Experience
Prior to joining Schiff Hardin, Mr. Cernak spent 23 years at General Motors as a member of the legal staff. He practiced antitrust and trade regulation law at GM from 1989 to 2012, and served as lead competition law counsel for GM globally and lead counsel for GM's Service Operations and Fleet Operations in the United States. Mr. Cernak managed GM's responses to lemon law and breach of warranty lawsuits across the United States from 1999 to 2012.
While he currently advises clients on antitrust matters in various industries, Mr. Cernak has maintained his connections to the auto industry by advising leading organizations in manufacturing vehicle safety research and parts production and distribution. Mr. Cernak also comments frequently on antitrust issues in various media, and he teaches in-house counsel courses at three law schools.
Publications
"Lessons from an Accidental Antitrust Lawyer," book review of The Education of an Accidental Antitrust Layer: Told in True Stories by Thomas B. Leary, The Antitrust Source (April 2013)
"Changes Among FTC Members Means No New Initiatives Soon," (co-author) Law360 (April 18, 2013)
"Clarification From High Court On State Action Exemption," Law360 (Feb. 19, 2013)
“Eaton Case Could Allow Supreme Court to Refine Standards in Monopolization Cases,” (co-author) Bloomberg BNA – Antitrust & Trade Regulation Report (Feb. 8, 2013)
"Overview of Oral Argument in FTC v. Phoebe Putney," Law360 (Nov. 26, 2012)
"The Auto Parts Investigations: Lessons from the 1st Year," Law360 (August 29, 2012)
"Around the World in Thirty Days (Or Less If We Get Early Termination) – Managing Premerger Notifications in Multiple Jurisdictions," The Antitrust Counselor (March 2010)
Frequently Asked Antitrust Questions, (editor) American Bar Association (2004)
Speeches and Presentations
"Advertising Claims – Are the Substantiation Standards Shifting?" (moderator) 61st Spring Meeting, ABA Section of Antitrust Law (April 10, 2013)
"Antitrust Update for In-House Counsel," (moderator) Corporate Counseling Committee Meeting, ABA Section of Antitrust Law (March 2013)
"When Offense is the Best Defense: Handling Concurrent Threats of Private Lawsuits and Government Investigations," (moderator) ABA Section of Antitrust Law Corporate Counseling Committee Teleseminar (September 2012)
"The Antitrust-Labor Interface: Not Just for Pro Athletes," ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 2012)
"Antitrust Update for In-House Counsel," (moderator) ABA Section of Antitrust Law Corporate Counseling Committee Meeting (February 2012)
"Do We Have a Deal for You: Distribution, Pricing and the Internet," The Second Annual Chicago Forum on International Antitrust Issues, Chicago, Ill. (June 2011)
"Trade and Professional Associations: Lessons from the Agencies' Real Estate Broker Cases," (moderator) ABA Section of Antitrust Law Teleseminar (January 2007)
"When It Rains, It Pours: What If There Had Been No Robinson-Patman Act?" ABA Section of Antitrust Law Spring Meeting (March 2006)
"Under the Microscope: Advising an Industry or Trade Association Under Antitrust Scrutiny," (moderator) ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (March 2006)
"Antitrust Update: What All Lawyers Must Know," (moderator) ABA Annual Meeting, Salt Lake City, Utah (August 2005)
"Representing the International Client," ABA Section of Antitrust Law International Antitrust Forum (January 2005)
"Antitrust Risks of Sales Over the Internet, B2Bs and Distribution," ABA Section of Antitrust Law Fall Forum (November 2001)
"Pricing and Antitrust Issues with Dealers on the Web," ABA Section of Antitrust Law Program on Distribution in a Global Economy (November 2001)
"Antitrust Risks of Joint Trade Exchanges," Practising Law Institute E-Commerce Antitrust and Trade Practices Program, New York, New York (March 2001)
"NSync to Gasoline: Distribution Issues in the 'New' and 'Old' Economies," (Panelist) ABA Section of Antitrust Law Corporate Counseling Committee Teleseminar
"Pricing and Antitrust Issues with Dealers on the Web," ABA Annual Meeting, New York, New York (July 2000)
"Strategic Alliances," Southwestern Legal Foundation Program, Advising Transnational Entities in the New Millennium (June 2000)
Awards and Honors
Volunteer of the Year, Michigan Community Resources (2012)
Champion of Justice Award, Detroit Metropolitan Bar Association (2008)
Fellow, American Bar Foundation
Fellow, Detroit Metropolitan Bar Foundation
John W. Cummiskey Pro Bono Award, State Bar of Michigan (2001)