Norman M. Hirsch is a partner in the Firm's Litigation Department. He is a member of the Professional Responsibility and Antitrust Litigation Practices. Mr. Hirsch is AV Peer Review Rated, Martindale-Hubbell's highest peer recognition for ethical standards and legal ability.
Mr. Hirsch was the principal attorney for Exelon Generation LLC in lawsuits against the United States government seeking substantial damages for the government's breach of contract in failing to remove spent nuclear fuel from Exelon nuclear reactors. The cases settled in August 2004 on very favorable terms for the client. Mr. Hirsch has represented two other nuclear utilities in similar lawsuits against the United States government. In 2010, he led a Jenner & Block team that obtained a $56.8 million judgment against the United States government for the Firm's client Energy Northwest, following a three-week trial. In its June 2010 issue, The National Law Journal recognized Mr. Hirsch as one of 11 "winning" trial lawyers nationwide who are "model(s) of the modern litigator," in connection with his work on the Energy Northwest matter. Mr. Hirsch has also represented manufacturers of telecommunications equipment, cameras, packaging and chemicals, airlines, agricultural companies, natural gas pipelines, railroads and electric utilities in various complex matters.
In the antitrust area, Mr. Hirsch has represented parties in monopolization, predatory pricing, price fixing and price discrimination cases. For example, Mr. Hirsch represented a major agriculture/chemical company in an antitrust case challenging the company's marketing practices. Mr. Hirsch has also represented parties in government antitrust investigations, including a two-year FTC price-fixing investigation, which resulted in no charge against the client. Mr. Hirsch has extensive experience in counseling corporate clients on antitrust compliance issues, including distribution arrangements, Robinson-Patman, tying and exclusive dealing issues. He has also counseled joint ventures, including research and development joint ventures, on antitrust issues.
Mr. Hirsch has argued appeals in the United States Courts of Appeals for the Federal Circuit and the Seventh Circuit, the Illinois Appellate Court and the Illinois Supreme Court. Mr. Hirsch has worked on appeals in the United States Courts of Appeals for the Fifth Circuit, Seventh Circuit, Ninth Circuit, Eleventh Circuit, D.C. Circuit and Federal Circuit, and state appellate and supreme courts in Illinois, Louisiana and Texas.
As a member of the Firm's Professional Responsibility Practice, Mr. Hirsch has also successfully represented both lawyers and clients in sanctions proceedings in federal and state court, including a case in which he obtained a reversal by the Seventh Circuit Court of Appeals of a sanction and resulting liability verdict against the Chicago Board of Education. He is the co-author of Sanctions in Federal Litigation (Butterworth Legal Publishers, 1991), and co-authored a law review article on differing approaches by the Courts of Appeals in applying Rule 11 of the Federal Rules of Civil Procedure, "Sanctions Under Rule 11: A Cross-Circuit Comparison," 37 Loyola Law Review 727 (2004). He is also one of the authors of the Firm's Rule 11 outline, which is distributed to lawyers and judges throughout the country.
Mr. Hirsch has practiced at the Firm since 1982. He received his undergraduate degree with honors from the University of Chicago in 1977, where he was elected to Phi Beta Kappa. He graduated from Stanford Law School in 1980 and served as Note Editor on the Stanford Law Review. He clerked for the Honorable Fred Cassibry, United States District Court for the Eastern District of Louisiana, and for the Honorable Cecil F. Poole, United States Court of Appeals for the Ninth Circuit. Mr. Hirsch is a member of the bars of the United States Courts of Appeals for the Seventh Circuit, the Ninth Circuit and the Federal Circuit, the Supreme Court of Illinois, the United States District Court for the Northern and Southern Districts of Illinois and the United States Court of Federal Claims.
Stanford Law School, J.D., 1980
Note Editor, Stanford Law Review, 1979-1980
University of Chicago, B.A., 1977, Honors,
Phi Beta Kappa
U.S. Court of Appeals, Seventh Circuit, 1985
U.S. Court of Appeals, Ninth Circuit, 1982
U.S. Court of Federal Claims, 1998
U.S. District Court, Southern District of Illinois, 2009
U.S. District Court, Northern District of Illinois, 1982
U.S. District Court, Northern District of Illinois (Trial Bar), 1986
Supreme Court of Illinois, 1981