Saul P. Morgenstern - Kaye Scholer LLP

Saul P. Morgenstern

Listed in Best Lawyers since 2005

Saul Morgenstern, Co-Chair of Kaye Scholer's Antitrust practice group, litigates complex disputes, class actions and multi-jurisdictional cases before U.S. federal and state courts, international arbitral tribunals, the Federal Trade Commission and the U.S. International Trade Commission, and represents companies and individuals in Department of Justice, Federal Trade Commission and Securities and Exchange Commission investigations. He has counseled and represented clients in the agricultural chemical, computer hardware and software, diamond, energy, entertainment, insurance, investment banking, leasing, leisure, luxury consumer goods, petrochemical, pharmaceutical, publishing, real estate, specialty chemical, telecommunications, and toy industries.

Mr. Morgenstern has been recognized in Chambers USA: America’s Leading Lawyers for Business for his “renowned ... diverse practice,” particularly in “the media and pharmaceutical industries” (2009) and for his ability “to ‘bring about a compromise between parties in tricky stand-off situations,’” noting that “[t]his skill is a result of the ‘excellent strategies he plans after carefully and thoroughly considering the issues’” (2008).

Boston UniversityBS 1974Hofstra University School of LawJ.D. 1981
NY State Bar Association Antitrust Law SectionAmerican Bar Association Section of Antitrust Law

Case History

Novartis Acquisition of Fougera Holdings, Inc. — Advised Novartis AG with respect to the competition law issues associated with its $1.5 billion acquisition of a competing dermatologics company, Fougera Holdings, Inc., and represented the company before the Federal Trade Commission to obtain clearance for the acquisition within two months of filing.
Clayworth, et al. v. Pfizer Inc, et al. (Superior Court of California, Alameda County) — Obtained summary judgment dismissing on the merits an action by California retail pharmacies alleging a conspiracy among brand name prescription drug manufacturers to fix prices in violation of the Cartwright Act, California’s state antitrust law.  Summary judgment was affirmed by the California Court of Appeal and, on November 28, 2012, the California Supreme Court denied plaintiffs' Petition for Leave to Appeal.
Novartis Pharmaceuticals Corporation v. State of Alabama (Supreme Court of Alabama) — Led a team of national and Alabama counsel to obtain the reversal of $33 million jury verdict and judgment in a Medicaid fraud action brought by the State of Alabama against a major multi-national pharmaceutical manufacturer. The Alabama Supreme Court reversed, finding that the case should never have been put to the jury in light of the documentary record presented at trial, and ordered judgment entered on behalf of the defendant-appellant.
Drug Mart Pharmacy Corp., et al. v. American Home Products Corp., et al. (U.S. District Court, E.D.N.Y.). — Obtained summary judgment for client Pfizer Inc and its co-defendants dismissing all damages claims by representative plaintiffs in price discrimination actions brought by several thousand independent pharmacies against a group of major brand name prescription drug manufacturers.

Client Comments

"Saul Morgenstern is one of the most skilled, experienced, and capable lawyers in the antitrust field. He has guided our company through a number of complex and challenging matters with great practicality, efficiency, and an acute awareness and knowledge of our business and the needs of the company during challenging times in the industry. We couldn't have been better guided."

-Matthew Martin
Senior Vice President, Associate General Counsel
Penguin Random House LLC

Office Location

250 West 55th Street
New York, NY 10019-9710
United States

Practice Areas

Antitrust Law (Litigation)
Litigation - Antitrust

Other Information

Gender: Male