Gabriella E. Bensur
Biography
Overview
Gabriella E. Bensur is a litigation associate in White & Case's New York office and a member of the Firm's award-winning Global Antitrust/Competition Group.
Gabriella has litigated on behalf of some of the world's largest and most innovative companies—such as Meta and Boehringer Ingelheim—in the pharmaceutical, technology, food and beverage, and insurance industries. Her practice focuses on complex litigation in the areas of antitrust and other commercial disputes, regularly defending clients against class action litigation and federal, state, and international investigations. She brings teams together through a diverse and collaborative management style that encourages creative and efficient problem-solving on behalf of her clients. Gabriella has experience handling client needs from pre-litigation and antitrust counseling through trial and appeal.
Gabriella has represented several leading global pharmaceutical and technology companies in class action litigation matters at the cutting edge of antitrust law. Of particular note, she was a key member of a team representing a major pharmaceutical company in a class action lawsuit relating to its HIV product portfolio, where plaintiffs alleged that innovative joint ventures, lawful settlements with generics, and the procompetitive development of life-saving products were part of an anticompetitive scheme. The team vigorously defended the company's history of innovative collaboration and competition in HIV medicines.
Gabriella has also been active in a variety of pro bono matters, with a particular interest in representing victims of domestic violence in family court proceedings, securing divorce, child support, and safe custody and visitation rulings for her many clients. She additionally has represented low-income individuals in employment and civil rights litigations in both state and federal court, worked with the National Women's Law Center on reproductive justice projects, obtained citizenship and visas for immigrants, worked on clemency applications for incarcerated individuals, and secured family guardianship for adults with disabilities.
Gabriella is currently the co-chair of the White & Case New York Women's Alliance, pioneering educational programming for the Firm and founding a women's mentoring program that serves 250+ attorneys and business services professionals. She is an active member of White & Case's LGBTQ+ network, Spectrum, and on the Board of Trustees for Point Foundation, the LGBTQ+ scholarship fund, where she supports and mentors queer youth.
Experience
Representing Gilead in a class action lawsuit relating to Gilead's HIV product portfolio, where plaintiffs allege that innovative joint ventures, lawful settlements with generics, and the procompetitive development of life-saving products were actually unlawful. The team is vigorously defending Gilead's history of innovative collaboration and competition in HIV medicines. The case is set for trial in August 2022.
Representation of Allergan/Warner Chilcott in a reversal of class certification by the First Circuit US Court of Appeals. The ruling bans the widespread use of aggregate proof and post-trial affidavits as a substitute for fact-finding by juries under the Seventh Amendment of the US Constitution and Rule 23.
Successful representation of Allergan in nationwide antitrust class action litigation regarding the company's leading Botox® Cosmetic product. The plaintiffs sought to prevent competition by blocking an exclusive license agreement that would create new competition in the sale of injectable neurotoxins in the United States.
Served as a member of a team that handles all international litigation for Facebook, including matters implicating international data protection, privacy, defamation, hosting provider liability, intellectual property and censorship laws, with focus on German litigation matters.
Representation of pharmaceutical company Boehringer Ingelheim against allegations of an anticompetitive "reverse payment" patent settlement relating to the blockbuster drug Aggrenox®.
Successful pursuit of damages for Chinese juice manufacturer based on breach of contract and fraud.
Counseling to Kenyan company for compliance with Foreign Corrupt Practices Act.
