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).
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
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
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