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Dustin F. Guzior

Partner

Dustin F. Guzior

Partner
New York +1-212-558-4000+1-212-558-4000 +1-212-558-3588+1-212-558-3588
[email protected]
Dustin Guzior is a member of the Firm’s Litigation Group. His practice focuses on antitrust and intellectual property matters, as well as complex commercial disputes in arbitration proceedings and trials. He has represented clients in connection with merger clearance in a range of industries, including agriculture, pharmaceuticals, financial products and services, industrial equipment, energy, semiconductor technology and banking. He also has represented clients in patent infringement, patent licensing, trade secret, and commodities and securities disputes. He has participated in trials before the bench, jury and arbitral panels.

Mr. Guzior’s pro bono service has included helping the ACLU invalidate as unconstitutional Arkansas’ de facto ban on adoption by same-sex couples and helping the ACLU to overturn North Carolina’s ban on marriage for same-sex couples. He also helped secure accommodations for a deaf prison inmate serving a life sentence in a Federal penitentiary.

Recognitions
  • National LGBT Bar Association & Foundation – Named to “Best LGBTQ+ Lawyers Under 40” list (2019)
  • Super Lawyers – New York Metro Rising Star (2019)
  • Global Competition Review – “Matter of the Year” at the 2019 ABA Spring Meeting for work on Bayer/Monsanto
  • Benchmark Litigation – National Impact Award for the $940 million award for BlackBerry against Qualcomm (2019)
Publications
  • “Hold Separate Obligations from the Bayer/Monsanto DOJ Settlement” – The Börsen-Zeitung, 2018
  • “Identifying a Suitable Divestiture Buyer and Related Issues” – Global Competition Review, The Guide to Merger Remedies, 2018
  • “Implicit Bias in Legal Interpretation,” – 1 Journal of Law and Courts 115, 2013 (with Ward Farnsworth and Anup Malani)
Speaking Engagements
  • Speaker, “PTAB,” Fordham Law School’s Intellectual Property Law & Policy Conference (2019)
  • Speaker, “Fundamentals – Antitrust IP,” ABA Antitrust Law Spring Meeting (2019)


SELECTED REPRESENTATIONS

  • BlackBerry Limited in successful pursuit of its $1 billion patent license claim against Qualcomm Incorporated.  The case was tried to an arbitral panel, and Mr. Guzior conducted successful direct and cross-examination of fact and expert witnesses.  The trial victory earned “Litigator of the Week” recognition for lead trial counsel, Garrard Beeney, from American Lawyer.
  • Bayer AG in connection with global antitrust clearance of Bayer’s $66 billion acquisition of Monsanto Company.  The hard-won settlement in the United States, which focused on the intersection of intellectual property and antitrust, was covered on the front page of the Wall Street Journal and heralded as a “landmark” by the Washington Post.  The case won 2019 “Matter of the Year” from Global Competition Review at the 2019 ABA Spring Meeting.
  • LifeCell Corporation in successful pursuit of a temporary restraining order and preliminary injunction in a trade secret theft case brought against a medical device company.  Mr. Guzior successfully obtained an emergency TRO that blocked launch of a competing product, and participated in an evidentiary hearing that resulted in continuation of the TRO as a preliminary injunction.  Mr. Guzior successfully defended the preliminary injunction on interlocutory appeal.*
  • General Cable in connection with global antitrust clearance of the acquisition of General Cable by Prysmian Group. Successfully avoided a Second Request and completed global clearance far ahead of schedule.
  • Bank of New York Mellon in connection with global antitrust clearance of the acquisition of its shareholder services business by Computershare. Successfully completed Second Request.
  • ASML in connect ion with acquisition of Cymer, a vertical merger concerning semiconductor manufacturing equipment. Successfully managed a Second Request.
  • Union Bank in connection with antitrust clearance of its acquisition of Santa Barbara Bank & Trust, which was reviewed by the DOJ and Board of Governors of the Federal Reserved. Successfully persuaded the Board of Governors to redefine a geographic banking market.
  • Intercontinental Exchange in connection with antitrust clearance of its acquisition of the New York Stock Exchange.
  • Cisco Systems and Time Warner Cable in defense of a multi-faced patent dispute with Rockstar, a patent assertion vehicle that was formed to assert certain patents acquired out of bankruptcy from Nortel.  The case involved complex work across several district courts and the bankruptcy court in Delaware, and Mr. Guzior argued several motions in bankruptcy court.  Several early discovery victories led to successful global settlement.*
  • IBM in connection with a trade secret misappropriation claim brought against the company.  Achieved dismissal with prejudice after removing the case to federal district court in Oklahoma.*
  • FXI in connection with a Section 1 price-fixing class action brought in district court against the company.  Mr. Guzior conducted detailed analysis of the case that eventually led to a favorable settlement.
  • Australia New Zealand Banking Group in connection with a securities fraud class action brought against the company.  Achieved dismissal with prejudice, and the plaintiffs’ firm (a prominent securities class action plaintiffs firm) was required to pay the defendant’s attorneys’ fees and costs.

    *Denotes representations undertaken prior to joining S&C.