Vera C. Esses

Antitrust

• Representing Teva Pharmaceuticals and Natco Pharma in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the drug Revlimid® (lenalidomide).
• Representing a global pharmaceutical company in a multidistrict putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the narcolepsy drug Xyrem® (sodium oxybate).
• Representing Upsher-Smith Laboratories in a putative multidistrict class action litigation alleging a generic drug price-fixing conspiracy. In 2017, the court granted Upsher-Smith’s motion to dismiss certain state law claims. The case is ongoing as to the remaining claims.
• Representing Teva Pharmaceuticals and its affiliate, Barr Pharmaceuticals, in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the cholesterol drug Niaspan® (niacin). The court granted Teva’s motion to dismiss many of the state law claims and denied the End Payor Plaintiffs’ motion for class certification. The case is ongoing as to the remaining claims.

Commercial

• Representing Starwood Capital Group and certain affiliates in litigation to enforce an arbitral award relating to a Moroccan luxury hotel. The underlying dispute alleges breach of the parties’ management agreement and alter-ego liability. In 2019, won dismissal of the agency liability claims.
• Representing CEDIPROF, Inc. and Lannett Company in S.D.N.Y and E.D. Pa. in connection with disputes arising from the termination of a contract with Sandoz for the marketing, supply, and distribution of CEDIPROF’s thyroid disorder drug, levothyroxine. In 2020, defeated back-to-back temporary restraining orders and preliminary injunctions brought by Sandoz in each action.
• Representing a global pharmaceutical company based in India in litigation brought against a multinational pharmaceutical company and its subsidiary relating to a breach of a manufacturing and supply agreement.
• Represented a global pharmaceutical company and its directors and officers in three derivative actions arising out of an SEC settlement regarding alleged Foreign Corrupt Practices Act violations, winning motions to dismiss in all three.
• Represented Geller Biopharm in litigation against Amunix Pharmaceuticals relating to a breach of contract arising out of Geller Biopharm’ advisory agreement with Amunix.
• Represented Lazard in connection with advice and fairness opinions rendered in various M&A transactions.

Products Liability

• Representing Amneal Pharmaceuticals and Avkare in multidistrict class action litigation arising from recalls of the generic diabetes drug metformin.

Hudson River Park Trust, Legal Intern, 2015