Michael Rubin is a counsel in Arnold & Porter LLP's business litigation group where his practice focuses on complex litigation and government investigations.
Mr. Rubin's litigation practice includes substantial experience with major civil litigation in federal and state courts across the country covering a wide range of subjects and industries.
In antitrust, Mr. Rubin recently defended a major pharmaceutical company against "sham" antitrust claims and is representing a leading private equity firm against antitrust claims related to bidding practices. Previously, Mr. Rubin was co-lead trial counsel in one of the largest antitrust cases ever to proceed to the eve of trial. Mr. Rubin has represented numerous other companies in various industries in antitrust investigations involving the Department of Justice and Federal Trade Commission as well as other antitrust litigation.
Mr. Rubin also has substantial experience representing clients in government and internal investigations related to the Foreign Corrupt Practices Act (FCPA) and other matters involving the U.S. Securities and Exchange Commission (SEC), U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and others. Mr. Rubin has also worked closely in counseling clients on how to enhance their compliance programs and strengthen their internal accounting controls to assure compliance with the FCPA and other anti-corruption and SEC laws.
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.
Mr. Rubin has a strong commitment to pro bono work. He recently was lead trial counsel in the three-week trial in July 2013 challenging Pennsylvania's Voter ID Law. In 2012, Mr. Rubin was similarly one of the lead lawyers in obtaining the 2012 preliminary injunction against the law. Previously, Mr. Rubin established new law 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 bringing a new round of Title VII retaliation claims against the FBI.
Mr. Rubin is responsible for managing all aspects of the Firm's Staff Attorney program.
Litigation Representative Matters
- Served as lead trial counsel seeking a permanent injunction against Pennsylvania's Voter ID Law in July 2013.
- Defending Texas Pacific Group in civil antitrust claims related to the leveraged buy-out bidding practices of the leading private equity firms.
- Representing Avon Products, Inc. in an FCPA internal investigation that was self-reported to the SEC and DOJ in October 2008, including counseling Avon on compliance and internal accounting controls.
- Defended GlaxoSmithKline (GSK) in sham litigation suits arising out of unsuccessful patent infringement actions brought by GSK against generic manufacturers of Wellbutrin SR.
- Defended Visa in cases brought by American Express and Discover asserting injury from the loyalty rules of Visa and MasterCard that were enjoined in a prior DOJ action, served as co-trial counsel in the Discover case, and won summary judgment on only claim in Discover that would have affected Visa’s ongoing business relationships.
- Represented Wyeth as national counsel in all aspects of the Phen-Fen products liability litigation, including all aspects of document and deposition discovery, expert development and discovery, case strategy, and trials, including developing the expert defense strategy for the first downstream opt-out case resulting in a defense verdict and winning the first learned intermediary summary judgment.
- Served as one of the lead counsel in obtaining the preliminary injunction against Pennsylvania’s Voter ID law in 2012.
- Established new law from D.C. Circuit on Title VII’s anti-retaliation protections in pro bono discrimination and breach of contract claims against the FBI on behalf of a former FBI Special Agent.
- Represented financial, chemical and other industry clients in confidential DOJ and FTC antitrust investigations.
FCPA News and Insights
" (PDF: 15.32 MB) Feb 2014
FCPA News and Insights
" (PDF: 1.53 MB) Aug 2013