Jenner & Block

Dan Fenske is a litigator, with a focus on antitrust cases.  Mr. Fenske has been involved in some of the country’s most important antitrust matters.  In recent years, he has represented a global company in an investigation by the Antitrust Division and in follow-on civil litigation, as well as a major telecommunications company in a significant monopolization suit.  Mr. Fenske also has substantial experience with class action and regulatory issues outside the antitrust context, and with general complex commercial litigation.

Among other matters, Mr. Fenske:
  • Represented a large international company in a criminal antitrust investigation before the United States Department of Justice, successfully obtaining “second in” leniency.
  • Represented an individual in a criminal DOJ antitrust investigation, successfully persuading DOJ not to bring charges.
  • Currently represents a defendant in a significant monopolization case in the telecommunication industry.
  • Currently represents a large international company in the largest antitrust class action multi-district litigation in U.S. history, involving dozens of individual cases.
  • Represented a hospital in successfully persuading the trial court to dismiss a proposed class action alleging monopolization of outpatient services market.
Mr. Fenske also maintains a robust appellate practice.  He has served as lead counsel and argued appeals in both state and federal courts and has served as the primary drafter of briefs at all levels of the federal judiciary. 
Mr. Fenske believes that lawyers should give back to the community, and accordingly he frequently represents individuals on a pro bono basis. He has represented two men wrongfully accused of murder — including as a member of the trial team in one of those cases. In both cases, the clients were exonerated and freed from prison after lengthy incarceration. In addition, Mr. Fenske has served as the lead attorney in both federal district and appellate courts for detained individuals in Section 1983 suits challenging their conditions of confinement.
Prior to joining Jenner & Block, Mr. Fenske interned in the United States Attorney’s Office for the Northern District of Illinois. While at the U.S. Attorney’s Office, he assisted with federal criminal prosecutions for mail fraud, public corruption, and tax evasion. Mr. Fenske served as executive articles editor of the Northwestern University Law Review. He is the past chair of the Antitrust Committee of the Chicago Bar Association.