Kellie Lerner

Kellie Lerner


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


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. She has worked on a number of groundbreaking antitrust cases and has obtained almost $100 million in recoveries on behalf of her clients. Ms. Lerner currently serves as Co-Lead Counsel in In re Merck Mumps Vaccine Antitrust Class Action and In re Wells Fargo Collateral Protection Insurance Litigation. She also recently represented a publicly traded corporation in Insulate SB Inc. v.Abrasive Products & Equipment et al., where she successfully obtained a complete dismissal of a federal and multi-state antitrust class action filed against her client, which was affirmed by the United States Court of Appeals in the Eighth Circuit. 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 2018, Ms. Lerner was recognized as a notable practitioner in Antitrust law in the 2018 Chambers USA Guide, in which she was praised by her peers for her ability to "get large teams of people to work effectively together." In recent years, she has also been selected by Benchmark Litigation as a “Future Star,” by The National Law Journal as an "Antitrust and M&A Trailblazer" (2016), by The 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 also recommended her for the last two consecutive years, praising her “superior intellect, determination and political savvy in getting the job done.” In 2018, she was also 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 BusinessweekYahoo News, and CBS MoneyWatch, among other publications.

Ms. Lerner is the Chair of Diversity for the Antitrust Section of the New York State Bar Association, Co-Chair of the National Association of Women Lawyers' Litigation Affinity Group, and an Editor of 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 currently 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 low-income 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 AARP and the Lawyers Committee for Civil Rights Under the Law.

In re Wells Fargo Collateral Protection Insurance Litigation: Robins Kaplan serves as Co-Lead Counsel on behalf of plaintiffs impacted by Wells Fargo’s disclosures that it wrongly charged auto loan borrowers for Collateral Protection Insurance (CPI). Despite purporting to purchase CPI only when borrowers lacked their own insurance, plaintiffs allege that Wells Fargo billed customers for duplicative and unnecessary CPI even when they maintained independent insurance coverage. Plaintiffs also allege Wells Fargo received undisclosed kickbacks each time it force-placed a borrower into CPI. Plaintiffs allege these practices contributed to wrongful loan defaults, vehicle repossessions, and other financial harm to tens of thousands of consumers. Settlements totaling more than $393 million have been finally approved by the Court and resolve the litigation.

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 Highly Recommended Firm 2020
Chambers USA 2019
2018 Profiles in Diversity Leader Award
Super Lawyers 2019
  • Named as one of the "Elite Women of the Plaintiff's Bar," National Law Journal (2019)
  • Named a "New York Trailblazer," New York Law Journal (2019)
  • Received a "National Women in Law Award," Corporate Counsel and InsideCounsel (2018)
  • Named "New York Band 1" for Antitrust: Mostly Plaintiff, Chambers USA (2018-2020)
  • Named a “New York Super Lawyer,”Super Lawyers (2018-2019)
  • Named a "Diversity Leader," Profiles in Diversity Journal (2018)
  • Named a "Future Star," Benchmark Litigation (2016-2017, 2019-2020)
  • Named an "Antitrust and M&A Trailblazer," National Law Journal (2016)
  • Named a "Woman Worth Watching," Profiles in Diversity Journal (2015)
  • Named a "Rising Star," New York Law Journal (2013)
  • Recommended in the Field of Class Action-Antitrust, The Legal 500 (2013-2018)
  • Named to Law360’s "Rising Star" List (2012)
  • Named a "New York Rising Star," Super Lawyers (2012-2018)
  • 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
  • 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 
  • National Association of Women Lawyers
  • American Bar Association, Section of Antitrust Law
  • Co-Chair, Robins Kaplan New York Women in Antitrust Group

  • A Conversation With Women in Government Antitrust Enforcement, Moderator, New York Women in Antitrust 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)
May 28, 2020
A Conversation with Women in Government Antitrust Enforcement
Kellie Lerner - New York Women in Antitrust Group Panel
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