Jacqueline P. Rubin

A partner in the Litigation Department, Jacqui handles a broad variety of complex commercial litigation matters, including antitrust disputes, direct and indirect class actions, insurance and securities arbitrations, regulatory investigations and complex contract matters.

Experience

Significant representations include:

• Litigating several antitrust cases for Becton Dickinson, including competitor cases and purchaser class actions alleging monopolization, exclusive dealing and bundled discounts;
• Litigating to victory before an international arbitration panel a dispute arising out of damages suffered at an off-shore oil platform in the North Sea. The panel rejected the reinsurer's defenses, finding that our clients, a large independent crude oil and natural gas producer and its insurer, were entitled to complete coverage under the policy;
• On behalf of IBM, litigating to prevent former company executives from violating their non-compete agreements;
• Defending Giorgi Mushroom Co. and Giorgio Foods against allegations of violations of the Capper-Volstead Act in a multi-defendant class action;
• Litigating to a de minimis resolution False Claims Act litigations involving alleged violations of the Anti-Kickback Act on behalf of a medical device manufacturer;
• Litigating to victory before an AAA arbitration panel on behalf of Salomon Smith Barney claims brought by a former client;
• Defending in a grand jury investigation the CEO of a large pharmaceutical company;
• Defending law firms and lawyers against allegations of legal malpractice and negligence in regulatory proceedings and civil litigations;
• Conducting a worldwide internal investigation of accounting fraud on behalf of the Audit and Finance Committee of Adecco, the world's largest provider of temporary employees;
• Representing ASCAP in rate-making proceedings to set fees for the reproduction, distribution and performance of musical compositions; and
• Defeating the injunction action brought by Lord Conrad Black and Hollinger Inc. to block the sale of the London Daily Telegraph by Hollinger International, the media company formerly controlled by Lord Black and Hollinger Inc.

In addition to her busy practice, Jacqui also maintains an active pro bono practice. Her pro bono representations include:

• Challenging the conviction for depraved indifference murder of Omar Gutierrez.   Mr. Gutierrez's habeas petition was argued by Jacqui to the Second Circuit earlier this year. The Second Circuit recently reversed the District Court's denial of the petition, and has certified two questions of New York state law to the New York Court of Appeals;
• Representing the Oneida of the Thames in its land claims litigation against the state of New York, a litigation Jacqui pursued through the Second Circuit and to the Supreme Court; and
• Litigating to a successful resolution the employment claims of a Nigerian woman brought to the United States under false pretenses and then forced to work without wages for several years.

Jacqui was recently recognized by Law360 as one of four "Rising Stars" in the health industry for her work for pharmaceutical and medical device manufacturing companies. She was also recognized by Legal 500 as a leading lawyer in Antitrust.

Practices

• Litigation
• Antitrust
• IP Litigation: Copyright & Trademark
• Product Liability
• Professional Liability

Education

• J.D., Columbia Law School, 2000
• B.A., Wesleyan University, 1995
  Phi Beta Kappa

Bar Admissions

• New York

 See Library Tab for articles, publications and presentations by Jacqueline Rubin