Steven A. Reed

A trusted advisor to his clients, Steve is regularly called upon to tackle companies’ most critical legal challenges, which often include multiple dimensions. In addition to litigation, Steve has represented clients in response to government investigations by federal agencies, by state attorneys general in all 50 states, and congressional inquiries in both the House and the Senate. He also counsels clients on risk mitigation strategies and during due diligence before corporate acquisitions. Steve’s clients include leading companies in pharmaceuticals and the life sciences, healthcare, insurance, oil and gas, technology, finance, retail, transportation, chemical, entertainment, banking, and paper and office products, among other industries.

Chambers USA describes Steve as “exceptionally talented,” “smart, analytical, and strategic,” and “top notch in every respect," who clients find “a pleasure to work with.” Commentators describe the antitrust team led by Steve as “extremely responsive with astonishingly prescient advice,” and describe Steve in particular as possessing “a superlative legal mind, unparalleled oral advocacy skills and an unmatched ability to make the complex seem straightforward” and as “the best in the industry right now for pharmaceutical antitrust.” Steve has twice been named a “Competition MVP” by Law360 , and was one of ten lawyers in the world to be shortlisted for “Lawyer of the Year” by Global Competition Review in 2020. His commitment to client service has resulted in his twice being recognized as a “Client Service All-Star” by BTI Consulting Inc., and as an “Acritas Star” by Acritas every year since 2017.

Steve has been involved in some of the largest and most complex litigations in the country. His recent noteworthy matters include four MDLs (In re: National Prescription Opiate Litigation; In re: Generic Pharmaceuticals Pricing Antitrust Litigation; In re: North Sea Brent Crude Oil Futures Litigation; and In re: Zetia Antitrust Litigation); the defense of a lawsuit brought by the FTC challenging constitutionally-protected petitioning activity that presented a matter of first impression relating to the FTC’s authority to sue in federal court; the defense against a challenge by dozens of taxi cab companies to the competitive entry of a transportation network company in Philadelphia; the defense of a pharmaceutical company accused of entering into a “pay for delay” settlement with respect to a blockbuster drug; and the defense of a company accused of participating in an alleged, industry-wide price fixing conspiracy.

Antitrust-litigation:

• In re: North Sea Brent Crude Oil Futures Litigation (S.D.N.Y.; 2d Cir.; US Supreme Court) – lead counsel for global oil company and separate trading subsidiaries in multiple putative class actions alleging manipulation of the benchmark price for Dated Brent Crude Oil drawn out of the North Sea. Dismissal with prejudice affirmed by Second Circuit. Rehearing denied. Certiorari denied by US Supreme Court.
• Federal Trade Commission v. Shire ViroPharma Inc. (D. DE; 3d Cir.) – lead counsel for pharmaceutical company in action brought by FTC asserting claims based upon the alleged filing of sham citizen petitions to delay generic entry. Dismissal with prejudice affirmed by Third Circuit.
• In re: Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. PA) – lead counsel for pharmaceutical company in multiple putative class actions asserting Sherman Act claims based upon alleged conspiracy to fix prices.
• In re: New Jersey Tax Sales Certificates Antitrust Litigation  (D. NJ; 3d Cir.) – lead counsel for financial institution in a consolidated putative class action alleging conspiracy to rig bids in municipal tax lien auctions throughout New Jersey. Class settlement affirmed by Third Circuit.
• Philadelphia Taxi Association Inc. v. Uber Technologies, Inc. (E.D. PA; 3d Cir.; US Supreme Court) – lead counsel for transportation network company defending against a Sherman Act claim alleging attempted monopolization brought by dozens of taxicab companies. Dismissal with prejudice affirmed by Third Circuit. Certiorari denied by US Supreme Court.
• Medical Diagnostic Laboratories, LLC v. Independence Blue Cross (E.D. PA) – counsel for insurance company in action alleging exclusive dealing and conspiracy claims brought by medical laboratory. All claims dismissed with prejudice.
• Cable Line, Inc. et al. v. Comcast Cable Communications of Pennsylvania Inc., et al. (M.D. PA; 3d Cir.) – lead counsel for entertainment and cable company in action brought by cable installers asserting Sherman Act claims. Dismissal with prejudice affirmed by Third Circuit.
• In re: Zetia Antitrust Litigation (E.D. VA) – lead counsel for pharmaceutical company accused of entering into “pay for delay” patent settlement with respect to blockbuster drug.
• Helicopter Helmet, LLC v Gentex Corporation, et al. (D. DE; 3d Cir.) – lead counsel for manufacturer of helicopter helmets in action brought by competitor. Dismissal with prejudice affirmed by Third Circuit.
• Prescient Medicine Holdings, LLC v. Laboratory Corporation of America Holdings, et al. (E.D. PA) - counsel for insurance company in action alleging exclusive dealing and conspiracy claims brought by medical laboratory. Motion to dismiss granted.
• In re ACTOS Antitrust Litigation (S.D.N.Y.; 2d Cir.) – lead counsel for branded pharmaceutical company in putative class actions alleging harm to competition as a result of purportedly improper Orange Book listings.
• FTC, et al. v. Vyera Pharmaceuticals, LLC, et al. (S.D.N.Y.) – lead counsel representing branded pharmaceutical company in action brought by FTC and multiple state attorneys general alleging delayed generic competition as a result of restricted distribution and exclusive supply agreements.
• Value Drug Company v. Takeda Pharmaceuticals, U.S.A. Inc., et al. (E.D. PA) – lead counsel for branded pharmaceutical company in putative class action alleging harm to competition as a result of alleged conspiracy to order generic product entry. 
• Dorrell v. Constellation Energy (D. Md.) – counsel for nuclear energy company in a putative class action alleging that 26 suppliers of nuclear power and two HR consulting companies colluded to improperly share compensation information and fix wages for employees.
• Encore Series Inc. v. The Philadelphia Orchestra and Kimmel Center Inc., et al. (E.D. Pa.) – secured favorable settlement on behalf of POKC in an antitrust suit brought by Encore Series Inc., former operator of the Philly POPS, alleging monopolization of the symphony concert market. After defeating a preliminary injunction and asserting counterclaims, Encore dismissed all claims with prejudice, agreed to a $1 million consent judgment reflecting its debt to POKC, and issued a public statement disclaiming any wrongdoing by POKC. Also secured dismissal of a related contract suit in Philadelphia County court.
• Team Schierl Companies et al. v. Aspirus, Inc. et al. (W.D. Wis.) – defending a leading healthcare provider against a putative class action alleging that the provider and its clinically integrated network of outpatient providers engaged in exclusive dealing, tying, and price- fixing in violation of Sherman Act Sections 1 and 2.

Litigation involving pharmaceutical industry:

• In re: National Prescription Opiate Litigation (N.D. OH) – lead national counsel for pharmaceutical companies in nationwide litigation, in federal and state courts, asserting claims based upon allegedly fraudulent promotion of opioids. Member of Steering Committee and Negotiating Committee for manufacturer defendants.
• Federal Trade Commission v. Shire ViroPharma Inc. (D. DE; 3d Cir.) – lead counsel for pharmaceutical company in action brought by FTC asserting claims based upon the alleged filing of sham citizen petitions to delay generic entry. Dismissal with prejudice affirmed by Third Circuit.
• In re: Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. PA) – lead counsel for pharmaceutical company in multiple putative class actions asserting Sherman Act claims based upon alleged conspiracy to fix prices.
• In re: Zetia Antitrust Litigation (E.D. VA) – lead counsel for pharmaceutical company accused of entering into “pay for delay” patent settlement with respect to blockbuster drug.
• Bruce G. O’Brien d/b/a Daedalus Biotech Advisors v. Shire plc, Shire Pharmaceutical Holdings Ireland Limited, Shire Pharmaceuticals International and Shire ViroPharma Incorporated (E.D. PA; 3d Cir.) – lead counsel for pharmaceutical companies in breach of contract case. 
• The Travelers Indemnity Co., et al. v. Cephalon, Inc., et al. (E.D. PA) – lead counsel for pharmaceutical company in action alleging fraudulent promotion of opioids. Dismissal with prejudice affirmed by Third Circuit.
• Indiana/Kentucky/Ohio Regional Council of Carpenters Welfare Fund v. Cephalon, Inc., et al. (E.D. PA) – counsel for pharmaceutical company in a class action alleging fraudulent promotion of opioids. Dismissed with prejudice.
• In re ACTIQ Sales and Marketing Practices Litigation (E.D. PA)  – counsel for pharmaceutical company in a class action alleging fraudulent promotion.
• Central Regional Employees Benefit Fund, et al. v. Cephalon, Inc., et al. (D. NJ) – counsel for pharmaceutical company in putative class action alleging fraudulent promotion. Dismissed with prejudice.
• In re ViroPharma Incorporated Securities Litigation (E.D. PA) – counsel for pharmaceutical company in putative shareholder class action alleging securities fraud.
• In re Nupathe Shareholder Litigation (Court of Common Pleas, Delaware County, PA) – lead counsel for pharmaceutical company in multiple class actions challenging merger.
• In re ACTOS Antitrust Litigation (S.D.N.Y.; 2d Cir.) – lead counsel for branded pharmaceutical company in putative class actions alleging harm to competition as a result of purportedly improper Orange Book listings.
• FTC, et al. v. Vyera Pharmaceuticals, LLC, et al. (S.D.N.Y.) – lead counsel representing branded pharmaceutical company in action brought by FTC and multiple state attorneys general alleging delayed generic competition as a result of restricted distribution and exclusive supply agreements.
• Value Drug Company v. Takeda Pharmaceuticals, U.S.A. Inc., et al. (E.D. PA) – lead counsel for branded pharmaceutical company in putative class action alleging harm to competition as a result of alleged conspiracy to order generic product entry.
• Maldonado, et al. v. National Football League, et al. (S.D.N.Y.) – represent defendant in two related class actions brought on behalf of putative classes or retailers and consumers, respectively, alleging conspiracies with respect to the licensing and sales of apparel and other products bearing the names and logos of the NFL and NFL teams on online marketplaces.

Shareholder class and derivative actions:

• Counsel for a health care company and directors in related class and shareholder derivative actions.
  • Teamster Local 456 Pension Fund v. UHS, Miller and Filton (E.D. PA)
  • David Heed v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Anthony Pantaleoni, Eileen C. McDonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs (E.D. PA)
  • Central Laborers’ Pension Fund v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Debra K. Osteen, Marvin G. Pember, Anthony Pantaleoni, Eileen C. Mcdonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs (E.D. PA)
  • Waterford Township Police & Fire Retirement System v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Anthony Pantaleoni, Debra K. Osteen, Marvin G. Pember, Eileen C. McDonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs (E.D. PA)
  • Amalgamated Bank Longview Funds v. Charles F. Boyle, Steve G. Filton, Lawrence S. Gibbs, John H. Herrell, Robert H. Hotz, Eileen C. McDonnell, Alan B. Miller, Marc D. Miller, Debra K. Osteen, Anthony Pantaleoni, and Marvin G. Pember (E.D. PA)
  • Delaware County Employees' Retirement Fund, et al. v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Charles F. Boyle, Matthew D. Klein, James M. Caponi, Anthony Pantaleoni, Eileen C. McDonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs, C.A.(Delaware Court of Chancery)
• Brenda Scott, et al. v. Micros Systems, Inc. (Circuit Court Howard County, MD; MD Court of Special Appeals) – lead counsel for company and directors in multiple shareholder actions challenging multi-billion-dollar merger. Dismissed with prejudice; affirmed on appeal.
• Counsel for auto supply company in multiple shareholder actions challenging merger.
  • Edwards v Goldfarb, et al. (E.D. PA)
  • Tindel v. Sider, et al., (Court of Common Pleas, Philadelphia County, PA)
  • Katz v.  Sider, et al. (Court of Common Pleas, Philadelphia County, PA)
  • Solak v. Goldfarb, et al. (Court of Common Pleas, Philadelphia County, PA)
  • Bushansky v. Hotz, et al. (Court of Common Pleas, Philadelphia County, PA)
• In re ViroPharma Incorporated Securities Litigation (E.D. PA) – counsel for pharmaceutical company in putative shareholder class action alleging securities fraud.
• In re Nupathe Shareholder Litigation (Court of Common Pleas, Delaware County, PA) – lead counsel for pharmaceutical company in multiple class actions challenging merger.
• In re Wausau Paper Corp. Shareholder Litigation (Circuit Court Milwaukee County, WI) – lead counsel for paper company in multiple class actions challenging merger.

Appellate advocacy:

• In re: North Sea Brent Crude Oil Futures Litigation (S.D.N.Y.; 2d Cir.; US Supreme Court) – lead counsel for global oil company and separate trading subsidiaries in multiple putative class actions alleging manipulation of the benchmark price for Dated Brent Crude Oil drawn out of the North Sea. Dismissal with prejudice affirmed by Second Circuit. Certiorari denied by US Supreme Court.
• Federal Trade Commission v. Shire ViroPharma Inc. (D. DE; 3d Cir.) – lead counsel for pharmaceutical company in action brought by FTC asserting claims based upon the alleged filing of sham citizen petitions to delay generic entry. Dismissal with prejudice affirmed by Third Circuit.
• In re: New Jersey Tax Sales Certificates Antitrust Litigation (D. NJ; 3d Cir.) – lead counsel for financial institution in a consolidated putative class action alleging conspiracy to rig bids in municipal tax lien auctions throughout New Jersey. Class settlement affirmed by Third Circuit.
• Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc. (E.D. PA; 3d Cir.; US Supreme Court) – lead counsel for transportation network company defending against a Sherman Act claim alleging attempted monopolization brought by dozens of taxi cab companies. Dismissal with prejudice affirmed by Third Circuit. Certiorari denied by US Supreme Court.
• Cable Line, Inc. et al. v. Comcast Cable Communications of Pennsylvania, Inc., et al. (M.D. PA; 3d Cir.) – lead counsel for entertainment and cable company in action brought by cable installers asserting Sherman Act claims. Dismissal with prejudice affirmed by Third Circuit.
• Helicopter Helmet, LLC v Gentex Corporation, et al. (D. DE; 3d Cir.) – lead counsel for manufacturer of helicopter helmets in action brought by competitor. Dismissal with prejudice affirmed by Third Circuit.
• The Travelers Indemnity Co., et al. v. Cephalon, Inc., et al. (E.D. PA; 3d Cir.) – lead counsel for pharmaceutical company in action alleging fraudulent promotion of opioids. Dismissal with prejudice affirmed by Third Circuit.
• Brenda Scott, et al. v. Micros Systems, Inc. (Circuit Court Howard County, MD; MD Court of Special Appeals) – lead counsel for company and directors in multiple shareholder actions challenging multi-billion-dollar merger. Dismissed with prejudice; affirmed on appeal.
• In re ACTOS Antitrust Litigation (S.D.N.Y.; 2d Cir.) – lead counsel for branded pharmaceutical company in putative class actions alleging harm to competition as a result of purportedly improper Orange Book listings.