Ross E. Elfand

Partner, New York

Biography

Overview

Ross Elfand is a partner in White & Case's global antitrust practice.  He is a seasoned antitrust trial lawyer who has served as lead and co-lead counsel in high profile matters on behalf of leading pharmaceutical and technology companies.  He regularly represents companies as the lead advocate before competition enforcement agencies, including the Federal Trade Commission, state attorneys general offices, and other agencies around the world.  

Ross often serves as co-lead counsel in large-scale, complex, and high-risk matters, including multi-district cartel and monopolization cases in the United States.  Ross is a skilled litigator of claims involving the interplay between intellectual property and antitrust laws in the pharmaceutical industry.  

Ross is a trusted legal advisor on antitrust risks associated with product developments, contracting, marketing, joint ventures, and patent-related issues.  He also advises companies in the technology industry regarding the intersection of global privacy and competition laws.  

Ross is committed to pro bono service.  Ross participated in the Firm's three-month externship program with inMotion (now known as Her Justice) where he served as lead counsel in divorce and child custody cases on behalf women who were victims of domestic violence.  Currently, Ross is representing a group of impoverished debtors in class action litigation against the City of Ferguson, Missouri.

Ross is also a member of the White & Case Antitrust Racial Justice Task Force, a coalition of over 90 attorneys and staff members across the Firm's global network taking concrete action in the areas of criminal justice reform, education, and economic development.
 

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

Experience

Global Investigations

Representing technology companies as global counsel in competition investigations by enforcement agencies in the United States, Europe, India, Argentina, Chile, Mexico, and numerous other jurisdictions.

Pharmaceutical Antitrust 

Pfizer v. J&J—Represented Pfizer as co-lead counsel 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 as co-lead counsel 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 in class action litigation challenging the company's settlements of patent litigation relating to the oral contraceptive Loestrin.

Cartel

In re Domestic Drywall Antitrust Litigation—Represented CertainTeed Gypsum in the homebuilders’ opt-out antitrust litigation alleging price fixing among producers of drywall products.    

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 where the Plaintiff alleged damages of over $2 billion, the jury unanimously found no liability against Toshiba. In an earlier six-week trial, the jury found no recoverable damages against Toshiba where the Plaintiffs alleged class-wide damages of nearly $3 billion.  

Successfully defended Toshiba as the lead for the defense group in three separate state antitrust actions filed by state attorneys general in Mississippi, Washington, and Illinois, alleging price-fixing of LCD panels.

Fair Isaac Corporation v. Equifax, et al.—Represented Experian Information Solutions, Inc. in an action brought by FICO, the dominant provider of consumer credit risk scoring services, against the three major U.S. credit bureaus alleging collusion and trademark violations in the sale of credit scoring services, securing summary judgment on the antitrust claims and a jury verdict on the trademark claims. The jury also found that FICO committed fraud on the U.S. Patent and Trademark Office in procuring registration of the trademark.  Secured affirmation of both the antitrust dismissal and the jury's verdict on appeal to the Eighth Circuit Court of Appeals.