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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

Home | BakerHostetler

ADventures in Law CLE Webinar: AI in Advertising – Legal Risks and Compliance Realities

BakerHostetler Attorneys Present at 2025 ANA Masters of Advertising Law Conference

Ferve Khan Joins Panel on In Pari Delicto Doctrine at American Bankruptcy Institute’s Winter Leadership Conference

AD Nauseam

AD Nauseam: Money Changes Everything

Following law school, Tyson completed judicial clerkships with Federal Judges in the Middle District and Eastern District of Pennsylvania and the U.S. Court of Appeals for the Third Circuit. This experience included involvement in high-profile antitrust and Constitutional cases as well as litigation stemming from the financial crisis. During this time, Tyson developed an intimate knowledge of the federal trial and appellate court system.&nbsp;

core/freeform

J.D., Villanova University School of Law, 2012, 

B.S., Economics, Messiah College, 2009, 

<ul>
<li>The Best Lawyers in America®
<ul>
<li>“Ones to Watch” in Pennsylvania for Commercial Litigation (2021 to 2025)</li>
</ul>
</li>
<li>The Legal 500 United States
<ul>
<li>Recommended in Antitrust – Civil Litigation/Class Actions: Defense (2025)</li>
</ul>
</li>
</ul>

Philadelphia

Department of Justice Creates First-of-its-Kind Whistleblower Program (The Legal Intelligencer)

BakerHostetler attorneys and practice areas spotlighted in the 2025 Legal 500 annual guide

State Attorneys General Stepping Up Antitrust Enforcement While Federal Enforcers Downsize (The Legal Intelligencer)

Carl Hittinger, Alyse Stach, Tyson Herrold, Craig Sonnenschein Present at In-House Counsel Conference

California Considers Stiffer Fines, Penalties and Prison Time as More States Contemplate Updating Their Antitrust Laws (The Legal Intelligencer)

Antitrust Advocate

Gail Slater Confirmed as Antitrust Head, Signaling Administration’s Commitment to Antitrust Enforcement

Department of Justice and Federal Trade Commission Release Guidelines on Business Practices That Impact Workers

Robinson-Patman Revival or Lame Duck Hail Mary? FTC Brings First Price Discrimination Case in Decades

Edward Jacobs, Tyson Herrold Pen Blog Republished by Competition Policy International

Antitrust Sanctions: The Duty to Preserve Chats

DOJ Still Contemplating Criminal No-Poach Cases

Carl Hittinger, Marc Schildkraut, Tyson Herrold Author Law360 Article on FTC Noncompete Rule Hurdles

How FTC History Did Not Affect the FTC’s Approach to Noncompetes (but Should Have?): From the Nader Report to the Present

Lessons Learned From the Antitrust and Competition Trenches for In-House Counsel

Does New York’s Failed Noncompete Bill Forecast a Similar Fate for the FTC’s Proposed Noncompete Rule?

Voluntary Dismissal as DOJ Contemplates Future of Criminal No-Poach Cases

An Article by Carl Hittinger, Marc Schildkraut and Ty Herrold Addresses FTC ‘Hostility’ to Healthcare Mergers

Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal

Carl Hittinger, Tyson Herrold and Alyse Stach Present Antitrust CLE to In-House Counsel Conference

Carl Hittinger and Tyson Herrold Discuss Ruling Permitting Price-Fixing Class Action Against Universities

BakerHosts

FTC Seeks to Ban Noncompete Restrictions in Employment Contracts: What Does the Proposed Rule Mean for Businesses and Private Equity?

Carl Hittinger and Tyson Herrold Author Article About 100 Years of Baseball’s Antitrust Exemption

Dan Foix, Carl Hittinger and Tyson Herrold Author Article on Efforts to Renew Enforcement of Largely Dormant Act

Q&A About FTC Proposed Rule to Ban Noncompete Restrictions

Webinar: FTC Seeks to Ban Noncompete Restrictions in Employment Contracts

Carl Hittinger and Tyson Herrold Analyze FTC Effort to End Noncompete Restrictions

FTC Seeks to Ban Noncompete Restrictions in Employment Contracts

Federal Trade Commission’s Historic Attempt to Drive a Mack Truck Through the Sherman Act

Carl Hittinger, Jeffry Duffy, Michael Matthias, Tyson Herrold, Julian Perlman and Alyse Stach Guide Client to Victory Against Price-Fixing Claims

Hospital Mergers: The Future of COPA Immunity

Carl Hittinger, Tyson Herrold Examine ‘568 Exemption’ Ruling in Legal Intelligencer Article

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

Hundreds of BakerHostetler Attorneys Honored as 2023 Best Lawyers, Ones to Watch and Lawyers of the Year

Carl Hittinger, Tyson Herrold Author Legal Intelligencer Article on Minor League Baseball Case

Baseball’s Antitrust Exemption Marks Its 100th Anniversary with a New Challenge

Decision Benefits Franchise Businesses and Finds Alston Bars Challenge to No-Poach Agreements

Hittinger, Foix, Duffy, Oates, Tyson Article Examines State of FTC “Reverse Payment” Antitrust Litigation

Carl Hittinger, Tyson Herrold Take a Look at Judge Kavanaugh’s Antitrust Record

Carl Hittinger, Tyson Herrold Author Article that Assesses Congressional Attempts to Update FTC Merger Review Process

Carl Hittinger, Tyson Herrold Examine Wave of No-Poach Class Actions

Carl Hittinger, Tyson Herrold Analyze Antitrust Enforcement in No-Poach Employee and Wage-Fixing Cases

Carl Hittinger, Tyson Herrold Article Discusses the Importance of Boards and Directors Engaging Independent Board Counsel on Certain Problematic Issues

Carl Hittinger, Tyson Herrold Discuss Push by New Antitrust Chief to Increase Regulation of SSOs

Carl Hittinger, Tyson Herrold Examine Antitrust Case to be Decided by Supreme Court

Carl Hittinger, Tyson Herrold Look at the History of Presidential Intervention in Antitrust Policies

Carl Hittinger, Tyson Herrold Author Article Analyzing Confirmation Hearing of Antitrust Chief Nominee

Hittinger, Herrold Take a Look at Experience of Nominee for Justice Department Antitrust Position

Carl Hittinger, Tyson Herrold Review Senate Judiciary Committee Testimony of Supreme Court Nominee Neil Gorsuch

Carl Hittinger, Tyson Herrold Examine Nominee Gorsuch’s Private Practice Record on Antitrust Issues

Carl Hittinger, Tyson Herrold Review Antitrust Opinions of Nominee Neil Gorsuch

Carl Hittinger, Tyson Herrold Review FTC Moves to Block Local Health Care Mergers

Carl Hittinger, Tyson Herrold Author Article about FTC Efforts to Block Healthcare Mergers

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Commercial Litigation

Antitrust and Competition

Litigation

Multidistrict Litigation

<ul>
<li>Representing Equity Residential, a coast-to-coast real estate lessor, in defending against dozens of nationwide and local class actions in federal court alleging a Sherman Act Section 1 conspiracy in the purported multifamily residential real estate market. The complaints allege that Equity Residential and more than 30 other property developers conspired to use RealPage, Inc.’s pricing analytic software to fix residential lease prices.</li>
<li>Represented a third-party national healthcare system subpoenaed in Federal Trade Commission’s antitrust challenge to Thomas Jefferson University’s acquisition of Albert Einstein Healthcare Network. FTC v. Thomas Jefferson University, No. 20-CV-1113 (E.D. Pa.).</li>
<li>Represented a third-party national healthcare system and one of its New Jersey hospitals subpoenaed in Federal Trade Commission’s antitrust challenge to Hackensack Meridian Health, Inc.’s proposed acquisition of Englewood Healthcare Foundation. FTC v.  Hackensack Meridian Health, Inc., No. 20-CV-18140 (D.N.J.).</li>
<li>Successfully defended downstream energy company Alon USA Energy, Inc., a subsidiary of Delek US, against allegations of price-fixing in the California gasoline market. The federal court in the Southern District of California in a precedent-setting 103-page opinion granted Alon’s motion for summary judgment and also the summary judgment and expert preclusion motions of its co-defendants. The cases were brought against multiple major oil refiners by putative classes of direct and indirect gasoline purchasers under the Sherman Antitrust Act and California’s antitrust statute, the Cartwright Act. The plaintiffs alleged that California consumers were overcharged at the pump between 2012 and 2022 due to the defendants’ allegedly coordinated refinery shutdowns, exchange agreements, wash trades, and imports and exports to restrict the supply of gasoline and create the appearance of gasoline shortages. Plaintiffs had sought $15 billion in damages before trebling. Persian Gulf Consolidated Antitrust Litigation (S.D.Cal.).</li>
<li>Successfully defended a manufacturing company against Lanham Act false-advertising claims brought by a competitor, using discovery to formulate counterclaims that forced the competitor to drop its claims and agree to a $7.5 million settlement in the client’s favor and other corrective actions to create a level playing field; also persuaded court to sanction competitor’s in-house general counsel for unethical conduct in bringing claims against client. Scranton Products, Inc. v. Bobrick Washroom Equipment, Inc., No. 2014-cv-00853 (M.D. Pa.).</li>
<li>Represented timeshare-owner coalition in appeal to U.S. Court of Appeals for the Third Circuit in a case challenging a Virgin Islands tax as a violation of dormant commerce clause, essentially targeting non-residents. American Resort Development Association v. Government of the Virgin Islands, No. 20-1964 (3d Cir.).</li>
<li>In representation of shopping center developer, formulated cutting-edge antitrust claim against competing developer and supermarket chain for unlawful agreement to restrain trade in local supermarket sector; complaint withstood aggressive motions to dismiss, with court ruling that it pled a plausible prima facie case under the Sherman Act and various related state-law causes of action, and that client is entitled to full discovery on its claims.</li>
<li>Represented an industrial machinery manufacturer in a products liability case claiming defect in the design and failure to warn that allegedly resulted in workplace injury.</li>
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Tyson Y. Herrold

Tyson Y. Herrold

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