Kelly Newman is an associate in the Antitrust/Competition group in the Firm's Boston office. Ms. Newman's practice focuses on antitrust litigation, representing clients in both criminal and civil cases in the pharmaceutical, insurance, energy, and financial services industries. Ms. Newman has represented clients in bench and jury trials, as well as in appeals to the US Courts of Appeals.
Ms. Newman also has experience representing pro bono clients in the area of criminal defense and has represented multiple clients in their appeals of convictions New York state court.
During law school, Ms. Newman interned at the United States Attorney's Office in the District of Massachusetts and with the Honorable Gary S. Katzmann, Associate Justice of the Massachusetts Appeals Court. Ms. Newman also served on the editorial board of the Harvard Civil Rights—Civil Liberties Law Review.
Representing Pfizer in litigation alleging that J&J engaged in a multifaceted exclusionary contracting scheme to foreclose biosimilar competition to Remicade.
Represented Anthem as a member of the trial team in its case against Cigna for breach of their merger agreement at a recent two-week bench trial in Delaware Chancery Court. Anthem is seeking relief from the US$1.85 billion reverse termination fee and more than US$20 billion in damages.
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.
Member of the trial team that defended a London-based currency trader, Richard Usher, against charges he conspired to fix prices in the global foreign exchange (forex) market. Mr. Usher was acquitted at trial. United States v. Usher et al., 1:17-cr-00019 (S.D.N.Y.).
Key member of trial team that represented Anthem, Inc. against claims brought by the US Department of Justice to block Anthem's US$54 billion acquisition of Cigna Corporation, as well as member of the appellate team in appeal before the DC Circuit and petition for a writ of certiorari to the US Supreme Court.
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.
Representation of employee of development bank in criminal prosecution in federal court based on the Foreign Agent Registration Act.
Member of trial team representing a global pharmaceutical company in a preliminary injunction hearing in the Southern District of New York in an antitrust action challenging a new product launch.
Kelly Newman was named a "Litigator of the Week" by Global Competition Review for securing reversal of class certification in the Asacol® product-hopping litigation.