Tyson Y. Herrold

Counsel

Philadelphia
T +1.215.564.3286
F +1.215.568.3439

Overview

Tyson Herrold focuses his litigation practice on antitrust and competition matters as well as other complex litigation.

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. 

Select Experience

  • 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.).
  • 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. Thomas Jefferson University, No. 20-CV-18140 (D.N.J.).
  • Defending downstream energy company Alon USA Energy Inc., a subsidiary of Delek US, against allegations of price fixing in the California gasoline market. Pending in federal court in the Southern District of California, 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 allege that California consumers were overcharged at the pump between 2012 and 2015 due to the defendants’ allegedly coordinated refinery shutdowns and other purported actions to restrict the supply of gasoline or create an appearance of a gasoline shortage in California. Persian Gulf Consolidated Antitrust Litigation (S.D. Cal.).
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Experience

  • 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.).
  • 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. Thomas Jefferson University, No. 20-CV-18140 (D.N.J.).
  • Defending downstream energy company Alon USA Energy Inc., a subsidiary of Delek US, against allegations of price fixing in the California gasoline market. Pending in federal court in the Southern District of California, 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 allege that California consumers were overcharged at the pump between 2012 and 2015 due to the defendants’ allegedly coordinated refinery shutdowns and other purported actions to restrict the supply of gasoline or create an appearance of a gasoline shortage in California. Persian Gulf Consolidated Antitrust Litigation (S.D. Cal.).
  • 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.).
  • 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.).
  • 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.
  • 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.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America® (2021 to 2023)
    • “Ones to Watch” Pennsylvania: Commercial Litigation

Memberships

  • J. Willard O’Brien American Inn of Court
  • Philadelphia Bar Association, Federal Courts Committee

Publications

Alerts

Articles

Pro Bono

  • Successfully represented pro bono plaintiff in appeal to Third Circuit Court of Appeals in case challenging police department’s use of excessive force in apprehending a plaintiff during execution of an arrest warrant. Third Circuit reversed district court’s summary-judgment award of qualified immunity to police officers. Peroza-Benitez v. Smith, 20-1390 (3d Cir.).

Prior Positions

  • Judicial Law Clerk for the Honorable Dolores K. Sloviter, United States Court of Appeals, Third Circuit (2015 to 2016)
  • Judicial Law Clerk for the Honorable C. Darnell Jones II, United States District Court, Eastern District of Pennsylvania (2013 to 2015)
  • Judicial Law Clerk for the Honorable Malachy E. Mannion, United States District Court, Middle District of Pennsylvania (2013)

Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, District of New Jersey
  • U.S. Supreme Court
  • Pennsylvania, 2012
  • New Jersey, 2012

Education

  • J.D., Villanova University School of Law, 2012, magna cum laude, Order of the Coif
  • B.S., Economics, Messiah College, 2009, summa cum laude

Blog

In The Blogs

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Antitrust Advocate
Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act
By Jeffry W. Duffy, Tyson Y. Herrold, Carl W. Hittinger, Justin M. Kadoura
November 21, 2022
Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC...
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Antitrust Advocate
Hospital Mergers: The Future of COPA Immunity
By Tyson Y. Herrold, Carl W. Hittinger, Marc G. Schildkraut
October 26, 2022
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse Health System, Inc...
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Antitrust Advocate
Federal Court Allows Price-Fixing Class Action to Proceed Against Universities
By Tyson Y. Herrold, Carl W. Hittinger, Ann M. O'Brien, Nicholas M. Rose
September 14, 2022
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the...
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Antitrust Advocate
Baseball's Antitrust Exemption Marks Its 100th Anniversary with a New Challenge
By Tyson Y. Herrold, Carl W. Hittinger
August 1, 2022
For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league staff. In...
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Antitrust Advocate
Decision Benefits Franchise Businesses and Finds Alston Bars Challenge to No-Poach Agreements
By Tyson Y. Herrold, Ann M. O'Brien, Nicholas M. Rose
July 25, 2022
In June 2021, the Supreme Court reaffirmed in NCAA v. Alston that antitrust claims under Section 1 of the Sherman Act “presumptively” call for rule-of-reason analysis and that only the rare case merits “quick look” or per se treatment. __...
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