Stephen J. Kastenberg

Litigation, Commercial Litigation, Antitrust, Higher Education, Life Sciences/Technology, P3/Infrastructure, Securities Litigation, REITs

Stephen J. Kastenberg is a partner in the Litigation Department and a member of the Antitrust, Commercial Litigation, Life Sciences/Technology, REITs, and Securities Litigation Groups. He focuses his practice on complex business litigation with an emphasis on antitrust and corporate governance litigation. Mr. Kastenberg also represents private and public companies in a wide variety of business disputes.

Mr. Kastenberg is a member of Ballard Spahr's Elected Board.

Representative Matters

• Mr. Kastenberg has handled a variety of antitrust litigation. He currently represents a Fortune 100 public company in In Re Sulfuric Acid Antitrust Litigation, a purported class action asserting antitrust claims against manufacturers and sellers of sulfuric acid; represents a major pharmaceutical company in two civil antitrust cases against asserting claims for monopolization and collusive dealing; and represents a large, public company in defending against claims of collusive dealing and price discrimination brought by a former distributor.
• Mr. Kastenberg currently represents a real estate investment fund in defending several putative class actions asserting RICO and related violations arising out of its investments in certain resort development projects.
• In 2008, Mr. Kastenberg represented the Special Litigation Committee of the Board of a public company in connection with its investigation of losses arising from the subprime mortgage crisis.
  
• In 2005, Mr. Kastenberg successfully defended a privately held specialty insurance firm against charges of monopolization and obtained a settlement by which the opposing party paid amounts to settle a counterclaim.
• In 2005, Mr. Kastenberg represented an NYSE-listed public company in litigation related to its efforts to elect an alternate slate of candidates to the board of a second NYSE-listed public company in which his client was the largest minority shareholder, resulting in a settlement including the client's appointment to the board.
• In 2004-2005, Mr. Kastenberg obtained a trial defense verdict on behalf of DuPont on claims brought by a purchaser seeking damages purported to arise from alleged misrepresentations in connection with the divestiture of a business. In 2005, the Delaware Supreme Court affirmed the verdict (DCV Holdings v. ConAgra, Inc. and E. I. du Pont de Nemours and Company, Inc., 2005 Del. Super. Lexis 88 (Aug. 5, 2004); aff’d 889 A.2d 954 (Del. 2005)).  
• Mr. Kastenberg regularly defends NASDAQ OMX Group and its affiliates in litigation. He defended now-affiliate Philadelphia Stock Exchange (PHLX) as lead trial counsel in a series of class actions in the Eastern District of Pennsylvania and the Delaware Chancery Court, obtaining denials of multiple requests for preliminary injunction and obtaining dismissal or summary judgment of five federal court actions, a Pennsylvania state court action, and the favorable settlement of the Delaware action on the eve of trial (e.g., McGowan v. Frucher, 481 F. Supp. 2d 405 (E.D. Pa. 2007); PennMont Securities v. Frucher, 502 F. Supp. 2d 443 (E.D. Pa. 2007); PennMont Securities v. Philadelphia Stock Exchange, Inc., 534 F. Supp. 2d (E.D. Pa. 2008)). The actions challenged a series of strategic transactions entered into by PHLX, as well as various management and board decisions, asserting RICO, securities law, antitrust, and breach of fiduciary duty litigation.
• From 1999 to 2006, Mr. Kastenberg represented the estate of late rap musician Tupac Shakur and its co-administrator in two related defamation lawsuits arising from the lyrics of two songs on a Shakur platinum album, obtaining summary judgment in both cases, and affirmance by the Third Circuit in the one matter proceeding through appeal. 
• Mr. Kastenberg has represented public clients in derivative action litigation brought by stockholders, as well as advised clients in response to derivative action demand letters and other shareholder demands.

Judicial Clerkships

Hon. Bailey Aldrich, U.S. Court of Appeals for the First Circuit, 1992-1993

Professional Activities

American Bar Association, Antitrust Section

New Jersey State Bar Association

Pennsylvania Bar Association

Philadelphia Bar Association

Ballard Spahr's Pro Bono Committee

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, litigation, 2007-2011

The Best Lawyers in America, securities litigation, 2012

AV Peer Review Rating, Martindale-Hubbell

Benchmark Litigation, "local litigation star," commercial litigation and white-collar crime, 2009-2011

Publications

Contributing author, Model Jury Instructions in Civil Antitrust Cases, an American Bar Association publication, 2005 edition

Community Activities

Police Corruption Task Force, past appointee by Philadelphia Mayor Edward Rendell

Board Memberships

New Jersey Scholars Program, President

Lawyers' Committee for Civil Rights, Trustee

Harvard Law School (J.D. 1992, cum laude)
Managing Editor, Harvard Journal on Legislation

Princeton University (A.B. 1988, cum laude)

New Jersey

Pennsylvania

Supreme Court of New Jersey

Supreme Court of Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit