Kellie Lerner

Partner

KLerner@RobinsKaplan.com

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

KLerner@RobinsKaplan.com

New York

Experience

Kellie Lerner is nationally recognized for her work over the last two decades representing clients in high-stakes antitrust disputes across the country. Ms. Lerner has successfully led numerous antitrust class actions and 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. Ms. Lerner 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 has also counseled generic pharmaceutical, alternative energy, and entertainment companies on competition issues. Ms. Lerner is particularly adept at identifying new antitrust actions, initiating 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 anticompetitive conduct.

Chambers USA recognizes Ms. Lerner as one of the country’s top plaintiff’s antitrust attorneys. Ranked Band 1 for the last five consecutive years, Ms. Lerner is described by her peers in Chambers as “a brilliant tactician and a fierce litigator. She does this while maintaining a cordial relationship both with other plaintiffs' counsel and with defense counsel.” Chambers similarly notes that Ms. Lerner 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.” The Legal 500 USA also praised Ms. Lerner for her “superior intellect, determination and political savvy in getting the job done.”

Ms. Lerner is a two-time recipient of Crain’s New York Business’ “100 Notable Women in Law” award, has been named to Global Competition Review’s prestigious “Women in Antitrust list,” and is the recipient of the New York Law Journal’s “Distinguished Leader” and “New York Trailblazer” awards, as well as the National Law Journal’s "Elite Women of the Plaintiff's Bar" and “Antitrust and M&A Trailblazer” awards. Ms. Lerner was selected by Benchmark Litigation as a “Litigation Star” and is 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 the 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’s 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. Ms. Lerner 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 Lambda Legal 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)

Who's Who Legal: Leading Competition Plaintiff Lawyer (2022)
Crain’s New York Business: Notable Diverse Leader in Law (2022)
Benchmark Litigation: Litigation Star (2022 Edition)
Chambers USA—Antitrust: Mainly Plaintiff, New York—Band 1 (2018-2022)
The Legal 500: Leading Lawyer (2021-2022)
Global Competition Review: Women in Antitrust (2021)
Benchmark Litigation: Future Star (2016-2021)
Crain’s New York Business: Notable Woman in Law (2020-2021)
Super Lawyers: New York Metro Super Lawyer (2018-2021)
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)
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
New York Bar Foundation, Fellow
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

Bloomberg Law, "Meta Buy Challenge From FTC Targets Future Harm to Competition," (July 29, 2022)
Law360, "Amazon-One Medical Deal: Scrutiny Likely, Lawsuit Not," (July 22, 2022)
Vox, "Amazon wants to be your doctor now, too," (July 22, 2022)
Law360, “Lina Khan Is Rewriting The FTC's Rulebook,” (February 9, 2022)
The Deal, "Cargill Ruffles Poultry Consolidation Feathers in Washington," (October 21, 2021)
Law360, "Merging Cos. Incorporating FTC's 'At Own Risk' Warnings," (September 14, 2021)
Augusta Free Press, "Lambda Legal sues DOC on behalf of incarcerated trans man denied care," (August 26, 2021)
Metro Weekly, "Transgender prisoner sues Virginia Department of Corrections over denial of surgery," (August 26, 2021)
Law360, "Biden's Antitrust Policies Won't Depart Entirely From Trump's," (August 23, 2021)
Yahoo! Finance, "How new antitrust bills may disrupt big tech," (June 14, 2021)
Global Competition Review, “First class action filed over Shkreli’s price-hike of Daraprim,” (March 5, 2021)
Reuters, "Shkreli, former company face insurer class action over price hike,”(March 4, 2021)
Minneapolis Star-Tribune, “Blue Cross of Minnesota lawsuit takes aim at ‘Pharma Bro’,” (March 4, 2021)
New York Law Journal, “ ‘Pharma Bro’ Martin Shkreli, Vyera Targeted in Private Class Action Stemming From Drug Price Hike,” (March 4, 2021)
Law360, “ ‘Pharma Bro’ Shkreli Hit With 1st Private Antitrust Suit,” (March 4, 2021)
Managed Healthcare Executive, “Minnesota Blues plan sues Shkreli, others for illegal pricing of Daraprim,” (March 4, 2021)
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)

Certifiable? Navigating Class Actions Today
American Bar Association 2022 Antitrust Law Spring Meeting, Washington, DC (April 6, 2022)
2022 Next Generation of Antitrust, Data Privacy and Data Protection Scholars Conference – Antitrust II
Moderator, New York University School of Law and the American Bar Association, Antitrust Law Section (January 28, 2022)
Should the Antitrust Laws Be Used to Promote Societal Change? An Exploration of the Intersection Between Antitrust Enforcement and the Promotion of Environment and Societal Welfare
Moderator, New York State Bar Association Annual Meeting, Webinar (January 24, 2022)
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)
American Bar Association, Webinar (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)