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January 25, 2021Robins Kaplan Files U.S. Supreme Court Amicus Brief on Behalf of Former U.S. Attorneys
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January 25, 2021David Martinez Named 2021 Minority Leader of Influence
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January 15, 2021Robins Kaplan Partners Named to IAM Strategy 300 Global Leaders Guide
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January 28, 2021COVID-19: The Show Did Not Go On
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February 9, 2021Smart Phone Privacy and Data Security – How to Assess and Minimize Risk in the Current Reality
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March 6, 2021With Our Voices 2021 Arc Gala
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December 27, 2020Covid-19 Relief Bill Provides Long-Awaited Funding to Small Businesses and Individuals
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December 17. 2020Covid-19 Divorce and Marital Property Agreements
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Fall 2020COVID Immunity: No, Not That Kind of Immunity
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January 25, 2021Financial Daily Dose 1.25.2021 | Top Story: Merck Abandons Covid Vaccine Effort Over Ineffective Results
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January 22, 2021Financial Daily Dose 1.22.2021 | Top Story: Google Threatens to Pull Search From Down Under Over Proposed Law
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January 21, 2021Financial Daily Dose 1.21.2021 | Top Story: Wall Street Greets Biden Administration With Rally, Records on Stimulus Hopes

Kellie Lerner
Partner
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 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. and 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 three consecutive years as a notable practitioner in Antitrust law in the 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” (2018-2020), 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 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, Secretary of The Committee to Support the Antitrust Laws (COSAL) 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 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.
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)





- Named “Notable Woman in Law,” Crain’s New York Business (2020)
- Listed in Who’s Who Legal: Competition (2020)
- Named a “Distinguished Leader,” New York Law Journal (2020)
- Named a "New York Trailblazer," New York Law Journal (2019)
- Named as one of the "Elite Women of the Plaintiff's Bar," National 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 "Diversity Leader," Profiles in Diversity Journal (2018)
- Named a “New York Metro Super Lawyer,” Super Lawyers (2018-2020)
- Named a "Future Star," Benchmark Litigation (2016-2017, 2019-2021 editions)
- 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)
- 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)
- 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, Secretary
- Institute of Consumer Antitrust Studies of the Loyola University Chicago School of Law, Advisory Board Member
- Co-Chair, Robins Kaplan New York Women in Antitrust Group
- New York Law Journal, “Amidst Filing Blitz, MDL Sought in Wells Fargo Actions” (August 10, 2017)
- Law360, “Total SA Seeks Exit From Traders' Market Manipulation Suit” (September 26, 2016)
- Bloomberg BNA, “Total Faces $213.6 Million Penalty in U.S. Gas Rigging Case” (April 29, 2016)
- Global Competition Review, “Louisiana Representative proposes Illinois Brick repealer” (March 15, 2016)
- Law360, “Competition Cases to Watch in 2016,” (December 24, 2015)
- Inside Health Policy, "'Shared' REMS Policy Continues To Draw Brand, Generic Makers' Concerns" (July 16, 2015)
- Law 360 “Contact Lens Cos. Face Collusion Suit From Indirect Buyers” (March 9, 2015)
- Inside Counsel, “Another Lawsuit Filed in Response to Alleged Contact Lens Price Conspiracy” (March 12, 2015)
- Law360, “Competition Legislation and Regulation to Watch in 2015” (January 2, 2015)
- The Wall Street Journal, “Did Merck Unfairly Monopolize the Market for a Mumps Vaccine?”
(September 10, 2014) - Reuters Legal, “Merck Must Face Antitrust Suits Over Mumps Vaccine” (September 9, 2014)
- FiercePharma, “Judge: Merck Must Fight Claims That it Lied About Mumps Vaccine Benefits” (September 9, 2014)
- FierceVaccines, “Lawsuits Claiming Merck Lied About Mumps Vaccine Efficacy Headed to Trial” (September 9, 2014)
- PharmaManufacturing.com, “Merck Virologists Claim Merck Lied About Mumps Vax Efficacy, Trial Moves Forward” (September 9, 2014)
- Drug Discovery News, “Antitrust and Some Other Mumps Claims Against Merck Proceed” (September 8, 2014)
- The Legal Intelligencer, “Qui Tam, Class Action Cases Against Merck Proceed” (September 8, 2014)
- The Inquisitr, “Lawsuits Allege Merck Lied About MMR Efficacy, Motions To Dismiss Denied” (September 7, 2014)
- CNN iReport, “Merck's Motion to Dismiss Denied in Mumps Whistleblower Suits” (September 6, 2014)
- Law360, “Antitrust, FCA Claims on Merck Mumps Vaccine to Advance” (September 5, 2014)
- Reuters Legal, “Antitrust litigation seen emerging from forex manipulation probes” (October 31, 2013)
- Reuters Legal, “Class actions aim to apply antitrust laws to oil pricing” (June 26, 2013)
- Bloomberg, “Apple’s Cue Is Key to Defense of E-Book Price-Fixing Case” (June 13, 2013)
- Law360, “Robins Kaplan Adds Ace Antitrust Negotiators from Labaton” (January 30, 2013)
- Forbes, "'All Natural Turkeys.' One Huge Reason to Buy Them" (November 19, 2012)
- Yahoo News, “Lawsuits Slams ‘Natural’ Claims from OJ to Chips” (May 31, 2012)
- PC World Business, “DOJ’s Antitrust Case May Have Huge Implications for Publishing” (April 18, 2012)
- The Washington Post, “Winners and Losers from DOJ Suit Against Apple, Publishers” (April 11, 2012)
- Business Insider, “Vita Coco Will Pay $10 Million to Settle Suit Over ‘Super Hydrating’ Coconut Water” (February 10, 2012)
- CBS Money Watch, "Vita Coco Will Pay $10 Million to Settle Suit Over 'Super Hydrating' Coconut Water" (February 10, 2012)
- Associated Press via Yahoo! News, “Vita Coco Settles Lawsuit on Nutrition Contents” (February 8, 2012)
- Law360, “Coconut Water Maker Reaches $10M Deal Over Mislabeling” (February 8, 2012)
- Bloomberg Businessweek, "Vita Coco Settles Lawsuit on Nutrition Contents" (February 8, 2012)
- Law360, “ATM Users Swipe at Banks, Cards Cos. in Antitrust Suit” (November 19, 2011)
- Law360, “Lensmaker Transitions Can’t Shake Antitrust MDL” (November 1, 2011)
- BNA Banking Report, “Suit Charges Price-Fixing on ATM Fees by Visa, Mastercard, and Member Banks” (October 20, 2011)
- Law360, “Labation Sues Auto Parts Cos. on Heels of DOJ Fine” (October 6, 2011)
- Law360, “Oil Traders Face Investor Class Action After CFTC Suit” (May 31, 2011)
- Reuters, “Investor Sues Oil Traders Over Alleged Manipulation” (May 26, 2011)
- Law360, “Rising Star: Labaton Sucharow's Kellie Lerner” (March 14, 2011)
- 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)
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