Adam Nyhan represents plaintiffs and defendants in antitrust and commercial litigation. He has litigated cases involving claims of monopolization, price-fixing, group boycotts and breach of contract in the electronic payment systems, insurance, financial services and real estate brokerage industries.

Cases litigated by Mr. Nyhan include:

• Discover Financial Services, DFS Services, LLC, and Discover Bank v. Visa USA et al. (No. 04-CV-7844) (S.D.N.Y.) - represents Discover in its lawsuit against MasterCard and Visa for damages stemming from their rules barring banks from issuing Discover-branded cards.
• Defending a real estate brokerage firm and its principals against a breach of contract action.
• Funeral Consumers Alliance Inc., et al. v. Service Corporation International et al. (No. 4:05-CV-03394) (S.D. Tex.) - represents plaintiffs in a consumer class action against funeral homes and a casket manufacturer for anticompetitive conduct that artificially increased the costs of caskets to bereaved families.
• Represented a merchant in an arbitration against a major payment card processor for breach of contract.

His experience also includes government relations, white collar defense, employment termination matters, corporate compliance, contract negotiation and antitrust counseling.

Mr. Nyhan is a 2004 graduate of The George Washington University Law School and a 1998 graduate of Macalester College. In law school, he was a member of The George Washington International Law Review and the Moot Court Board. He interned in the U.S. Justice Department's Office of Special Investigations and at Human Rights Watch.

His government experience includes three years as a legislative aide to United States Representative William Luther and positions with Minnesota Attorney General Hubert H. Humphrey III and a Minnesota State Senator. He speaks French and Spanish.

Mr. Nyhan is a member of the American Bar Association and the New York State Bar Association. He was a Co-Editor of the American Bar Association’s Unilateral Conduct Committee E-bulletin, a monthly update on monopolization law and policy from October 2005 to December 2007. He is a contributing drafter of the ABA’s 2007 Annual Review of Antitrust Law Developments (forthcoming 2008).

Admissions:
New York
United States District Court for the Southern District of New York