Ross E. Elfand

Partner, New York

Biography

Overview

Ross Elfand is a partner in White & Case's Global Competition group. He concentrates on complex civil and criminal antitrust litigation and antitrust counseling.

Ross’s work often includes representing multinational corporations in large-scale, complex, and high-risk matters, including class actions and investigations by various federal and state agencies, including the Department of Justice, Federal Trade Commission, and state attorneys general.  Ross represents clients in antitrust disputes before state and federal courts across the country.  

Ross is committed to pro bono service.  As part of the Firm's pro bono efforts, Mr. Elfand participated in the Firm's three-month externship program with inMotion, Inc. (now known as Her Justice), where he served as lead counsel in court proceedings for women who were victims of domestic violence in matrimonial and family law matters.    

Ross also represents clients pro bono in their appeals from criminal convictions.  

Currently, Ross is representing a group of impoverished debtors in class action litigation against the City of Ferguson, Missouri, challenging the City’s conduct in jailing individuals indefinitely and without representation when they were unable to make payment to the City arising from traffic tickets or other minor offenses.

Bars and Courts
Florida State Bar
New Jersey State Bar
New York State Bar
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US Supreme Court
Education
JD
Brooklyn Law School
BA
Emory University
Languages
English

Experience

Pfizer v. J&J—Representing Pfizer in ground-breaking litigation challenging Johnson & Johnson's multifaceted scheme to maintain its monopoly over its blockbuster drug, Remicade, and foreclose biosimilar competition.

In re Aggrenox Antitrust Litigation—Defended Boehringer Ingelheim in class action multidistrict litigation arising from alleged delay in generic competition to Aggrenox, due to a claimed "reverse payment" patent settlement, and obtained appellate victory in challenge to class action settlements.

In re Loestrin Antitrust Litigation—Represented Warner Chilcott (now owned by Actavis) in class action litigation challenging the company's settlements of patent litigation relating to the oral contraceptive Loestrin.

In re TFT-LCD (Flat Panel) Antitrust Litigation—Successfully defended Toshiba in civil cases involving allegations of price-fixing of LCD panels, including two class actions and numerous opt-out cases. After a six-week trial during the summer of 2013 where the Plaintiff alleged damages of over $2 billion, the jury unanimously found no liability against Toshiba. In an earlier six-week trial during the summer of 2012, the jury found no recoverable damages against Toshiba after the Plaintiffs alleged class-wide damages of nearly $3 billion. The case was named the 2012 "Litigation of the Year" by Global Competition Review, and was recognized by the Financial Times in its US Innovative Lawyers 2012 special report.

Successfully defended Toshiba in three separate state antitrust actions filed by State Attorneys General in Mississippi, Washington, and Illinois, as follow-on actions to the MDL in In re TFT-LCD (Flat Panel) Antitrust Litigation.

Fair Isaac Corporation v. Equifax, et al.—Secured dismissal of antitrust claims lodged by Fair Isaac Corporation against Experian, stemming from the formation by the three major US credit bureaus of a competing consumer credit scoring service. Secured favorable jury verdict for Experian in trademark claims asserted by Fair Isaac. The Eighth Circuit Court of Appeals affirmed both the antitrust dismissal and the jury's verdict.

Publications

"Leegin Might Turn Out to Have a lot of Class," Antitrust Practitioner, Volume 6, August 2007