeting of the Licensing Executives.
July 23, 2008 Risky Business: How the Electronic Information Explosion Is Revolutionizing Discovery, presented at a seminar hosted by H5 Technologies, Inc.
July 11, 2007 Bell Atlantic Corp. v. Twombly: A Discussion of the Potential Impact that the Supreme Court's Recent Decision will have on Antitrust Cases and Beyond, participated as a panel member for the ABA-CLE Teleconference.
April 18, 2007 Beyond Trinko and Twombly: The Role of Private Consumer Actions in Detecting and Providing Remedies for Antitrust Violations presented during the American Bar Association Section of Antitrust Law 2007 Spring Meeting.
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April 13, 2007 Recent Developments in International Antitrust Law & Practice presented during the American Bar Association Section of Litigation Annual Conference.
September 27, 2005 In Re Visa Check distribution, presented to Airline Transport Association.

September 26, 2005 The Future of Debit Interchange presented to ATM & Debit Forum 2005.
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May 11, 2005 "The Future of Visa and MasterCard" presented to Lafferty International Cards & Payments Council.
August 8, 2004 "The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard" presented to the American Bar Association Business Law Section.
May 19, 2004 "Trademark and Antitrust Law" presented to the Practicing Law Institute, Advanced Seminar on Trademark Law.
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May 6, 2004 "The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard" presented to Thomson Card Forum.
April 6, 2004 "The Future of Debit in the Aftermath of the Merchant Litigation Against Visa and MasterCard" presented to the Pulse EFT Board of Directors.
March 23, 2004 "Antitrust and Copyright Law" presented to Random House.
October 1, 2003 "In Re Visa Check/MasterMoney Antitrust Litigation What it Means for the Future of Debit," presented to the Electronic Funds Transfer Association.
August 2001 Merger Review in the United States and the European Union
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Overview of Antitrust-Intellectual Property Intersect
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