Representative Experience

• Lead national counsel for an international generic drug manufacturer in the generic drug antitrust cases coordinated in the Eastern District of Pennsylvania. Responsible for coordinating claims under federal and state antitrust laws brought by the Attorneys General of most states and purchasers and payors of generic drugs, including Medicaid agencies, wholesalers and distributors, pharmacies, insurers, and consumers.
• Lead national counsel to several drug manufacturers and a distributor of pharmaceutical products in hundreds of cases pending throughout the United States alleging the creation of a public nuisance arising from the sale and distribution of opioid products.
• Lead national counsel for a NYSE-listed generic drug manufacturer and its affiliates in government enforcement actions pending in state and federal courts throughout the country. Responsible for coordinating the defense of civil actions under the Federal False Claims Act and analogous state statutes pending in federal court and in state courts in Alabama, Alaska, Idaho, Florida, Hawaii, Illinois, Kansas, Kentucky, Louisiana, Massachusetts, Mississippi, Missouri, New York, Oklahoma, South Carolina, Texas, Utah, and Wisconsin.
• Lead counsel for international generic drug manufacturer in prosecution “pay-for-delay” antitrust action against brand manufacturer and several generic manufacturers, recovering settlements collectively in excess of US $150m on eve of submitting claims to jury following multi-week trial.
• Lead counsel for international generic drug manufacturer in successful arbitration of complex commercial dispute that injured manufacturer’s reputation in significant government funded health care market.
• Obtained a US $15.7m patent infringement verdict for NYSE-listed medical device manufacturer, following a seven-day jury trial and two days of deliberations. (This verdict is listed as #1 by Massachusetts Lawyers Weekly in “Top Verdicts of 2009.”)
• Obtained summary judgment for publicly traded generic drug manufacturer in a claim for breach of contract and unfair trade practices where plaintiffs sought recovery of actual damages equal to US $60m; successfully defended appeal.
• Represented a NYSE-listed medical device manufacturer in three-week arbitration, obtained US $30m award on behalf of client.
• Represented a generic drug manufacturer in antitrust action resulting from defendants’ attempted enforcement of invalid and unenforceable patent; obtained settlement resulting in client reporting US $100m gain in publicly filed financial statements.
• Represented venture capital firm in successful defense of efforts to obtain control of company from entrenched founders/managers.
• Obtained substantial judgment for internet search engine in multi-day arbitration claiming right to purchase-price adjustment in connection with corporate acquisition.
• Represented developer in breach of contract and unfair trade practices action, obtained order dismissing counterclaims, and obtained multi-million dollar settlement for client on first day of scheduled trial.