Noah J. Kaufman represents US and international clients in a variety of high-stakes litigation and appellate matters, with a focus on antitrust and government enforcement litigation. Noah has played significant roles in a number of high-profile matters, including securing groundbreaking decisions on antitrust matters and the authority of the Federal Trade Commission. Noah also counsels businesses on risk management strategies in connection with antitrust, consumer protection, and litigation matters.
Noah works with clients across a variety of sectors, including higher education, life sciences, retail, automotive, and non-profit. Noah has handled matters in trial and appellate courts across the country for some of the world’s leading companies and academic institutions. Noah effectively advocates for his clients, while maintaining a commitment to treating others with civility and respect.
Prior to joining Morgan Lewis, Noah served as a law clerk in the federal courts, including at the US Court of Appeals for the First Circuit. Prior to that, Noah worked for several years at a Boston-based international law firm. Noah has also served as an adjunct professor at Northeastern University School of Law and Suffolk University Law School.
Noah maintains an active pro bono practice. He regularly represents survivors of domestic violence in trial and appellate proceedings against their abusers, and was recognized with a Morgan Lewis pro bono award for his work with survivors of violence. In 2016, Noah co-led a team of Morgan Lewis attorneys in a successful challenge to the “travel ban” on behalf of an Iranian pediatric medical researcher.
Federal Trade Commission v. Shire ViroPharma Inc. – Secured dismissal of antitrust claims brought by the FTC against a life sciences company for purported sham petitioning before the Food and Drug Administration; successfully defended the decision on appeal to the US Court of Appeals for the Third Circuit.
Pierce v. Association of American Medical Colleges – Secured dismissal of an antitrust lawsuit brought against the Association of American Medical Colleges, Yale University, and the University of Pennsylvania challenging medical school admissions policies; successfully defended the judgment on appeal to the US Court of Appeals for the District of Columbia Circuit and the US Supreme Court.
CollegeNET v. The Common Application, Inc. – Represented The Common Application, a non-profit organization committed to access to higher education, in appellate proceedings before the US Court of Appeals for the Ninth Circuit and the US Supreme Court in connection with an antitrust lawsuit brought by a for-profit rival.
Waithaka v. Amazon.com, Inc. – Successfully briefed and argued an issue of first impression in US District Court for the District of Massachusetts regarding the Class Action Fairness Act on behalf of Amazon.
Emerald Capital Advisors v. Bayerische Motoren Werke AG – Secured summary judgment on behalf of BMW on a $32.5 million unjust enrichment claim brought by the bankruptcy trustee to the former Fisker Automotive Company; secured settlement of the remaining claims on highly favorable terms.
Confidential Investigations – Represented a large Massachusetts-based retailer in an investigation brought by the Antitrust Division of the Massachusetts Attorney General’s Office, resulting in the closure of the investigation with no remedial action; represented a major automotive manufacturer in an investigation brought by the Department of Justice regarding auto emissions standards; currently representing a publicly-traded marketing firm in a confidential investigation brought by the Federal Trade Commission’s Bureau of Consumer Protection.
Northeastern University School of Law, 2010, J.D.
Tufts University, 2007, B.A., magna cum laude
Supreme Court of the United States
US Court of Appeals for the First Circuit
US Court of Appeals for the Third Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the District of Columbia Circuit
US District Court for the District of Massachusetts
Clerkship to Judge Norman H. Stahl of the US Court of Appeals for the First Circuit (2015 - 2016)
Clerkship to Judge Landya B. McCafferty and Judge Joseph A. DiClerico, Jr. of the US District Court for the District of New Hampshire (2014 - 2015)
Clerkship to Chief Judge William E. Smith of the US District Court for the District of Rhode Island (2013 - 2014)
Awards and Affiliations
Member, Practice Group of the Year, Competition, Law360 (2017–2019)
Morgan Lewis Pro Bono Award (2018)
Member, Public Interest Leadership Program of the Boston Bar Association (2018–2019)