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  • Fellows of the American Bar Foundation

  • A “brilliant litigator” with “a command of facts and the law that is sometimes scary.” “Extraordinarily hard-working and extraordinarily energetic…a zealous and dogged representative of his client.” – Chambers 2018

    Known for his “excellent tactical and strategic advice” and for being “very thorough and diligent.” – Chambers 2017

Education

  • J.D., University of Pennsylvania Law School, 2001
  • B.A., Dartmouth College, 1998

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern and Southern Districts of New York

Memberships & Affiliations

American Bar Association, Section of Antitrust Law

Fellow of the American Bar Foundation

International Franchise Association

The Association of the Federal Bar of the State of New Jersey--Board of Trustees

Hispanic Bar Association of New Jersey--Board of Trustees

Chairman of the Board of Great Oaks Charter School in Newark, New Jersey

Member, McCarter & English Diversity and Professional Personnel Committees

Richard Hernandez

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Partner
  • T: 973.848.8615
    F: 973.297.6615
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Rich Hernandez chairs McCarter’s antitrust practice and serves on its Diversity and Professional Personnel Committees. He focuses on antitrust litigation, counseling and compliance as well as complex commercial litigation and sports law. His antitrust law experience extends to matters involving price-fixing, tying, exclusive dealing, product distribution (e.g., resale price maintenance policies, drafting and enforcement of distribution agreements, and other vertical restraints), franchising, monopolization, competitor collaborations/joint ventures, trade association conduct, and patent/antitrust matters, including reverse payment settlements, fraud on the Patent Office, and the licensing and enforcement of intellectual property rights. He has represented a variety of industry leaders, litigating antitrust matters, including complex class actions, in federal courts throughout the country.

Rich also advises on Hart-Scott-Rodino pre-merger notification, merger analysis and seeking clearance for transactions reviewed by the Federal Trade Commission (FTC) and the Department of Justice (DOJ). He represents clients in government investigations conducted by the FTC, DOJ, and various state attorneys general into anticompetitive practices, and he often provides antitrust compliance training to help clients avoid future regulatory scrutiny

In addition to his antitrust work, Rich focuses a significant amount of his practice on the business of sports. He represents industry stakeholders including MetLife Stadium, the New York Giants and the New York Jets in a wide range of complex disputes, and regularly provides counseling to address other business concerns as they arise. Rich has represented professional sports franchises and amateur and professional sports leagues in a number of high profile matters, experience which includes favorably resolving a highly publicized litigation over the alleged sale of fraudulent memorabilia in a settlement reached after the core claims against his client had been dismissed. Rich also defeated a putative class action filed in New Jersey federal court alleging his client’s requirement that season ticket holders purchase a “personal seat license” violated antitrust and consumer fraud laws. Rich also served as co-counsel to the NCAA, NFL, NBA, MLB and NHL in obtaining injunctions against implementation of New Jersey’s Sports Wagering Law in violation of the Federal Professional and Amateur Sports Protection Act. In addition to representing sports clients involved in litigation, Rich has counseled professional teams and stadium operators in other high profile and sensitive matters, including ticket resale issues and the impact of legalized sports betting.     

In his diverse counseling and litigation practice, Rich also frequently represents banks, tech companies, hospital systems and other health care providers, food and beverage manufacturers and distributors, franchisors, franchisees, and manufacturers of pharmaceuticals, medical devices, automobiles and automobile parts.  Rich has also assisted as local counsel in over 50 New Jersey federal district court cases, including pharmaceutical, antitrust, and securities fraud matters.

Rich was ranked by Chambers USA for 2017-2018, and clients say he is known for his “excellent tactical and strategic advice” and for being “very thorough and diligent.” He was recognized in New Jersey Super Lawyers as a “Rising Star” for antitrust litigation for 2013-2016. He also was named to the 2014 Top 50-Under-40 list by the New Jersey Law Journal. Chambers is published by Chambers and Partners. Super Lawyers is published by Thomson Reuters. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Representative Matters

The New York Football Giants and several members of its front office in a highly publicized case in New Jersey Superior Court, Bergen County, concerning a myriad of allegations and claims by a football memorabilia reseller, including RICO and fraud-related claims.
The New York Jets in a lawsuit pending in New Jersey Federal Court in which a former player alleges wrongful termination and disability discrimination.
A leading manufacturer of swimming pool products in the defense of a multidistrict putative class action litigation in the Eastern District of Louisiana asserting Sherman Act Section 1 and 2 claims against the three largest manufacturers and the largest distributor in the pool products industry.
Pharmaceutical company in the defense of a class action filed in the Eastern District of Pennsylvania alleging Sherman Act Section 1 and 2 claims, as well as tortious interference with prospective economic relationships, based on a novel product-hopping antitrust theory of liability.
Premium beverage manufacturer and bank entities in an International Chamber of Commerce (ICC) arbitration regarding a dispute with a supplier, and in a separate action alleging violations of New Jersey’s Oppressed Minority Shareholder Statute and other fiduciary obligations in New Jersey State Court.

Speaking

05/08/17
50th Annual International Franchise Association Legal Symposium
06/17/16
New Jersey State Bar Association
12/11/15
Business and Commercial Litigation Special Committee of the NJSBA
11/10/15

Publications

02/09/16
11/25/13
04/10/13
02/22/10
Hart-Scott-Rodino Thresholds To Decrease Effective February 22, 2010
M&E Antitrust And Trade Regulation Alert