They’ve Got Next: The 40 Under 40 - Doug Litvack of Jenner & Block

Doug Litvack

Age: 40

Law Firm: Jenner & Block

Practice Area: Antitrust

Title: Partner

Location: Washington, DC

Law School: Georgetown University Law Center

Please describe two of your most substantial, recent wins in practice.

While I’ve obtained dismissals of antitrust cases for many clients, my most substantial wins were on appeal in antitrust cases where the district court erroneously ruled against my client. In St. Luke’s Hospital et al v. ProMedica et al, I argued and secured a unanimous Sixth Circuit reversal of a preliminary injunction that barred my client from terminating contractual relationships with competitor St. Luke’s. This decision has become a leading precedent on a firm’s duty to deal with competitors under antitrust laws. On remand, I led ProMedica’s defense against antitrust claims seeking hundreds of millions in damages and prosecution of counterclaims.

In PLS.com v. National Association of Realtors et al., I secured a unanimous Ninth Circuit reversal, overturning the district court’s dismissal of our challenge to NAR’s Clear Cooperation policy. This policy eliminated competition from residential real estate listing networks by requiring all listings to go through NAR-controlled MLSs. The victory established precedent on antitrust standing and per se treatment of group boycotts, becoming one of the most cited appellate decisions in real estate law. When NAR petitioned the Supreme Court for certiorari, I led PLS’s opposition briefing, culminating in the court’s denial of cert in December 2022, preserving our win.

What is the most important lesson you learned as a first-year attorney and how does it inform your practice today?

The most important lesson I learned as a first-year attorney was the value of reasonableness. While my initial instinct as a young litigator was to fight on every issue to be a fierce advocate, I quickly discovered that measured advocacy with kindness and respect toward my adversaries produces better results. I learned that fighting every battle doesn’t serve my clients well and found the importance of reasonableness and strategic thinking over confrontational litigation tactics.

This approach has helped me identify which issues truly matter and avoid unintentional disputes that waste time and resources. Being reasonable established productive working relationships with opposing counsel, making negotiations more effective. When I did need to take a hard stance on important issues, my reasonableness on other matters gave me leverage and enhanced my persuasiveness and credibility.

Today, this lesson informs my practice by allowing me to focus my advocacy on issues that genuinely impact case outcomes. It also allows me to build rapport with colleagues in a way that facilitates smoother case resolution and gain a strategic advantage when critical disputes arise. Ultimately, I’ve found this approach allows me to get my clients the best results.

How do you define success in your practice?

I define success in my practice by the results—specifically by ensuring clients achieve their business objective. In antitrust that could mean all sorts of things depending on the particular situation, which is why I always understand my clients’ businesses and their ultimate objectives.

For example, a client may want to settle a case quickly and quietly to avoid the reputational risk associated with being accused of monopolistic behavior. On the other hand, a client may need to litigate the case to conclusion because the requested injunctive relief would prevent the business from being successful in the future.

I’ve therefore learned that clients define success in their own way, and winning a case may not always be the most successful outcome from their perspective. Ultimately, success is getting clients results that further their goals, not mine. And I find it rewarding to use my advocacy skills to help others solve problems and accomplish their objectives and dreams.

What are you most proud of as a lawyer?

I’m most proud of the relationships that I’ve formed with my colleagues. I’ve had the fortunate opportunity to meet and interact with so many talented lawyers through my practice and was particularly proud to serve with many great lawyers while I was at the FTC.

Through my case work, I’ve formed incredible personal and professional relationships with so many different people—some have mentored me, and I have mentored others. I rely heavily on these relationships for referrals, advice, and most importantly, friendship. Forming these relationships with my colleagues has been truly the best gift of being a lawyer in my line of work and one I didn’t foresee when I went to law school.

Who is your greatest mentor in the law and what have they taught you?

My greatest mentor in law is David Wales, former leader of Jones Day’s global antitrust and competition practice and former Bureau Director at the Federal Trade Commission. Dave is a partner and head of the [North American] antitrust practice at Skadden, Arps, Slate, Meagher & Flom, based in Washington, DC, and has extensive antitrust experience in both the private and public sectors. He taught me the value of practical advice, and the benefits of focusing on providing solutions that clients can implement immediately, addressing their specific circumstances, rather than offering generic legal theory.

Tell us your two favorite songs on your summer music playlist.

At this point, “Run this Town” by Jay-Z and Rihanna might be considered a classic, but the truly great songs stand the test of time and will always have a spot on my summer playlist. And if you find yourself walking by my Capitol Hill house this summer, there’s a good chance you will hear “Stargazing” by Kygo and Justin Jesso coming from our back patio. It’s a truly great summer song, but more importantly, it also happens to be one of my wife’s favorites, which is reason enough to include it on my summer playlist.

Doug Litvack of Jenner and wife, Alex, at Fourth of July celebration at Belle Haven Country Club in Alexandria, Virginia.

Photo Illustration: Jonathan Hurtarte/Bloomberg Law; Photo courtesy of Doug Litvack