Gina Chiappetta
Biography
Overview
Gina Chiappetta is an associate in White & Case's New York office and a member of the Firm's award-winning Global Antitrust Group. Her practice focuses on complex antitrust litigation and counseling and she regularly defends global companies against federal and state antitrust claims. Gina is a member of the Firm's Pharmaceutical and Healthcare Global Industry Group and has substantial expertise in in the pharmaceutical and healthcare industries. She has served as a core member of litigation teams defending "bet the company" class-action matters on the cutting edge of antitrust and intellectual property (e.g., reverse payment, product hopping, and other generic delay claims) and as a member of a trial team defending a healthcare merger.
Gina has significant experience at all stages of litigation, including drafting motions to dismiss, leading the management of fact discovery, taking and defending depositions, drafting class-certification briefs and related motions to exclude supporting expert testimony, preparing expert witnesses to testify regarding complex regulatory and economic issues, drafting motions for summary judgment and supporting statements of fact, preparing pre-trial submissions, trial, and appeals. Gina also has experience representing financial institutions in FINRA arbitration proceedings and regularly advises clients in several industries regarding complex competition issues that have a direct impact on business decisions.
Gina serves as a co-chair of the White & Case Antitrust Racial Justice Task Force, a coalition of over 90 attorneys and business services professionals taking action in the areas of criminal justice reform, education, and economic development. She has an extensive pro bono practice focused on seeking post-conviction relief for wrongfully convicted individuals and individuals who were convicted in violation of their constitutional rights.
In one case, following a two-day evidentiary hearing in late 2019, the court found that Gina and her White & Case colleagues had proven by clear and convincing evidence that the Firm's client was innocent of the crimes for which he was convicted—the first finding of actual innocence in New York State since 2014—leading to the client's release from prison after 20 years wrongfully served.
Gina also has substantial experience representing low-income clients in state family and matrimonial law cases.
Gina graduated from Fordham University School of Law cum laude in 2016 where she served as a member of the Fordham Law Review.
Experience
Gina's recent experience includes:
Representing leading innovator pharmaceutical company in federal consolidated class action antitrust litigations with respect to blockbuster cholesterol medication, accusing the company of delaying generic competition through sham patent litigation, fraud on the US patent office, a sham citizen petition to FDA, and a reverse payment settlement agreement.
Representing a start-up pharmaceutical company in tortious interference litigation related to a patent licensing deal.
Defending a financial clearing firm in FINRA arbitration alleging negligence, breach of contract, market manipulation and other federal and state claims.
Represented Gilead in complex antitrust class action litigation challenging joint-venture agreements, patent settlements, and product-development and marketing decisions related to various of Gilead's leading HIV treatments and secured summary judgment on plaintiffs' product hopping claims.
Key member of the litigation team that represented AbbVie (and predecessor companies Allergan and Forest Laboratories) in related class action litigations over Alzheimer's drug Namenda. Successfully obtained the dismissal of all "hard switch" allegations and all claims by consumers from the case, substantially reducing defendants' damages exposure.
Among lead attorneys that represented former director of Japanese technology company in a U.S. discovery action. Presented oral argument in support of client's opposition to a motion to compel that substantially narrowed the scope of document discovery and defended client's deposition.
Counsel for multiple amici that submitted a brief before the Ninth Circuit Court of Appeals in Epic Games, Inc. v. Apple, Inc. regarding the appropriate antitrust framework to be applied when examining two-sided markets.
Key member of four-person team that obtained victory on behalf of a US financial institution following FINRA arbitration hearing.
Represented cable television network and media company in state securities litigation that led to favorable settlement.
Member of trial team that represented Anthem, Inc. against claims brought by the US Department of Justice to block Anthem's US$54 billion acquisition of Cigna Corporation.
