Kevin C. Adam

Associate, New York, Boston

Biography

Overview

Kevin Adam is a litigation associate in the New York and Boston offices and a member of the firm's Global Competition Group. His practice focuses on complex litigation in the areas of antitrust, intellectual property, and commercial disputes. Kevin represents several leading global pharmaceutical companies, including Allergan and Boehringer Ingelheim, in class action litigation matters at the cutting edge of antitrust and intellectual property, including AGGRENOX®, ASACOL®, BOTOX®, DORYX®, and NAMENDA®. He also has experience in antitrust and commercial matters in the agricultural, aviation, banking, casino, college admissions, health insurance, oil & gas, and technology industries.

Kevin regularly speaks and writes about antitrust, class actions, drug pricing, intellectual property, and technology. He has published a number of articles in those areas and is a co-author of a book on class actions titled "Deconstructing Rule 23: A Comparison of Massachusetts and Federal Class-Action Litigation."

Kevin also has an extensive pro bono practice, with a particular focus on criminal appellate work. He has represented criminal defendants in New York's Appellate Division and the New York Court of Appeals. Most recently, Kevin successfully vacated a criminal conviction obtained by the New York Attorney General's Office in New York's First Department.

Kevin graduated from Suffolk University Law School summa cum laude in 2012, where he served as Editor-in-Chief of the Suffolk University Law Review. Prior to joining the firm, Kevin worked at the First District Court of Essex County in Salem, Massachusetts and later served as a research assistant for the Honorable John M. Greaney, former Associate Justice of the Supreme Judicial Court of Massachusetts.

Bars and Courts
New York State Bar
Massachusetts State Bar
US Court of Appeals for the Federal Circuit
US Court of Appeals for the First Circuit
US District Court for the Southern District of New York
US District Court for the District of Massachusetts
Education
JD
Suffolk University Law School
BS
Suffolk University
Languages
English

Experience

Antitrust

Represented Allergan/Warner Chilcott in litigation brought by competitor Mylan, challenging Warner Chilcott's transition to new versions of its Doryx acne treatment. Kevin and the White & Case team obtained dismissal of all of Plaintiff's claims on summary judgment, representing the first-ever victory for a defendant on a full evidentiary record in a so-called pharmaceutical "product hopping" litigation. The Third Circuit Court of Appeals affirmed the client's victory, creating the only appellate precedent in favor of a defendant in a "product hopping" case.

Defended Allergan in nationwide antitrust class action litigation regarding the company's leading Botox® Cosmetic product.

Representation of Boehringer Ingelheim in an antitrust class action challenging a patent settlement.

Representation of Allergan/Warner Chilcott in a number of antitrust class actions involving challenges to new-product introductions, patent settlements, and license agreements.

Representation of several leading innovator pharmaceutical manufacturers in multiple class action antitrust challenges to patent settlement agreements and other business arrangements between innovator and generic manufacturers.

Member of a trial team that represented a global pharmaceutical company in a preliminary injunction hearing in New York in an antitrust action challenging a new-product launch.

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.

 

Intellectual Property

Represented Pfizer in Hatch-Waxman patent litigation

Represented a global technology company in a patent dispute in the Court of Appeals for the Federal Circuit.

 

Appeals

Member of a number of appellate teams that represented clients in the First, Second, Third, D.C., and Federal Circuits.

Speaking Engagements

"Recent Antitrust Developments: March and April 2015", May 12, 2015: ABA Section of Antitrust Law, Health Care and Pharmaceuticals Committee

Publications

Understanding and Un-Tying Product Hopping Litigation, Part II: A Reply to Carrier and Shadowen, Antitrust, Vol. 33, No. 2, Spring 2019 (co-author)

United States: Pharmaceutical Antitrust 2019, Global Competition Review, Sept. 2018, (co-author with Michael Gallagher, Eric Grannon, Heather McDevitt, Kristen O'Shaughnessy, Adam Acosta, and Trisha Grant)

Doryx, Namenda, and Coercion: Understanding and Un-Tying Product-Hopping Litigation, Antitrust, Vol. 32, No. 3, Summer 2018 (co-author)

Antitrust Law Developments, Eighth Edition, American Bar Association, Oct. 2017, (contributing author)

United States: Pharmaceutical Antitrust 2018, Global Competition Review, Sept. 2017, (co-author with Michael Gallagher, Eric Grannon, Heather McDevitt, Kristen O’Shaughnessy, Adam Acosta, and Trisha Grant)

United States: Pharmaceutical Antitrust 2017, Global Competition Review, Sept. 2016, (co-author with Michael Gallagher, Eric Grannon, Heather McDevitt, Kristen O'Shaughnessy, Adam Acosta, and Trisha Grant)

Structure or Function? AbbVie Deutschland GmbH & Co. v. Janssen Biotech, Inc. and the Federal Circuit's Structure-Function Analysis of Functionally Defined Genus Claims Under Section 112's Written Description Requirement, 3 Suffolk U. L. Rev. Online 1, 2015

Deconstructing Rule 23: A Comparison of Massachusetts and Federal Class-Action Litigation, Flaschner Judicial Institute, 2013, (co-author with Lisa M. Scalisi and The Honorable John M. Greaney (ret.), Former Associate Justice of the Massachusetts Supreme Judicial Court)

Obviously Obvious: Federal Circuit Reverses District Court's Decision That Online 'Shopping Cart' Patents Are Nonobvious as a Matter of Law—Soverain Software LLC v. Newegg Inc., 1 Suffolk U. L. Rev. Online 9, 2013

Shooting the Messenger: A Common-Sense Analysis of State 'Ag Gag' Legislation Under the First Amendment, 45 Suffolk U. L. Rev. 1167, 2012

Supreme Judicial Court of Massachusetts Fails to Require Statistical Analysis for Nonexclusion DNA Test Results—Commonwealth v. Mattei, 920 N.E.2d 845 (Mass. 2010), 44 Suffolk U. L. Rev. 767, 2011

Awards and Recognition

Kevin Adam was named a "Litigator of the Week" by Global Competition Review for securing reversal of class certification in the Asacol® product-hopping litigation.

Best Business Article, Intellectual Property Category - 2018 Antitrust Writing Awards

Pro Bono Award for Outstanding Legal Service, 2016

Pro Bono Award for Outstanding Legal Service, 2015

Pro Bono Award for Outstanding Legal Service, 2014