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

  • 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-dollar 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.).
  • 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.
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Experience

  • 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-dollar 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.).
  • 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 alleging defect in the design and failure to warn.
  • Represented a land developer in bringing an antitrust case against an adjacent developer for using state tort and local eminent domain proceedings to restrain trade.
  • Represented a manufacturer in the defense against Lanham Act and unfair competition claims brought by competitor. 
  • Worked on an antitrust lawsuit brought by a representative of radio stations against performing rights organizations’ alleged attempts to fix prices in and monopolize the industry for copyrights to musical works.
  • Assisted in a case involving a bank’s scheme to fraudulently inflate capital after the financial crisis to obtain federal Troubled Asset Relief Protection (TARP) funds. 
  • Assisted in a case concerning whether banks’ database of mortgage holders used to facilitate creation of mortgage-backed securities violated state law requiring the public recording of mortgage transfers. 
  • Assisted in a case involving an insurance dispute arising out of an oil pipeline spill, where parties were ordered to engage in private arbitration pursuant to the Federal Arbitration Act. 
  • Assisted in a Second Amendment appeal involving as-applied challenge to federal statute prohibiting convicted felons from obtaining firearms.
  • Involved in a Fifth Amendment case in which Immigration and Customs Enforcement officers allegedly held citizens without probable cause during a sting operation. 

Recognitions and Memberships

Recognitions

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

Memberships

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

Publications

Alerts

Articles

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. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Middle District of Pennsylvania
  • U.S. District Court, Western 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
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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Antitrust Advocate
Franchise No-Poach Agreements: Is Reform on The Horizon?
By Tyson Y. Herrold
January 6, 2021
In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust laws.[1] That...
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