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Aton Arbisser

Aton Arbisser
Partner, Chair, Litigation Department – Los Angeles
aton.arbisser@kayescholer.com

Los Angeles
T: +1 310 788 1015 F: +1 310 229 1815

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Aton Arbisser is the Chair of the Litigation Department of Kaye Scholer’s Los Angeles office and part of the firm’s Antitrust and Product Liability Groups.

Aton was drawn to Kaye Scholer by its long tradition as an antitrust powerhouse and was immediately assigned to work on MDL-150, the largest antitrust case at the time. As an antitrust lawyer, Aton has won cases at both the trial and appellate levels, in both federal and state court. Early in his career he wrote the briefs that convinced the California Supreme Court that the state’s antitrust laws did not apply to a multibillion-dollar merger. Just this year, he successfully argued the appeal on behalf of 15 pharmaceutical manufacturers accused of conspiring to fix the prices, defending the summary judgment he and Saul Morgenstern had won in the trial court on behalf of the industry. Aton also has successfully defended or resolved numerous antitrust class actions in MDLs in federal court and indirect purchaser cases in state court. In addition, Aton has defended manufacturers in disputes with distributors, which often include antitrust claims, and counsels clients on a wide range of antitrust issues. Aton has been recognized as one of California’s leading practitioners in the antitrust field by Best Lawyers in America (2007-2015), including “Antitrust Lawyer of the Year-Los Angeles” in 2015, and Who’s Who Legal: California.

Aton’s practice has expanded far beyond his antitrust roots to encompass a broad range of complex litigations, including national class actions and consumer fraud class actions, in particular. He has been nationally recognized for his successes in defending pharmaceutical companies in product liability cases and related consumer class actions. In the phenylpropanolamine (PPA) products liability litigation, which occurred as a federal MDL and in state courts, he co-chaired the PPA joint defense team on experts and science issues, defeated a class action seeking refunds on millions of dollars of product containing PPA that had been withdrawn from the market, won the first-in-the-nation PPA trial, O’Neill, et al. v. Novartis Consumer Health, Inc., JCCP-4166 (L.A. Super. Ct. Jan. 22, 2004), and then successfully argued the appeal from the jury verdict for Novartis Consumer Health, Inc. Both The Daily Journal and The National Law Journal selected this verdict as one of the “Top 10 Verdicts of 2004.” 

A frequent lecturer and author, Aton has appeared at many speaking engagements and published numerous articles in the areas of antitrust and class action law. He was recently appointed to the Executive Committee of the Antitrust and Unfair Competition Section of the California State Bar.

Reported Cases

  • Clayworth v. Pfizer Inc., Calif. Court of Appeal, A131804 (August 22, 2012) (affirming summary judgment dismissing alleged price fixing conspiracy brought by 15 pharmacies against the major pharmaceutical companies)

  • Mag Instruments, Inc. v. The Coleman Co., 408 Fed.Appx. 363 (Fed. Cir. 2011) (affirming summary judgment that held that patent was invalid)

  • Centerprise Int’l, Ltd. v. Micron Tech., Inc., 538 F.3d 1107 (9th Cir. 2008) (affirming dismissal of putative class action on behalf of foreign purchasers of allegedly price fixed product).

  • Carter v. Novartis Consumer Health, Inc., 582 F. Supp2d 1271(C.D. Cal. 2008) (granting dismissal of putative class action seeking refunds for all sales of children’s cough cold products).

  • In re Dynamic Random Access Memory (DRAM) Antitrust Litigation, 516 F. Supp. 2d 1072 (N.D. Cal. 2007) (barring indirect purchaser claims by computer purchasers where alleged price fixing was only on component).

  • O’Neill v. Novartis Consumer Health, Inc., 147 Cal. App. 4th 1388 (2007) (affirming double defense judgment after trial in product liability case).

  • Kobar v. Novartis Corp., 378 F. Supp. 2d 1166 (D. Ariz. 2005) (granting partial summary judgment on a punitive damages claim in product liability case).

  • Nodine v. Shiley Inc., 240 F.3d 1149 (9th Cir. 2001) (affirming summary judgment of product liability claim based upon statute of limitations).

  • In re Intuit Privacy Litig., 138 F. Supp. 2d 1272 (C.D. Cal. 2001) (dismissing privacy claims relating to use of cookies on popular Web site).

  • Vestal v. Shiley Inc., 1998 U.S. Dist. Lexis 21566 (C.D. Cal. 1998) (granting summary judgment on product liability claim on statute of repose).

  • Mission Resources v. Texaco Inc., 94 F.3d 652 (9th Cir. 1996) (affirming defense judgment after jury trial).

  • Greenberg v. Wolfberg, 890 P.2d 895 (Okla. S. Ct. 1995) (favorable response to certified questions relating to application of statute of limitations to malicious prosecution claim).

  • Adray v. Adry-Mart, Inc., 76 F.3d 984 (9th Cir. 1995) (affirming defense jury verdict on trademark infringement claim).

  • Ultramar, Inc. v. South Coast Air Quality Management Dist. 17 Cal. App. 4th 689 (1993), (affirming writ enjoining enforcement of rule that would have required refinery to spend $100 million).

  • Auwood v. Harry Brandt Booking Office, Inc., 850 F.2d 884 (2d Cir. 1988) (affirming nominal damages in jury trial for antitrust violation).

  • Cushman & Wakefield, Inc. v. Equit. Life Assur. Socy. of the U.S., 143 A.D.2d 611, 533 N.Y.S.2d 426 (App Div, 1st Dept 1988) (reversing multimillion verdict against his client).

  • California v. Texaco Inc., 46 Cal. 3d 1147 (1988) (holding that California antitrust law did not regulate a $10 billion merger).

Practice Areas

Education

University of California, Berkeley, JD/MA, Joint Degree Law & Economics, 1982

Princeton University, AB, magna cum laude, 1978

Bar Admission(s)

California

New York

US District Court, Southern District of New York

Membership(s)

State Bar of California (Executive Committee Antitrust and State Unfair Competition Section 2012-2015)

American Bar Association (Vice-Chairman, Robinson-Patman Act Committee, Antitrust Section, 1993-94; Editorial Board, Antitrust Law Development, Antitrust Section, 1989–92)

 
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