Kelly Newman

Kelly Newman is a litigation associate in the Firm's Boston office and is a member of the Firm's Global Antitrust/Competition group.

Kelly is an antitrust litigator with wide experience representing clients in both civil and criminal cases in a wide array of industries, including higher education, mining, hospitality, fintech, pharmaceutical, financial services, insurance, and energy. Ms. Newman has represented clients in bench and jury trials, as well as in appeals to the U.S. Courts of Appeals.

In 2018, Kelly was named a "Litigator of the Week" by Global Competition Review for securing reversal of class certification in the Asacol® product-hopping litigation. In 2022, Kelly was named a Law360 "Rising Star" in Competition, and in 2023, was recognized as recommended by the Legal 500 in the area of Antitrust Civil Litigation and Class Actions.

Ms. Newman also has experience representing pro bono clients in civil rights class actions and in criminal defense and has represented multiple clients in their appeals of convictions in New York state court.

Some of Ms. Newman's current and recent cases include:

• Representing Mesabi Metallics in action by Mesabi alleging that its rival monopolized and excluded Mesabi from the market; successfully obtained summary judgment on market power for Mesabi and defeated summary judgment on all antitrust and most state law claims.
• Represented Vanderbilt University in class action litigation alleging antitrust violations based on members’ participation in the 568 Presidents Group.
• Successfully represented Apex Clearing Corporation in class action alleging antitrust and tort violations in connection with what became known as the 2021 Meme Stock Short Squeeze, securing dismissal of all claims which was affirmed by the Eleventh Circuit Court of Appeals.
• Successfully represented AbbVie in its defeat of reverse-payment class action, securing dismissal of all claims, which was affirmed by the Second Circuit Court of Appeals.
• Represented Anthem as a member of the trial team in its successful case against Cigna for breach of their merger agreement at a two-week bench trial in Delaware Chancery Court. Anthem obtained relief from the US$1.85 billion reverse termination fee.
• 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 that 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.). Successfully represented Mr. Usher in follow-on action brought by the Office of the Comptroller of the Currency ("OCC"), in which the OCC dropped all charges against Mr. Usher on the eve of summary judgment.

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.