New York litigation partner Boris Bershteyn was recognized by The Am Law Litigation Daily as a Litigator of the Week in connection with his representation of Caesars Entertainment in antitrust class actions based on allegations of algorithmic pricing of hotel rooms. The U.S. District Court for the District of Nevada dismissed the claims against Caesars and software company Cendyn with prejudice, finding that “mere use of algorithmic pricing based on artificial intelligence by a commercial entity, without any allegations about any agreement between competitors — whether implicit or explicit — to accept the prices that the algorithm recommends does not plausibly allege an illegal agreement.”
A May 17 Q&A explored what was at stake in the case, the matter’s biggest takeaways and the future of algorithmic pricing cases.