Kristen O'Shaughnessy

Selected Projects

Representing a manufacturer in multiple nationwide class actions in connection with allegations of price fixing conspiracy and anticompetitive information exchange under federal and state antitrust laws.

Lead counsel representing a telecommunications company in a high-stakes dispute involving a supplier’s anticompetitive leveraging of upstream market power to foreclose competition and systematically disadvantage downstream purchasers.

Representing a pharmaceutical API supplier in litigation alleging exclusive dealing claims under federal and state antitrust laws.

Representing a pharmaceutical company in litigation involving a dispute over patent licensing and patent ownership.

Representing a telecommunications company in litigation alleging unfair competition and trade secret misappropriation.

Representing an innovator pharmaceutical company in multiple antitrust class actions alleging an anticompetitive scheme involving dozens of HIV products, relating to antitrust challenges to new product development, collaboration agreements and joint ventures, and patent settlements.  Secured summary judgment dismissal of product-hopping claims and overarching scheme claims, which dramatically reduced client’s risk exposure.  

Representing an innovator pharmaceutical company in a series of antitrust class actions involving "reverse payment" and "product hopping" allegations, relating to the company's development and launch of new Alzheimer's treatments, its settlement of patent infringement litigation, and its manufacturing and supply agreements.  Secured dismissal of product-hopping claims at summary judgment.  

Representing an innovator pharmaceutical company in multiple antitrust class actions involving "reverse payment" and "product hopping" allegations, relating to oral contraceptives.

Trial counsel for health insurer Anthem in its defense at an expedited merger trial and appeal against claims brought by the US Department of Justice as to Anthem's proposed US$54 billion acquisition of Cigna Corporation. Defended Anthem against Cigna in subsequent break-up fee litigation, in which the Delaware court relived Anthem of any break-up fee obligations based upon Cigna's conduct in opposition to the merger.

Representing an innovator pharmaceutical company in multiple antitrust class actions involving "reverse payment" claims relating to stroke medication, challenging the settlement of patent infringement litigation and the entry of a co-promotion agreement.

Trial counsel representing a global pharmaceutical company in a preliminary injunction hearing in the Southern District of New York in an antitrust action challenging a new-product launch under product-hopping theory.

Representing innovator pharmaceutical company in multiple class actions involving "reverse payment" allegations with respect to blockbuster cholesterol treatment.

Counseling Kenyan company for compliance with Foreign Corrupt Practices Act, and representation in an anti-corruption audit.

Representing a General Counsel in the automotive industry in criminal investigations by the US Department of Justice.

Representing an executive in the oil and gas industry in criminal investigations by the US Department of Justice.

Representing an innovator pharmaceutical company in antitrust action involving allegations of sham litigation and generic delay relating to epinephrine autoinjector.

Representing an innovator pharmaceutical company in multiple antitrust class actions involving "reverse payment" allegations with respect to blockbuster cholesterol treatment.

Representing innovator pharmaceutical company in multiple antitrust class actions involving "reverse payment" allegations with respect to antidepressant treatment.