Fine, Kaplan and Black, R.P.C.

Gerard A. Dever

Gerard A. Dever, a member, received his law degree from Temple University School of Law in 2000, where he graduated magna cum laude. He received his undergraduate education at American University from which he graduated cum laude. Prior to joining Fine, Kaplan and Black in January 2002, he was an associate at Pepper Hamilton LLP.

Mr. Dever is listed in Chambers USA Client Guide as one of the top antitrust lawyers in the United States. Chambers has called Mr. Dever "a strong attorney with excellent analytical abilities" and a "well-regarded practitioner." Mr. Dever also has been named a Pennsylvania Super Lawyer by Philadelphia Magazine.

Mr. Dever has represented both plaintiffs and defendants in antitrust matters, including class actions, criminal matters and merger reviews. In addition, Mr. Dever has litigated a variety of other cases in both federal and state court, including contract disputes, legal malpractice matters and consumer class actions.

Mr. Dever served as trial counsel in United States v. Stolt-Nielsen S.A. (E.D. Pa.), a complex criminal matter in which the firm successfully represented an executive charged with criminal antitrust violations. The charges were dismissed after a three-week bench trial.

Mr. Dever also served as a member of the lead counsel team for the plaintiff class and was a member of the trial team in In re Urethane Antitrust Litigation, 2012 WL 6610878 (D. Kan. Dec. 18, 2012). After a four week jury trial, the jury returned a verdict for the plaintiff class in excess of $400,000,000 against The Dow Chemical Company. After post-trial briefing, the Court entered judgment for $1.06 billion after trebling – the largest antitrust judgment in 2013 and the largest price-fixing verdict ever. While on appeal to the Supreme Court of the United States, Plaintiffs reached an agreement to settle the case against Dow for $835 million. Combined with earlier settlements, the total settlements reached in the case are $974 million.

Mr. Dever also has been part of the trial team in cases that settled just before trial. See In re Cathode Ray Tube (CRT) Antitrust Litigation, No. CV-07-5944 (N.D. Cal.) (an indirect purchaser antitrust class action); Gratz College v. Synergis Education, Inc., No. 14-6966 (E.D. Pa.) (a breach of contract case).

Mr. Dever is an active member of the Philadelphia Bar Association and currently serves as Chairman of its Antitrust Law Committee.

Practice Areas

  • Antitrust
  • Class Actions
  • Commercial Litigation

Bar Admissions

  • Pennsylvania, 2000
  • U.S. District Court Eastern District of Pennsylvania, 2001
  • U.S. Court of Appeals Third Circuit, 2002

Education

  • Temple University School of Law, Philadelphia, Pennsylvania, 2000, J.D.
    Honors: magna cum laude
  • American University, 1994, B.A.
    Honors: cum laude

Published Works

  • Co-author of 2007, 2008 and 2009 Editions of Annual Review of Developments in Business and Corporate Litigation, Chapter 2, Antitrust Litigation, published by the American Bar Association's Committee on Business and Corporate Litigation

Representative Cases

  • In re Philips Recalled CPAP, Bi-Level PAP, and Mechanical Ventilator Products Litig., MDL No. 3014 (W.D.Pa)
  • Ryan, et al. v. Temple University, No. 20-CV-02164 (E.D. Pa.) (counsel for Temple University)
  • In re Domestic Air Travel Antitrust Litig., MDL No. 2656 (D.D.C.) (counsel for Southwest Airlines)
  • Smith, et al. v. Temple University, No. 18-CV-590 (E.D. Pa.) (counsel for Temple University)
  • In re Railway Industry Employee No-Poach Antitrust Litig., MDL No. 2850 (W.D. Pa.)
  • In re Wawa, Inc. Data Security Litig.,No. 19-cv-6019 (E.D. Pa.)
  • In re Capacitors Antitrust Litig., 154 F. Supp. 3d 918 (N.D. Cal. 2015)
  • In re Urethane Antitrust Litig., 768 F. 3d 1245 (10th Cir. 2014)
  • In re Cathode Ray Tube (CRT) Antitrust Litig., No. CV-07-5944 (N.D.Cal.)
  • Gratz College v. Synergis Education Inc., No. 14-6966 (E.D. Pa.)
  • United States v. Stolt-Nielson S.A., 524 F. Supp. 2d 586 (E.D. Pa. 2007)
  • Mid-Valley Candy Co. v. Pratt, et al., No. 2002-09346 (Pa. Com. Pl.).
  • Amplifier Research Corp. v. EM Test AG, No 05-5954 (E.D. Pa. 2005)
  • Harleysville Mutual Ins. Co. v. GE Reinsurance Corp., 2002 WL 922148 (E.D. Pa. 2002)
  • Parsky v. First Union Corp., 51 Pa. D&C 4th 468, 2001 WL 535786 (Phila. Com. Pl. 2001)

Classes/Seminars Taught

  • "Recurring Issues Facing Antitrust Lawyers," Pennsylvania Bar Institute, 2004
  • Basics of Antitrust Law, Pennsylvania Bar Institute, 2010
  • Fourth Annual Great Lakes Antitrust Institute, 2012
  • Antitrust Law: Beyond the Basics, Pennsylvania Bar Institute, 2013

Professional Associations and Memberships

  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association, Chairman, Antitrust Law Committee
  • Philadelphia Trial Lawyers Association