Kellie Lerner

Kellie Lerner

Partner

Co-Chair, Antitrust and Trade Regulation Group;
Pronouns: she/her

Experience

Kellie Lerner has nearly two decades of experience litigating high stakes antitrust disputes on behalf of both plaintiffs and defendants in federal courts throughout the country. Ms. Lerner currently serves in leadership positions in BCBSM, Inc. v. Vyera Pharmaceuticals, LLC, et al., In re Merck Mumps Vaccine Antitrust Litig., In re Hard Disk Drive Suspension Assemblies Antitrust Litig., and Sterk, et al. v. The Bank of Nova Scotia, et al. She previously represented a publicly traded corporation where she successfully obtained a complete dismissal of a federal and multi-state antitrust class action filed against her client. She also counsels generic pharmaceutical, alternative energy and entertainment companies on competition issues. Ms. Lerner is also principally responsible for identifying and initiating new antitrust actions at the firm. In this capacity, she has initiated the first antitrust class action lawsuits in the country in dozens of actions that have ultimately resulted in billions of dollars in recoveries for victims of anti-competitive conduct.

In 2020, Ms. Lerner was selected by the New York Law Journal for its “Distinguished Leader” award, which honors attorneys in leadership positions who achieved impressive and positive results over the past year. In 2019, The National Law Journal named her as one of the "Elite Women of the Plaintiff's Bar," and the New York Law Journal recognized her as a "New York Trailblazer." Ms. Lerner has also been recognized for the last four consecutive years as a leading practitioner in Antitrust law in the Chambers USA Guide, in which she has been praised by her peers for her ability to "get large teams of people to work effectively together," as well as for being a “zealous advocate.” Also according to Chambers, “She is a brilliant tactician and a fierce litigator. She does this while maintaining a cordial relationship both with other plaintiffs' counsel and with defense counsel.” In recent years, Ms. Lerner has also been selected by Benchmark Litigation as a “Litigation Star” (2022 Edition), by The National Law Journal as an "Antitrust and M&A Trailblazer" (2016), by New York Law Journal as one of 44 competition lawyers under 40 “who have made their mark on the New York legal community,” and by Law360 in its “Rising Star” list of five competition lawyers under the age of 40 to watch. The Legal 500 USA has also praised Ms. Lerner for her “superior intellect, determination and political savvy in getting the job done.” In 2018, she was the recipient of Inside Counsel's "National Women in Law" Award. A frequent author and lecturer, Ms. Lerner is a recognized voice on all issues of antitrust law and her opinions have been quoted in The Washington Post, Bloomberg Businessweek, Yahoo News, and CBS MoneyWatch, among other publications. 

Ms. Lerner is a member of the Executive Committee and Chair of Diversity for the Antitrust Section of the New York State Bar Association, a member of the Advisory Board of the Institute of Consumer Antitrust Studies of the Loyola University Chicago School of Law, Co-Chair of the National Association of Women Lawyers' Litigation Affinity Group, Executive Committee Member and Secretary of The Committee to Support the Antitrust Laws (COSAL), and an Editor of the ABA Antitrust magazine.

Ms. Lerner co-founded Roseann’s Gift, an organization named for her late mother and dedicated to raising research funding to cure lung cancer. The organization is funding lung cancer research at Weill Medical College of Cornell University. She is a member of the Tri-State Area Advisory Board of Jumpstart, which works to provide equal access to literacy education for preschool children in under-resourced communities and was previously a member of the Board of Directors for the Jewish Community Project Downtown, an organization that was formed in the wake of the September 11th attacks to revitalize the Jewish community in lower Manhattan. She currently provides pro bono assistance to KIND (Kids In Need of Defense) and has previously provided assistance to the Transgender Legal Defense and Education Fund, AARP and the Lawyers Committee for Civil Rights Under the Law.

BCBSM, Inc. v. Vyera Pharmaceuticals, LLC, et al.: Interim Lead Counsel for indirect purchasers alleging that Martin Shkreli and his former companies illegally monopolized the market for the life-saving drug Daraprim.

Anastasio, et al v. Total Gas & Power North America, Inc.: Involving an alleged unlawful trading scheme to manipulate the index settlement prices of natural gas as well as the prices of physical natural gas and natural gas futures contracts.

Insulate SB, Inc. v. Advanced Finishing Systems, Inc., Lead counsel for fluid-handling equipment manufacturer Graco Inc. in putative nationwide antitrust class action alleging unlawful business acquisitions and boycott, exclusive-dealing, and monopolization conspiracies. We obtained the dismissal of all claims with prejudice, 2014 U.S. Dist. LEXIS 31188 (D. Minn. Mar. 11, 2014), and we represented Graco in the appeal, where the judgment was affirmed. __ F.3d __, 2015 U.S. App. LEXIS 14233 (8th Cir. Aug. 13, 2015).

In re Merck Mumps Vaccine Antitrust Litigation: Involving an alleged decade-long scheme to falsify efficacy data and maintain a monopoly in the market for the mumps vaccine.

In re Flat Glass II Litigation: Over $22 million settlement on behalf of direct purchasers of construction flat glass. (Prior to joining Robins Kaplan LLP)

In re Puerto Rican Cabotage Antitrust Litigation: $52 million settlement for an alleged conspiracy to fix the prices of ocean freight services between the continental United States and Puerto Rico. (Prior to joining Robins Kaplan LLP)

In re Abbott Labs Norvis Antitrust Litigation: $10 million settlement stemming from Abbott Laboratories’ price increase of Norvir, which provides for a payment to non-profit organizations serving individuals with HIV. (Prior to joining Robins Kaplan LLP)

In re TriCor Indirect Purchaser Antitrust Litigation: $65.7 million settlement for claims that the price charged for Tricor was inflated because of anticompetitive conduct, including product hopping in order to unlawfully suppress generic competition.  (Prior to joining Robins Kaplan LLP)

Benchmark Litigation Star 2022
Ranked in Chambers USA 2021
Super Lawyers 2021
2018 Profiles in Diversity Leader Award
  • Global Competition Review: Women in Antitrust (2021)
  • Benchmark Litigation: Future Star (2016-2021)
  • Benchmark Litigation: Litigation Star (2022 Edition)
  • Chambers USA: Antitrust New York: Band 1 (2018-2021)
  • Crain’s New York Business: Notable Woman in Law (2020)
  • New York Law Journal: Distinguished Leader (2020)
  • Who’s Who Legal: Competition (2020)
  • New York Law Journal: New York Trailblazer (2019)
  • The National Law Journal: Elite Woman of the Plaintiff’s Bar (2019)
  • Super Lawyers: New York Metro Super Lawyer (2018-2021)
  • Corporate Counsel/InsideCounsel: National Women in Law (2018)
  • The Legal 500: Recommended in the Field of Class Action-Antitrust (2013-2018)
  • Profiles in Diversity Journal: Diversity Leader (2017)
  • The National Law Journal: Antitrust and M&A Trailblazer (2016)
  • Profiles in Diversity Journal: Woman Worth Watching (2015)
  • New York Law Journal: Rising Star (2013)
  • Law360: Competition Rising Star (2012)
  • Roseanne’s Gift, Co-Founder
  • Jumpstart, Advisory Board
  • KIND (Kids In Need of Defense), Volunteer Lawyer
  • Jewish Community Project, Board Member (2014-2018)
Bar Admissions
  • New York
  • New Jersey
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, New Jersey
Education
  • Rutgers Law School, Dean's Merit Scholar, J.D. (2003)
  • Rutgers University, B.A., cum laude, Phi Beta Kappa (1999)
Professional Associations
  • New York State Bar Association, Antitrust Section; Executive Committee Member and Chair of Diversity
  • National Association of Women Lawyers, Litigation Affinity Group Co-Chair
  • American Bar Association, Section of Antitrust Law; Editor, Antitrust Magazine
  • The Committee to Support the Antitrust Laws, Executive Committee Member and Secretary
  • Institute of Consumer Antitrust Studies of the Loyola University Chicago School of Law, Advisory Board Member
  • New York Women in Antitrust Group, Chair

  • Leading Voices in Private Enforcement: Insights on Bringing and Litigating Successful Antitrust Cases
    Panelist, 14th Annual Private Antitrust Enforcement Virtual Conference (November 12, 2020)
  • Are You Down with APP (Algorithmic Pricing)
    Webinar, American Bar Association (November 3, 2020)
  • A Conversation With Women in Government Antitrust Enforcement
    Moderator, New York Women in Antitrust Group Panel, New York, New York (May 28, 2020)
  • Noerr-Pennington Immunity and “Sham” Petitioning Developments in the Pharmaceutical Industry
    New York State Bar Association, New York, New York (April 9, 2019)
  • Blunt Instrument or Surgical Blade: Is Section 2 of the Sherman Act the Right Tool to Address Financial Market Manipulation?
    New York State Bar Association, New York, New York (January 17, 2019)
  • Role of Market Power in the Digital Economy
    New York State Bar Association, New York, New York (January 25, 2018)
  • Women in Antitrust – The Times They Are A-Changing
    New York State Bar Association – Antitrust Law Section, New York, New York (January 24, 2018)
  • Class Action Reform Necessary or Nocuous
    American Bar Association, New York, New York (January 17, 2018)
  • Class Action Settlements for Antitrust Practitioners and In-house Counsel
    Practising Law Institute (PLI), New York, New York (June 21, 2017)
  • REMS Litigation Key Insights From Government and Private Practitioners
    Panel Moderator, American Bar Association, Webinar (June 16, 2016)
  • Communicating Without Signaling: Antitrust Compliant Public Communications
    Webinar, American Bar Association, Section of Antitrust Law (May 2, 2016)
  • Antitrust Legislation in Congress in 2016 A Preview
    American Bar Association, Section of Antitrust, Webinar (February 17, 2016)
  • Antitrust Criminal Penalty Enhancement and Reform Act
    American Bar Association, Webinar (October 26, 2015)
  • Objectors: Strategies for Dealing with Professional Objectors
    Panelist, Practising Law Institute, New York, New York (July 10, 2015)
  • Antitrust Institute 2015
    Practising Law Institute, New York, New York (May 7, 2015)
  • Antitrust Litigation: What Every Lawyer Needs to Know
    Panel, Massachusetts Bar Association, Boston, Massachusetts (February 19, 2015)
  • Antitrust Basics: An Introduction for New Attorneys
    CLE Program, New York, New York (February 19, 2015)
  • Antitrust Litigation: A Primer for Solo and Small Firm Practitioners
    Massachusetts Bar Association, Boston, Massachusetts (June 18, 2014)
  • A Study of In re Electronic Books Antitrust Litigation from Diverse Perspectives
    Moderator, Antitrust & Trade Regulation Committee of the City Bar of New York, New York (April 2, 2013)
  • Antirust Institute 2012: Developments & Hot Topics
    Panelist, Practicing Law Institute (May 7, 2012)
  • The Doctrinal and Practical Aspects of Rule of Reason, Quick Look, and Truncated Rule of Reason Analysis in Section 1 Cases
    Panelist, American Bar Association – Section of Antitrust Law (February 14, 2012)
  • Litigating Cases Between Class Certification and Trial
    Panelist, Strafford Webinar (January 31, 2012)
  • Class Certification Standards in the Second Circuit
    New York State Bar Association (January 26, 2012)
  • State Consumer Protection Laws: Enforcement and Litigation Trends in New York
    Panelist, American Bar Association – Section of Antitrust Law (November 7, 2011)
  • 14th Annual National Institute on Class Actions
    Panelist, American Bar Association (October 14, 2010)
  • Antitrust Section’s Annual Program for Law Students Interested in Antitrust Law
    Commentator, New York State Bar Association (July 7, 2010)
November 18, 2021
WEBINAR | The New York Women in Antitrust Group Spotlight Series
Kellie Lerner - How to Have Difficult Conversations
Remote
October 14, 2021
WEBINAR | The New York Women in Antitrust Group Spotlight Series
Kellie Lerner - Lessons Learned in Life and Law
Remote
June 10, 2021
WEBINAR | New York Women in Antitrust Group Spotlight Series
Kellie Lerner - Lessons Learned in Life and Law
Remote
March 11, 2021
WEBINAR | New York Women in Antitrust Group Spotlight Series
Kellie Lerner - Lessons Learned in Life and Law
Remote

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