Kevin C. Adam

Pharmaceuticals/Healthcare

• Substantial experience representing innovator companies in antitrust class actions involving allegations of monopolization and anticompetitive agreements, including so-called reverse payment settlements, product hopping, regulatory gaming, and overarching schemes.
• Successful representation of innovator pharmaceutical company in a series of litigations involving antitrust challenges to collaboration agreements, patent settlements, and new-product launches relating to HIV medications.Secured dismissal of a novel "soft switch" product-hopping theory at summary judgment.
• Successful representation of an innovator pharmaceutical company in a class action involving the first "killer acquisition" allegations under Section 2 of the Sherman Act and antitrust challenges to license agreements related to neurotoxins for cosmetic use.
• Successful representation of an innovator pharmaceutical company in a competitor lawsuit involving novel allegations of product hopping and regulatory gaming relating to oral antibiotics for the treatment of acne, securing the first summary judgment ruling in favor of an innovator pharmaceutical company in a product-hopping case.
• Successful representation of an innovator pharmaceutical company in multiple class actions involving antitrust challenges to a co-promotion agreement and allegations of reverse payment settlements related to a stroke medication.
• Successful representation of an innovator pharmaceutical company in multiple class actions involving antitrust challenges to new-product launches related to ulcerative colitis medications and oral contraceptives.
• Successful representation of an innovator pharmaceutical company in a Hatch-Waxman patent litigation relating to an incontinence medication.
• Secured dismissal of an antitrust claim of "regulatory gaming" involving lawful petitioning of the PTO for a patent-term extension.
• Prevailed in a number of oppositions to class certification in federal court, most recently in the First Circuit Court of Appeals and the Southern District of New York.
• Member of a trial team that represented a global pharmaceutical company in a preliminary injunction hearing in federal court in New York against antitrust challenges brought by the New York Attorney General regarding a new-product launch.
• Member of a trial team that represented a major health insurer in federal court in Washington, D.C. against claims brought by the US Department of Justice to block the company's acquisition of another insurer.

Technology

• Substantial experience representing companies in litigation involving platform technology, two-sided markets, zero-price goods and services, killer acquisitions, patent thicketing, and other evolving theories.
• Successful representation of a platform technology company in a competitor lawsuit involving allegations of group boycotts, targeted reductions in innovation, zero-price goods and services, and bundling in a two-sided market.
• Successful representation of a global technology company in a competitor antitrust lawsuit involving patented speech-recognition software and allegations of anticompetitive patent aggregationand sham litigation.

Commercial Litigation

• Successful representation of a number of aircraft-leasing companies in litigation related to the seizure of commercial aircrafts for unpaid leasing dues.
• Successful representation of a client in a dispute to block the sale of rare antiques on an online auction site.
• Trial counsel in a two-week jury trial in Massachusetts federal court, securing a $27 million jury verdict—one of the largest ever for a single individual raising civil-rights claims related to a wrongful conviction—for an innocent man who spent 27 years in prison for a murder he did not commit.

Appeals

• Member of a number of federal appellate teams representing clients in the First, Second, Third, D.C., and Federal Circuits.
• Represented an innovator pharmaceutical company in successfully reversing class certification in the US Court of Appeals for the First Circuit.
• Represented a global search-engine technology client in a patent dispute in the Court of Appeals for the Federal Circuit.
• Successfully argued appeals and overturned criminal convictions in New York's Appellate Division, First and Second Departments.

Counseling

• Deep experience counseling clients on challenging competition issues and business strategies in all industries, including agriculture, aviation, banking, casino, college admissions, health insurance, oil & gas, pharmaceuticals, and technology.
• Advises clients on complex issues regarding pricing practices, particularly in pharmaceuticals and healthcare.
• Advises clients on state and federal investigations, competitive intelligence, collaboration and license agreements, and preparation for congressional hearings.
• Supports corporate clients on large transactions, providing real-time counseling regarding potential litigation risks, government investigations, and issues involving pharmaceuticals, healthcare, drug pricing, and intellectual property.