Representative Antitrust and Commercial Litigation

• Successfully defended AbbVie in the Bystolic® "reverse payment" litigation challenging six so-called "side deals," obtaining complete dismissal under Rule 12(b)(6) of all antitrust and consumer-protection claims filed by direct-purchaser, indirect-purchaser, and opt-out retailer plaintiffs. The Second Circuit affirmed on appeal.
• Successfully defended Toshiba in a multi-billion dollar price-fixing case as part of the trial team that won a complete defense verdict after a multi-week jury trial.
• Successfully defended Tim Hortons and Restaurant Brands International, obtaining a Rule 12(b)(6) dismissal of all franchise product-tying and breach-of-contract claims where certain franchisees alleged they were forced to purchase supplies at inflated prices.
• Successfully defended Boston Scientific's subsidiary BTG International against "sham litigation" claims related to patent litigation for Zytiga®. The district court dismissed all antitrust and consumer-protection claims as well as claims by a Qui Tam plaintiff under the False Claims Act. BTG was the only defendant dismissed in all three cases.
• Successfully defended Warner Chilcott against "product hopping" monopolization claims in the Doryx® antitrust litigation, securing the first ever grant of summary judgment against such claims. The Third Circuit affirmed on appeal.
• Successfully defended Apex Clearing Corporation as part of the appellate team securing a complete win in the Eleventh Circuit, which affirmed a Rule 12(b)(6) dismissal of common law tort and securities challenges relating to so-called "short squeeze" efforts by traders of meme stocks.
• Successfully opposed direct-purchaser plaintiffs' motion for class certification in the AndroGel® "reverse payment" litigation in which plaintiffs sought several billion dollars in alleged class damages. The court denied the motion for class certification in its entirety.
• Successfully defended Allergan related to alleged "reverse payment" and "product hopping" claims in the Asacol® antitrust litigation. On the eve of opening arguments, the First Circuit stayed the trial and granted a rare interlocutory appeal, ultimately vacating the federal district court's certification of an indirect-purchaser class.
• Successfully defended Gilead Sciences in the In re HIV Antitrust Litigation, including by (i) securing dismissal of all "product hopping" and joint-venture claims on summary judgment, (ii) obtaining dismissal of a direct-purchaser complaint on statute-of-limitations grounds, despite allegations of fraudulent concealment, and (iii) defeating a motion to certify a class consisting of direct purchasers of HIV treatment Complera®. A jury subsequently found for defendants on all remaining claims at trial.
• Successfully defended Par Pharmaceutical and Paddock Laboratories in the seminal FTC v. Actavis litigation concerning "reverse payment" claims. After the US Supreme Court's decision in FTC v. Actavis, Inc., 570 U.S. 136 (2013) and follow-on litigation by the FTC in federal district court, the FTC voluntarily dismissed its claims with prejudice for zero damages, no liability, and no injunctive relief beyond that already agreed to previously by the client's corporate parent in a prior unrelated matter.
• Successfully defended a multi-national company in royalty disputes under license agreements, implicating over a billion dollars in alleged underpayments.
• Successfully secured full indemnification for licensor concerning a multi-million dollar dispute filed against both the licensor and licensee.
• Successfully enforced non-class arbitration provision in distribution agreement, eliminating billions of dollars in alleged class-wide damages.

Representative Government Investigation and Compliance Matters

• Successfully represented global technology company concerning a consumer-protection investigation by the US Federal Trade Commission's Bureau of Consumer Protection.
• Successfully represented professional sports organization in various merger and non-merger investigations by the US DOJ's Antitrust Division, the Canadian Competition Bureau, and several US state attorneys general.
• Successfully represented global manufacturing client in multiple price-fixing investigations by the FTC and the DOJ's Antitrust Division.
• Successfully represented global manufacturing company related to a government antitrust investigation in the middle east concerning alleged bid-rigging practices.
• Successfully counseled social-media company on various regulatory proposals in the EU related to competition.
• Successfully counseled global pharmaceutical company concerning information exchanges and competitive intelligence, developing an antitrust compliance program focusing on the United States, Europe, Latin America, and Asia.
• Successfully counseled global retailer on warranty risks and compliance under federal and state laws.
• Successfully counseled global automotive company on franchise-dealer laws and compliance.
• Successfully counseled international trade association concerning the FTC's proposed rule on non-compete agreements.
• Successfully represented Federal Mogul in an FTC investigation concerning the acquisition of Affinia Group, Inc.'s chassis-components business.
• Successfully represented two pharmaceutical companies in an investigation by a state attorney general involving their enforcement of patent rights.