Mr. Gallagher's principal areas of practice include complex commercial litigation, with emphasis on antitrust and class actions, and counseling in the areas of antitrust and trade regulation.  He has represented clients in a variety of industries including pharmaceuticals, agriculture, crop protection, cable, insurance, baby food, electric generating, investment banking, publishing and leisure.  Mr. Gallagher has litigated jury and non-jury cases before federal and state trial and appellate courts throughout the United States, and has represented clients in state and federal government investigations, arbitration and administrative proceedings.

Mr. Gallagher's work in the area of antitrust includes:

• Successful prosecution of restraint of trade and monopolization claims on behalf of generic drug manufacturer Sandoz Inc. arising from a competitor’s exclusive supply agreement governing the raw material for generic warfarin sodium, a blood thinner.  Mr. Gallagher represented Sandoz in its successful appeal to the Second Circuit, which reversed the lower court’s summary judgment dismissal of Sandoz' antitrust claims, and in proceedings on remand which lead to an eve-of-trial settlement for $22.5 million and supply and license agreements on a number of products.
• Representing Novartis Pharmaceuticals Corporation (and its predecessor companies) against class and opt-out price fixing claims in the In re Brand Name Prescription Drugs Antitrust Litigation (MDL 997).  Mr. Gallagher was a member of the trial team that secured judgment as a matter of law dismissing class plaintiffs’ Sherman Act Section 1 claim, which alleged an industry-wide price fixing agreement among brand name drug companies and their wholesalers.  Mr. Gallagher currently represents Novartis Pharmaceuticals Corporation in related litigation involving Robinson-Patman Act claims brought by several thousand retail pharmacies. 
• Obtaining dismissal of monopolization claims against Royal Caribbean Cruises, Ltd. in which it was alleged that Royal Caribbean violated Section 2 of the Sherman Act by charging fees to deliver gift packages to its passengers from third party vendors.
• Defended Gerber Products Company against monopolization claims alleging predatory pricing of infant cereal.
• Represented Syngenta Seeds Inc. in a putative class action alleging a price fixing conspiracy among the major producers of genetically modified seeds.

Mr. Gallagher's broad range of commercial litigation work has included representations involving fraud and false claims, technology licenses, product supply agreements, investment banking services contracts and other commercial arrangements:

• Representing a generic drug manufacturer in a number of state Attorney General suits alleging false claims act, common law fraud, RICO and consumer protection claims based on allegations that drug manufacturers reported inaccurate pricing benchmarks, which allegedly caused state Medicaid agencies to overpay for prescription drugs provided to Medicaid beneficiaries. 
• Represented Geneva Pharmaceuticals, Inc. and Novartis Consumer Health in a complex business tort and wrongful termination action involving long-term license and manufacture agreements.  Summary judgment in favor of Geneva and Novartis Consumer Health on five of plaintiffs' claims and one of defendants’ counterclaims paved the way for settlement.
• Worked as co-counsel for a brand name drug company plaintiff in a patent infringement action concerning formulation of cyclosporine, a drug used to prevent rejection of solid organ transplants, which matter was settled with a license agreement and acknowledgment that the patent is valid and enforceable, as well as dismissal of all antitrust counterclaims.
• Pursued claims on behalf of an independent electric generation company in a complex arbitration concerning breach of a long-term power purchase agreement.  The matter involved extensive “fast track” discovery and was conducted pursuant to the Federal Rules of Evidence and the Federal Rules of Civil Procedure. 
• Pursued insurance coverage claims on behalf of a magazine publisher alleging insurance carrier and claims carrier failed to process and pay claims accurately.
• Represented investment bank seeking recovery for breach of financial advisory services contracts.
• Participated on behalf of one of the defendants in litigation seeking reparations for the actions of the South African government during the years of apartheid. 

Prior to attending law school, Mr. Gallagher, who is a certified public accountant (inactive), spent four years working as an auditor for Ernst & Young LLP (and one of its predecessors, Arthur Young & Co).

Bars and Courts
New York State Bar, 1994
New Jersey State Bar, 1994
US District Courts for the Southern and Eastern Districts of New York
US Courts of Appeals for the Ninth and Eleventh Circuits

Education
JD, St. John's University School of Law, summa cum laude, Valedictorian and Executive Articles Editor of the St. John’s Law Review, 1993
BS, University of Virigina, McIntyre School of Commerce, Beta Gamma Sigma, National Accounting Honor Society, 1986

Professional Associations and Memberships
American Bar Association
New York State Bar Association

Publications
“Recent Activity on the Brand-Generic Drug Patent Settlement Front,” Antitrust, Volume 18, No. 2, Spring 2004 (co-author with Robert Milne)
“Recent Developments in Patent Settlement Litigation,” Antitrust Report 39, Fall 2003 (co-author with David Balto)
“Statutory Rights and Predispute Agreements to Arbitrate in Contracts of Employment,” 66 St. John’s Law Review 1097, 1993

Languages
English

Citizenship
United States