Mr. Hirsch was the principal attorney for Exelon Generation LLC in lawsuits against the United States government seeking substantial damages for the government’s breach of contract in failing to remove spent nuclear fuel from Exelon nuclear reactors. The cases settled in August 2004 on very favorable terms for the client. Mr. Hirsch has represented two other nuclear utilities in similar lawsuits against the United States government. In 2010, he led a Jenner & Block team that obtained a $56.8 million judgment against the United States government for the firm’s client Energy Northwest, following a three-week trial. In its June 2010 issue, The National Law Journal recognized Mr. Hirsch as one of 11 “winning” trial lawyers nationwide who are “model(s) of the modern litigator,” in connection with his work on the Energy Northwest matter. Mr. Hirsch has also represented manufacturers of telecommunications equipment, cameras, packaging and chemicals, airlines, agricultural companies, natural gas pipelines, railroads and electric utilities in various complex matters.
In the antitrust area, Mr. Hirsch represented parties in monopolization, predatory pricing, price fixing and price discrimination cases. Mr. Hirsch also represented parties in government antitrust investigations, including a two-year FTC price-fixing investigation, which resulted in no charge against the client.
Mr. Hirsch had extensive experience in counseling corporate clients on antitrust compliance issues, including distribution arrangements, Robinson-Patman, tying and exclusive dealing issues. He also counseled joint ventures, including research and development joint ventures, on antitrust issues.
As a member of the firm’s Professional Responsibility Practice, Mr. Hirsch also successfully represented both lawyers and clients in sanctions proceedings in federal and state court, including a case in which he obtained a reversal by the Seventh Circuit Court of Appeals of a sanction and resulting liability verdict against the Chicago Board of Education.