Michael Rubin is Counsel in Arnold & Porter LLP's Business Litigation group where his practice focuses on complex litigation and government investigations, with substantial experience in the areas of antitrust, FCPA, products liability, and other litigation matters.
Mr. Rubin's litigation practice focuses on major civil litigation in federal and state courts across the country covering a wide range of subjects and industries, including direct and indirect purchaser class actions.
In antitrust, Mr. Rubin has extensive experience with civil antitrust litigation ranging from Section 1 and 2 claims to bid-rigging to other cartel matters. For example, Mr. Rubin is currently defending a Japanese auto parts supplier against allegations of price-fixing in the sale of Wire Harness Products. He has defended a major pharmaceutical company against "sham" litigation claims and is currently representing a leading private equity firm against claims of bid-rigging. Previously, Mr. Rubin was co-lead trial counsel in one of the largest antitrust cases ever to proceed to the eve of trial in Discover v. Visa. Mr. Rubin has also represented numerous companies in confidential investigations by the Department of Justice (DOJ) and Federal Trade Commission (FTC), including clients in financial, chemical, and other industries.
Mr. Rubin also has substantial experience representing and counseling clients in government and internal investigations related to the Foreign Corrupt Practices Act (FCPA) and other matters involving the US Securities and Exchange Commission (SEC) and DOJ. For example, Mr. Rubin was one of the lead counsel in an FCPA investigation of a cosmetics company involving an internal investigation and related compliance reviews that ranged from China to India to Russia and to multiple other countries. Additionally, Mr. Rubin has counseled 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. During that work, Mr. Rubin developed extensive experience working with medical and science experts, including in the fields of cardiology, pulmonology, pathology, epidemiology, and statistics.
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, which resulted in a precedent-setting decision striking down Pennsylvania’s Law as unconstitutional despite US Supreme Court precedent to the contrary. This victory followed two preliminary injunction hearings in 2012 and an emergency appeal to the Pennsylvania Supreme Court. 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. As part of that work, Mr. Rubin has significant experience in the area of e-Discovery and efficiently and cost-effectively managing large-scale document collections, reviews, and productions.
Litigation Representative Matters
- Served as lead trial counsel challenging Pennsylvania's Voter ID Law and successfully obtained permanent injunction.
- Defending Fujikura in civil antitrust claims related to auto parts bidding practices in connection with the government's ongoing investigation into the Japanese auto parts industry.
- 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.
- 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
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FCPA News and Insights
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