Ross E. Elfand
Ross Elfand is a partner in White & Case's Global Antitrust/Competition group. He concentrates on complex civil and criminal antitrust litigation and regularly represents companies and individuals on antitrust matters before enforcement agencies around the world, including the US (federal and state), the EU, India, Argentina, Chile, Mexico, and more.
Ross's work often includes representing multinational corporations in large-scale, complex, and high-risk matters, including class actions and investigations. Ross has extensive experience advising and representing companies in the pharmaceutical industry. Ross also advises companies in the technology industry regarding the intersection of data privacy and antitrust law.
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, and in their efforts to obtain asylum from the US Citizenship and Immigration Services (USCIS).
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.
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.
Representing technology companies in civil conduct investigations in the United States, India, Argentina, Chile, Mexico, and numerous other jurisdictions.
Pfizer v. J&J—Represented 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.
"Leegin Might Turn Out to Have a lot of Class," Antitrust Practitioner, Volume 6, August 2007