Adam M. Acosta

Partner, Washington, DC

Biography

“Adam Acosta has a strong reputation for successfully handling government investigations and litigating cartel/conspiracy antitrust cases, including a recent string of client wins in the franchisor-franchisee, hospitality, and pharmaceutical sectors.”
Legal 500 US, 2021

Overview

Adam Acosta is a litigation partner focusing on complex and high-stakes disputes, often involving antitrust, consumer-protection, and other commercial claims.

Recognized by Legal 500 US in the Antitrust Cartel and Class Action Defense categories, Adam is described as "a key player in complex cartel litigation" (Legal 500 US, 2022) and "very knowledgeable" about "responding to government antitrust investigations" (Legal 500 US, 2021). In 2022, he was also recognized as a "Leading Litigator in America" by Lawdragon 500 and named "MVP" by Law360 in Life Sciences.

Adam has helped clients achieve significant victories at virtually all stages of complex litigation in federal and state courts. Some of those major victories include:

  • dismissal of all antitrust, consumer-protection, and False Claims Act claims in a series of cases alleging "sham" patent litigation—the client was the only defendant dismissed in all three cases (Zytiga, D.N.J.);
  • dismissal of all federal and state antitrust claims in a product-tying case (Tim Hortons, S.D. Fl.);
  • defeating a motion for class certification in a reverse-payment case (AndroGel, N.D. Ga.);
  • prevailing at summary judgment in a product-hopping case (Doryx, E.D. Pa.);
  • securing a complete defense verdict as part of the trial team in a price-fixing case (Toshiba, N.D. Cal.).

In the pre-litigation context, Adam has successfully resolved numerous government investigations before the DOJ's Antitrust Division, the Federal Trade Commission, and various state attorneys general, all without those agencies obtaining any injunctive, monetary, or other relief.

Adam also routinely works with clients on compliance and competition-related counseling involving competitor collaborations, competitive intelligence, trade associations, information exchanges, and various other business initiatives.

As immediate past President of the Hispanic Bar Association of the District of Columbia (HBA-DC), Adam led one of the largest and most active bar associations in the Washington, DC area. He has served as a board member for HBA-DC since 2015 and is active in the American Bar Association's Antitrust Section.

Before joining White & Case, Adam completed a two-year clerkship in the US District Court for the Southern District of Indiana.

Bars and Courts
District of Columbia Bar
Indiana State Bar
US District Court for the District of Columbia
US District Courts for the Southern and Northern Districts of Indiana
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US Supreme Court
Education
JD
Howard University School of Law
BA
University of Maryland College Park
Languages
English

Experience

Antitrust and Consumer-Protection Litigation

  • Successful defense of Boston Scientific's subsidiary BTG International Ltd. against "sham litigation" claims related to patent litigation for Zytiga®. The district court dismissed all antitrust and consumer-protection claims by direct and indirect-purchaser plaintiffs as well as claims by a Qui Tam plaintiff under the False Claims Act. BTG was the only defendant dismissed in all three cases.
  • Successful opposition to 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.
  • Successful defense of Restaurant Brands International and Tim Hortons, obtaining dismissal of all federal and state product-tying claims at the motion-to-dismiss stage.
  • Successful defense of 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.
  • Successful defense of Warner Chilcott against "product hopping" claims in the Doryx® antitrust litigation, securing the first ever grant of summary judgment against such claims. The Third Circuit affirmed on appeal.
  • Successful defense of 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 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 an unrelated matter.
  • Successful defense of Par Pharmaceutical and Paddock Laboratories in the In re AndroGel Antitrust Litigation, obtaining a voluntary dismissal with prejudice of all indirect-purchaser class-action claims at the end of discovery with zero damages, no liability, and no injunctive relief.
  • Successful defense of 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 an interlocutory appeal, ultimately vacating a federal district court's certification of an indirect-purchaser class.

Government Investigations

  • Successfully counseled internet/tech company concerning a consumer-protection investigation by the FTC’s Bureau of Consumer Protection.
  • Successful representation of entertainment/hospitality client in a conduct investigation by the DOJ's Antitrust Division and a state attorney general. The agencies did not take any legal action or obtain any relief from the client.
  • Successful representation of construction/manufacturing client in multiple price-fixing investigations by the FTC and the DOJ's Antitrust Division. The agencies did not take any legal action or obtain any relief from the client.
  • Successful representation of two companies in an investigation by a state attorney general involving their enforcement of intellectual property rights. The state attorney general did not take any legal action or obtain any relief from the client.
  • Successful representation and antitrust approval from the FTC related to Federal Mogul’s acquisition of Affinia Group, Inc.’s chassis-components business.
  • Routinely counsels companies in responding to Civil Investigative Demands (CIDs) issued by the DOJ's Antitrust Division and the FTC.

Antitrust Counseling and Collaborations

  • Counseled global tech company on various regulatory initiatives related to competition in the European Union.
  • Counseled national foodservice distributor concerning a proposed multi-billion-dollar acquisition.
  • Counseled global pharma company concerning information exchanges and competitive intelligence, developing an antitrust compliance program focusing on the United States, Europe, and Asia.
  • Counseled global pharmaceutical company concerning pricing and supply chain issues.
  • Counseled global gaming company concerning potential antitrust issues related to acquisitions.
  • Counseled global automotive manufacturer on antitrust compliance and training.
  • Routinely counsels pharmaceutical companies in connection with settling patent litigation and reporting requirements under the Medicare Prescription Drug, Improvement, and Modernization Act (MMA).