Karin Garvey practices complex commercial litigation and has considerable experience in antitrust disputes. She has practiced before both state and federal courts and has also participated in alternative dispute resolution such as arbitration and mediation.
With over 15 years of complex commercial litigation experience, Karin has represented leading US and foreign companies at all stages of litigation—from motion practice to discovery to trial to appeal. She has represented and counseled clients in such diverse industries as pharmaceuticals, cosmetics, building materials, film, finance and private equity.
Karin has significant experience managing complex, multijurisdictional cases from initial factual development through resolution and appeal and has played significant roles in achieving favorable settlements for her clients. She has prepared and defended top executives for deposition, hearing and trial and has conducted such examinations of her opponents. Karin also has significant experience working with experts—including economists, toxicologists, materials scientists, valuation experts, foreign law experts and appraisers, among others—developing reports and testimony, preparing for depositions and defending depositions, as well as taking depositions of opponents’ experts. In addition, Karin has written briefs and motions at all stages of litigation, has engaged in all phases of trial preparation and trial and has briefed and argued appeals.
Karin has served on several firm committees during her tenure at the firm, including spending over ten years as an active member of the recruiting committee.
Recent Representative Matters
- Currently defending Pfizer Inc. subsidiary King Pharmaceuticals, Inc. in an MDL proceeding, and in state court litigation, against claims that King delayed the entry of a generic version of its branded drug Skelaxin®. The claims include monopolization and conspiracy in restraint of trade as well as various state law claims.
- Obtained summary judgment for client Novartis Pharmaceuticals Corporation dismissing on the merits an action by California retail pharmacies alleging a conspiracy among brand name prescription drug manufacturers to fix prices in violation of the Cartwright Act. Case was affirmed on appeal.
- Defended The Estee Lauder Companies, Inc. in a class action lawsuit alleging price-fixing and conspiracy not to discount throughout the prestige cosmetics industry, and obtained a favorable settlement that was ultimately approved by the Ninth Circuit.
- Defended and obtained a favorable settlement for Loews Cineplex Entertainment Corporation and its then-parent company, private equity firm Onex Corporation, in a suit alleging restraint of trade that was brought by a movie theater against Loews, another movie theater chain and almost all major film distribution companies.
- Defended various international companies in the Knauf Group of building materials companies in MDL class action and state court individual product liability lawsuits brought by thousands of homeowners who allegedly had defective Chinese-manufactured drywall installed in their homes. These cases involved not only traditional product liability issues but also raise complex issues of corporate veil piercing and environmental concerns. Ultimately, the cases were favorably settled.
- Brought an arbitration on behalf of a private equity firm in a breach of contract suit involving rights to certain tax refunds in which the arbitrator ultimately awarded all damages sought on behalf of our client.
- Brought an arbitration on behalf of a private equity firm in a Defended Morgan Guaranty Trust Company of New York in a large commercial real estate dispute brought by its landlord involving complicated breach of contract and damages claims. Obtained favorable verdict after multi-week trial.
- Defended and obtained a successful settlement for Arista Records, Inc. in a large commercial real estate dispute brought by its landlord involving breach of contract claims.
- In addition to her litigation work, Karin has advised multiple companies on antitrust issues relating to mergers and acquisitions and has represented clients in connection with civil investigations by the FTC.
“Indirect Purchasers Face a High Bar in Certifying Class Actions Involving Claims of Delayed Generic Entry in the Pharmaceutical Industry in the Wake of Recent US Supreme Court Decisions,” Antitrust Health Care Chronicle, with Joseph Kohn (January 2015)
“Is Any Consideration a ‘Payment’? The Continuing Struggle over How to Interpret FTC v. Actavis,” Bloomberg BNA, Antitrust & Trade Regulation Report, with Laura Shores (January 9, 2015)
“Remedies in Arbitration for US Antitrust Violations,” EU and US Antitrust Arbitration: A Handbook for Practitioners, Kluwer Law International (2010)
Key contributor to Kaye Scholer’s Antitrust Client Updates
“Eighth Amendment - The Constitutionality of the Alabama Capital Sentencing Scheme,” Journal of Criminal Law and Criminology (Summer 1996, Vol. 86)
In the Market
- Antitrust Update: Third Circuit’s King Drug Decision... June 30, 2015
- Antitrust Alert: In re Modafinil Litigation Finds No “Threshold Burden” in Reverse Payment Suit January 30, 2015
- Antitrust Health Care Chronicle Publishes Garvey, Kohn Article on Class Certification Decisions Affecting Indirect Purchasers of Pharmaceutical Products January 2015