Jay N. Fastow

Partner
New York

Jay Fastow leads the firm's Loss Recovery Team. An experienced trial lawyer, he has successfully handled many important antitrust and commercial litigations, including acting as lead counsel for plaintiffs in the ZF Meritor v. Eaton antitrust case, which settled for $500 million.

The Best Lawyers in America has twice recognized Jay as a New York City "Lawyer of the Year," first for 2013 (Litigation - Antitrust) and then for 2020 (Antitrust). Jay also has been named by American Antitrust Institute as a Finalist for its Award for Outstanding Antitrust Litigation Achievement in Private Law Practice, and by Chambers USA as a leading plaintiff antitrust lawyer. He is the author of the chapter on Section 2 of the Sherman Act in Antitrust Adviser, a leading antitrust treatise.

Experience 

Representative Matters

Antitrust and Commercial Litigations

In re Liquid Aluminum Sulfate Antitrust Litigation, D. NJ (Representing multiple municipalities and water utilities as plaintiffs in actions claiming that defendants engaged in anticompetitive conduct in connection with the sale of aluminum sulfate, a water treatment chemical.)

International Cards Co. v. MasterCard International (2d Cir., Nov. 6, 2018) (Successfully represented MasterCard against claims that it had breached the parties' contract by terminating plaintiff's MasterCard membership.)

Eisai, Inc. v. Sanofi-Aventis US, LLC, et al., 821 F. 3d 394 (3d Cir. 2016) (Represented on appeal plaintiff Eisai in this pharmaceutical industry antitrust case after the District Court had granted summary judgment against its claims.)

Professional Highlights

Professional Activities

Author, Chapter on Section 2 of The Sherman Act, Antitrust Advisor

Co-author, The Federal Antitrust Laws, Basri & Kagan, Corporate Legal Developments, Practicing Law in a Corporation, Practicing Law Institute, updated annually

Recognition & Accomplishments

The Legal 500 US, Antitrust - Civil litigation/class action - defense and plaintiff, 2019

The Best Lawyers in America, antitrust litigation, mass tort litigation/class actions - defendants, 2006-2018, 2020, 2021; antitrust law, 2018-2021; commercial litigation, 2021; "Lawyer of the Year," Antitrust Litigation (New York City), 2013 and Antitrust (New York City), 2020

Chambers USA, Antitrust (New York), 2015-2017, 2019-2021; Antitrust: Mainly Plaintiff (New York), 2019-2021; Antitrust: Plaintiff (Nationwide), 2017

Speaking Engagements

"Cutting-Edge Legal Departments: Creating a Loss Recovery Program to Generate Revenue and Preserve Assets," Canadian Corporate Counsel Association, Toronto, ON, February 7, 2019

"Everyday Antitrust Issues: You Don’t Know What You Don’t Know," Ballard Spahr CLE Program, October 12, 2017

"Back to the Future: A CLE Focused on Antitrust Basics, the Evolution of Antitrust Law, and Ethical Pitfalls," Ballard Spahr CLE Program, November 16, 2015

Publications

Co-author, Evolving Standards Under Sherman Act Section 2, ABA Antitrust Section Spring Meeting, February 2013

Credentials 

Education

Yale Law School (J.D. 1977)

Brandeis University (B.A. 1974)

Admissions

New York

U.S. District Courts for the Eastern and Southern Districts of New York

U.S. District Court for the Northern District of California

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Supreme Court