Michael Rubin has defended a range of complex antitrust litigation, including preparing multiple cases for trial and managing all aspects of pretrial strategy and discovery. He has extensive experience in both litigation and government investigations involving rule of reason and per se Sherman Act claims for monopolization, conspiracy, price-fixing, bid-rigging, and other cartel matters, including civil actions following government proceedings. He has represented a wide range of antitrust clients including Fujikura, Texas Pacific Group, GlaxoSmithKline, and Visa in class, individual, and state attorneys general actions and as part of complex MDL proceedings across the country.
Mr. Rubin also has represented and counseled clients in government and internal FCPA investigations and other matters involving the SEC and DOJ. Additionally, Mr. Rubin has counseled clients on enhancements to their compliance programs and internal accounting controls.
In products liability, Mr. Rubin has more than eight years of experience in complex, multi-jurisdictional pharmaceutical litigation involving tens of thousands of cases, including participation in multiple successful trials. During that work, Mr. Rubin developed extensive experience working with medical and other technical experts, including in the fields of statistics, epidemiology, cardiology, pulmonology, and pathology.
Mr. Rubin has a strong commitment to pro bono work. In July 2013, he served as lead trial counsel in the national-profile, three-week trial challenging Pennsylvania's Voter ID Law. This victory followed two preliminary injunction hearings in 2012 and an emergency appeal to the Pennsylvania Supreme Court. Previously, Mr. Rubin established new law before the DC Circuit Court of Appeals on Title VII's anti-retaliation protections in Rochon v. Gonzalez, 438 F.3d 1211 (D.C. Cir. 2006), representing one of the most famous FBI Title VII victims in another round of retaliation by the FBI.
Experience
- In re Automotive Parts Antitrust Litigation, 2:12-cv-100 (E.D. Mich.). Defending multiple Japanese auto parts suppliers in direct and indirect purchaser class and individual actions related to auto parts bidding, including defending state attorney general litigation; obtained only summary judgment against certain class plaintiffs in the auto parts MDL.
- Visa Inc. Defending multiple individual and class cases, including, among other things, successive debit monopolization claims brought by competing debit networks, monopolization and conspiracy claims by American Express and Discover asserting injury from loyalty rules of Visa and MasterCard, and merchant class and individual actions related to the setting of interchange fees and other network rules.
- Dahl v. Bain Capital Partners, LLC., No. 07-12388 (D. Mass.). Defended private equity firm in civil cartel claims related to leveraged buy-out bidding practices.
- In re Wellbutrin SR Antitrust Litigation, No. 04-5525 (E.D. Pa.). Defended multi-national pharmaceutical company in sham litigation direct and indirect purchaser class actions.
- Financial, chemical, and other industry clients in confidential DOJ, FTC, and SEC investigations and third-party subpoenas.
- In re Diet Drugs (Phentermine/Fenfluramine/ Dexfenfluramine) Products Liability Litigation, No. 99-20593 (E.D. Pa.). Defended large pharmaceutical company as national counsel in all aspects of products liability litigation.
- Applewhite v. Commonwealth of Pennsylvania, No. 330-MD-2012 (Pa. Commw. Ct.). Lead trial counsel in successful challenge to Pennsylvania's Voter ID Law.
- Rochon v. Gonzalez, 438 F.3d 1211 (D.C. Cir. 2006). Lead counsel representing former FBI Special Agent in establishing new law on Title VII's anti-retaliation protections in pro bono discrimination and breach of contract claims against the FBI.
Credentials
Education
- J.D., Yale Law School, 1998
- B.A., Amherst College, 1995
Admissions
- District of Columbia
- New York
- Various Federal Courts