Robert Milne | White & Case LLP International Law Firm, Global Law Practice
Robert Milne
Robert Milne

Robert Milne

Partner, New York

T +1 212 819 8924

T +1 212 819 8200

E rmilne@whitecase.com

in LinkedIn profile

Rob “is noted as a ‘brilliant’ antitrust litigator” (Chambers USA 2014), and was twice named one of Law360’s “MVP” top lawyers nationally—in 2011 for antitrust, and in 2014 for his antitrust work in life sciences.

Overview

Rob's focus is litigation and counseling in matters of antitrust (civil and criminal) and trade regulation. He is widely recognized as a leading practitioner in these areas based on his significant track record, winning notable victories in complex, 'bet-the-company' cases where billions of dollars were at stake.

Rob offers robust representation to clients from a wide array of business sectors, and has particularly deep knowledge and experience in the pharmaceutical, construction, energy and financial services industries.

Rob has litigated jury and non-jury cases throughout the United States, including matters before the US Federal Trade Commission and other government agencies. He has also handled complex arbitration matters.

Prior to entering private practice, Rob was a trial lawyer with the Antitrust Division of the US Department of Justice, where he handled civil and criminal investigations and trials around the country.

Bars and Courts

  • New York State Bar
  • US District Court for the Eastern and Southern Districts of New York
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Eighth Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the First Circuit
  • US Supreme Court

Education

  • JD, University of Buffalo
  • BS, University of Rochester, Chemical Engineering

Languages

  • English

Experience

In re Loestrin Antitrust Litigation, ongoing

Rob is representing Warner Chilcott (now owned by Actavis) in class action litigation challenging the company's settlements of patent litigation relating to the oral contraceptive Loestrin. In 2014, Rob achieved a major victory when the district court granted Warner-Chilcott's motion to dismiss all federal antitrust claims. This decision represents only the second dismissal of a reverse payment settlement complaint, following the 'Supreme Court's FTC v. Actavis' decision, and was a significant win for his client.

In re Lipitor Antitrust Litigation, ongoing

Rob is representing Pfizer in class action litigation accusing the company of delaying generic competition to Lipitor, the largest-selling pharmaceutical of all time. The asserted claims include misconduct before the US Patent and Trademark Office and an alleged "reverse payment" patent settlement. After the court dismissed the PTO claims in 2013, Rob achieved a major victory when the court also dismissed the reverse payment claim—only the third such post-Actavis dismissal.

In re Effexor Antitrust Litigation, ongoing

Rob is representing Wyeth Pharmaceuticals in class action litigation accusing the company of delaying generic competition to Effexor XR, a blockbuster antidepressant medication. Claims include misconduct before the US Patent and Trademark Office and an alleged "reverse payment" patent settlement. In 2014, Rob achieved a significant victory when the court dismissed plaintiffs’ "reverse payment" claims—the fourth such post-Actavis dismissal.

In re Celebrex Antitrust Litigation, ongoing

Rob is representing Pfizer in defending antitrust class action claims by purchasers of Celebrex, a blockbuster medication for pain and inflammation. Plaintiffs allege a scheme to delay generic competition to Celebrex.

In re Aggrenox Antitrust Litigation, ongoing

Rob is representing Boehringer Ingelheim in class action litigation arising from alleged delay in generic competition to Aggrenox, due to a claimed “reverse payment” patent settlement.

Co-Payment Assistance Litigation, 2013

Rob successfully represented Novartis Pharmaceuticals in antitrust and RICO-based challenges to co-payment subsidy programs for brand-name pharmaceuticals, with plaintiffs withdrawing claims after motion practice.

'Black v. Bank of America et al.', 2011

Rob secured a victory for Experian, one of the three major consumer credit reporting agencies in the US, in litigation filed by a nationwide class of credit users alleging a conspiracy among major financial institutions, credit reporting agencies and credit scoring companies to fix consumer interest rates. The Western District of Pennsylvania dismissed the complaint, giving his client a complete victory.

'Fair Isaac Corporation v. Equifax, et al.', 2011

Rob secured dismissal of antitrust claims lodged by Fair Isaac Corporation against his client Experian, stemming from the formation by the three major US credit bureaus of a competing consumer credit scoring service. Rob also served as lead trial counsel for Experian in trademark claims asserted by Fair Isaac, achieving a favourable jury verdict for his client. The Eighth Circuit Court of Appeals affirmed both the antitrust dismissal and the jury’s verdict.

In re Refined Petroleum Products Antitrust Litigation, 2011

Rob worked on behalf of Saudi Aramco, the national oil company of the Kingdom of Saudi Arabia, securing the dismissal of all complaints in a series of nationwide class actions challenging the activities of OPEC and the national oil companies of its member countries under the US antitrust laws. The decision of the district court was affirmed by the Fifth Circuit Court of Appeals and the U.S. Supreme Court denied certiorari, giving his client a final victory.

In re Potash Antitrust Litigation, 2011

Rob successfully represented the Belarusian Potash Company in a series of antitrust class actions, alleging a global price-fixing scheme involving US and non-US potash producers.

'In re sanofi-aventis v. US Food and Drug Administration', 2010

Rob secured a victory on behalf of Sandoz, a major generic pharmaceuticals company, in litigation filed by sanofi-aventis seeking to invalidate approval by the US Food and Drug Administration of the first generic equivalent to sanofi's blockbuster biologic drug, Lovenox. The court’s decision allowed Sandoz to continue to sell its product, and vindicated the power of the FDA to approve generic equivalents of complex biological drug products using a flexible scientific approach.

Rx USA Antitrust Litigation, 2010

On behalf of Novartis Pharmaceutical Corporation, Rob secured affirmance by the Second Circuit Court of Appeals of the dismissal of an antitrust action accusing sixteen major pharmaceutical companies and the largest US pharmaceutical wholesalers of a group boycott in violation of the antitrust laws.

'Kaiser Foundation Health Plan v. Abbott Laboratories, et al.', 2009

Rob secured a jury verdict in favor of Sandoz, Inc. in an antitrust challenge to a claimed “reverse payment” patent settlement. In that case, Kaiser alleged that an interim settlement between Abbott and Sandoz in connection with a patent dispute delayed generic competition for one of Abbott's major branded drug products. After a trial in Federal District Court in Los Angeles, the jury found that the settlement did not delay the onset of generic competition.

Speaking Engagements

"Reverse Payments After Actavis", November 14, 2013: American Bar Association Section of Antitrust Law Fall Forum, (panelist)

"ABA Antitrust Section", September 2012: Masters Program, (faculty member)

Publications

  • Annual Update to the ABA Treatise on Antitrust Law, Editorial Board, 2014, 2013
  • Handbook of the Law of Monopolization, June 2011, (Editor)
  • Recent Developments on Antitrust in the United States, The Lawyers (Japanese Legal Periodical), November 2008
  • Antitrust Analysis of Unilateral Conduct by Intellectual Property Owners, ABA, Chapter VI, Intellectual Property and Antitrust Handbook, April 2007, (chapter Author) (co-author)
  • Recent Activity on the Brand-Generic Drug Patent Settlement Front, Antitrust, Volume 18, No. 2, Spring 2004, (co-author with Michael Gallagher)

Awards & Recognition

Leading Lawyer, Chambers USA, 2014

Antitrust

Law360's "MVP" list of top Life Sciences lawyers in the country 2014

Benchmark Litigation, Euromoney, 2014

New York, Antitrust and General Commercial

Named in The Legal 500 US, 2014

Antitrust

Law 360's "MVP" list of top antitrust lawyers in the country 2011

'40 under 40', National Law Review, 2002