OVERVIEW
Experience
Gary is an experienced litigator, focusing his practice on complex federal antitrust cases. Gary has successfully represented clients in district court proceedings, on appeal to the circuit courts, and when necessary, in the Supreme Court of the United States. All told, Gary has recovered over $1 billion for clients that were the victims of antitrust violations.
Gary has litigated cases involving monopolistic and cartel activity in a wide range of industries, from the agricultural sector to the financial markets – with a particular emphasis on healthcare, where Gary has represented hospitals and physicians in matters concerning overcharges on medical, surgical, and dental products as well as biologics (vaccines) and pharmaceuticals. For this work, Gary has been honored as a Rising Star Under 40 in Healthcare Law by Law360 (2017), a Rising Star in Antitrust Litigation by Pennsylvania Super Lawyers (2017 through present), and a Trailblazer by the Legal Intelligencer (2019).
Gary is also committed to legal scholarship, the development of the antitrust laws, and serving the community through pro bono work. Gary has authored numerous articles on competition issues and the legal profession, including for the American Bar Association’s (ABA) Young Lawyers Division, the ABA’s Health Care Chronicle, and most notably, contributing to the Eighth Edition of the ABA Antitrust Section’s seminal publication, Antitrust Law Developments. As the Chair of the Committee to Support the Antitrust Law’s (COSAL) Amicus Committee, Gary has authored or contributed to amicus filings across the circuit courts and in the Supreme Court seeking to advance progressive competition law policies. And on the pro bono front, Gary has represented victims of clergy sexual abuse that received settlement offers from the Philadelphia Archdiocese. For this and other pro bono work, Gary and Hausfeld’s Philadelphia office received the Philadelphia Bar Foundation’s 2019 Pro Bono Award.
Clients
Gary counts among his clients hospitals and hospital systems, pediatricians, dentists and dental laboratories, universities, local governments, investment and pension funds, advertising agencies, and farmers.
EDUCATION
Sandra Day O’Connor College of Law at Arizona State University, J.D. 2011
University of Arizona, B.S.B.A. in Business Economics, 2008
BAR ADMISSIONS
Pennsylvania
United States District Court for the Eastern District of Pennsylvania
Arizona
United States District Court for the District of Arizona
California
United States District Court for the Southern District of California
United States District Court for the Central District of California
United States District Court for the Northern District of California
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Seventh Circuit
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Tenth Circuit
United States Supreme Court
AFFILIATIONS
Chair, Amicus Committee, Committee to Support the Antitrust Laws
Willard H. Pedrick Scholar
NEWS
EVENTS
- “Breakfast, Lunch, and Dinner: A Spotlight on Antitrust in the Protein Industry,” American Antitrust Institute Private Enforcement Conference (Nov. 10, 2021), Panel Moderator
- "The Current Antitrust Spotlight on Agriculture: What You Need to Know," Agricultural Law Association Webinar (Aug. 6, 2020), Speaker
- ABA Section of Antitrust Law Agriculture and Food Antitrust Case Update 2019 (February 28, 2019), Panelist
PUBLICATIONS
Gary's other publications include:
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- "Tips for Success as a New Supervising Litigation Attorney,” The Young Lawyer, Vol. 26, No. 2, ABA Young Lawyers Division (Winter 2022)
- "Bundling Claims Under Section 1 of the Sherman Act: Focusing on Firms' Abilities to Create Anticompetitive Effects in a Market, Rather Than Their Share of It," Antitrust Health Care Chronicle, Vol. 28/ No. 1, ABA Section of Antitrust Law (Jan. 2015), Co-Authored with Brent W. Landau
- Antitrust Law Developments 8th Edition, ABA Antitrust Section, Contributor
- "The US Court of Appeals for the Tenth Circuit Upholds a District Court Decision Dismissing a Case Alleging Exclusionary Practices on the Grounds that Consumer Welfare is Unaffected and a Demonstrable Intention to Exclude in Some Situations is Legitimate," Concurrences (July 29, 2022), Co-Authored with Debashish Bakshi
Press:
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- "16 Big Banks To Face Revived Libor Antitrust Suit," Law360 (May 23, 2015)
- "Barclays Pays $120M To Exit Part Of Libor MDL," Law360 (Nov. 13, 2015)
- "Dental Distributors Fire Back Against Antitrust Action," Law360 (March 3, 2016)
- "Dentists Smiling as Price-Fixing Conspiracy Case Survives," Law360 (Sept. 28, 2016)
- "Airlines Can't Ditch Price-Fixing MDL, 9th Circ. Rules," Law360 (April 14, 2017)
- "Rising Star: Hausfeld's Gary Smith," Law360 (Aug. 1, 2017)
- "Doctors' Counsel Nab $27M In Sanofi Vaccine Antitrust Row," Law360 (Oct. 23, 2017)
- "$250M Citi, Barclays Libor Deals Look Worthy, Judge Says," Law360 (Jan. 23, 2018)
- "Flyers Ask Justices To Pass On Antitrust Filed-Rate Fight," Law360 (Feb. 13, 2018)
- "Flyers Ask Justices To Pass On Antitrust Filed-Rate Fight," Law360 (Feb. 13, 2018)
- "Flyers Ask Justices To Pass On Antitrust Filed-Rate Fight," Law360 (Feb. 13, 2018)
- "Chicken Farmers Accuse Processors of Illegal 'No Poach' and Wage Suppression," Global Competition Review (Feb. 26, 2018)
- "Deutsche Inks $240M Deal To Settle Libor-Rigging Row," Law360 (Feb. 27, 2018)
- "OTC Investors Win Class Cert. On Libor Antitrust Claims," Law360 (March 1, 2018)
- "Judge Certifies OTC Libor Class But Denies Others," Global Competition Review (March 2, 2018)
- "EVA Airways Settles Price-Fixing Class Action For $21M," Law360 (March 13, 2018)
- "Justices Skip Airline’s Challenge To 9th Circ. Rate Ruling," Law360 (March 19, 2018)
- "HSBC Inks $100M Deal With OTC Investors In Libor-Rig MDL," Law360 (March 29, 2018)
- "Susman Godfrey L.L.P. and Hausfeld LLP Announce Lawsuits and Settlements Totaling $340 Million That Impact Individuals and Institutions Who Owned a U.S. Dollar LIBOR-Based Instrument Between August 2007 and May 2010," Business Wire (July 30, 2018)
- "Airline Passengers Win Class Cert. In Price-Fixing Suit," Law360 (Aug. 9, 2018)
- "Hausfeld, Susman Awarded $58.4M In Libor MDL Fees, Costs," Law360 (Aug. 15, 2018)
- "Dentists Get $80M From Supply Cos. To End Collusion Case," Law360 (Aug. 30, 2018)
- "EVA, Others To End Trans-Pacific Price-Fix Row For $50M," Law360 (Oct. 12, 2018)
- "Hausfeld, Susman Win $63M In Attys' Fees In Libor MDL," Law360 (Oct. 26, 2018)
- Dentists Extract $80M From Supply Cos. In Antitrust Deal," Law360 (June 24, 2019)
- "Flyers Ink $58M Deal With Last Airline In Price-Fixing Suit," Law360 (Feb. 14, 2019)
- "Tyson, Others Try To Stop Consolidation Of Price-Fixing Suits," Law360 (Dec. 3, 2020)
- "Purdue Inks Deal To Exit From Chicken Price-Fix Suit," Law360 (July 26, 2021)
- "Tyson, Purdue Farms Shell Out $36 Million To Settle Antitrust Claims," Tri-States Public Radio (September 2, 2021)
- "'Data-Rich' Sources Can ID Niaspan Class, 3rd Circ. Told," Law 360 (January 21, 2022)
- "$35 Perdue, Tyson Deals With Chicken Farmers Cleared," Law 360 (February 22, 2022)
- "T-Mobile's Merger With Sprint Hurt All Phone Bills, Suit Says," Law 360 (June 17, 2022)
- "T-Mobile Wants Suit Over $26B Sprint Merger Sent to NY," Law 360 (August 24, 2022)
- "Subscribers Fight T-Mobile's Bid to Transfer Merger Case," Law 360 (September 20, 2022)
- "T-Mobile Loses Bid To Kick III. Merger Challenge To NY," Law 360 (October 7, 2022)
- "Rental Pricing Co., Landlords Accused of Cartel Activity," Law 360 (October 19, 2022)
- "Is an Algorithm Raising Your Rent? A New Class Action Lawsuit Says Yes," Gizmodo (October 21, 2022)
- "Company That Makes Rent-Setting Software for Apartments Accused of Collusion, Lawsuit Say," ProPublica (October 21, 2022)
- "Pilgrim's Reveals Expanded DOJ Probe Into Grower Contracts," Law 360 (October 27, 2022)
- "T-Mobile Drops Bid To Pause Private Merger Suit," Law360 (December 13, 2022)
- "Sanderson Farms Latest To Cut Chicken Price-Fixing Deal," Law 360 (January 6, 2023)
- "RealPage Plaintiffs Back National Structure For Antitrust Suits," Law 360 (January 9, 2023)
- "The fight is on for control of RealPage antitrust litigation," Reuters (January 10, 2023)
- "Judge Rejects RealPage Landlord's Venue-Shopping Claims," Law 360 (January 10, 2023)
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WHAT OTHERS SAY
Courts
"This is a substantial recovery that has the deterrent effect that class actions are supposed to have, and I think it was done because we had really good Plaintiffs’ Lawyers in this case who were running it."
- Comments of Judge Brian M. Cogan during the Final Approval Hearing in In re Dental Supplies Antirust Litigation, where Gary successfully argued for final approval of the $80 million settlement with Defendants Henry Schein, Inc., Patterson Companies, Inc., and Benco Dental Supply Co.
Law360
- Rising Star Under 40, Healthcare Law in 2017
Super Lawyers
- Rising Star, Antitrust Litigation in Pennsylvania since 2017
The Legal Intelligencer
- Pennsylvania Trailblazer in 2019
Other
- Pro Bono Award of the Philadelphia Bar Foundation: an honor received by Gary and the firm's Philadelphia office in 2019.