Devora W. Allon, P.C.

Antitrust Litigation

• In re HIV Antitrust Litigation (N.D. Cal.)
  Represented Gilead Sciences in antitrust class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the development and sale of certain HIV treatments. Won dismissal of one set of claims on summary judgment and persuaded the court to hold a standalone trial on plaintiffs’ central claim that Gilead paid Teva to delay launch of generic versions of Gilead’s blockbuster HIV drugs. Settlement achieved with retailer plaintiffs and two classes of direct purchasers during trial. In June 2023, a jury returned a complete defense verdict for Gilead, rejecting the plaintiffs’ claims seeking more than $10 billion in damages.
• Sergeants Benevolent Ass’n Health & Welfare Fund, et al. v. Actavis, plc, et al. (S.D.N.Y.)
  Representing Amneal Pharmaceuticals, Sun Pharma, and Upsher-Smith Laboratories in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the Alzheimer’s drug Namenda® (memantine hydrochloride). The parties have agreed to a settlement which has been preliminarily approved by the court.
• In re Xyrem Antitrust Litigation (N.D. Cal.; S.D.N.Y.)
  Representing Amneal Pharmaceuticals, Lupin Pharmaceuticals and Sun Pharma in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the narcolepsy drug Xyrem® (sodium oxybate).
• In re Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. Pa.)
  Representing Upsher-Smith Laboratories in a putative multidistrict class action litigation alleging a generic drug price-fixing conspiracy. In 2017, the court granted Upsher-Smith’s motion to dismiss certain state law claims. The case is ongoing as to the remaining claims.
• In re Ranbaxy Generic Drug Application Antitrust Litigation (D. Mass.; 1st Cir.)
  Representing Sun Pharma and its subsidiary, Ranbaxy, in a putative class action litigation alleging Ranbaxy obstructed competition by making fraudulent misrepresentations to the FDA in seeking approval for its generic versions of blockbuster drugs, Nexium®, Valcyte® and Diovan®.
• In re Opana ER Antitrust Litigation (N.D. Ill.)
  Representing Impax Laboratories in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the opioid pain medication Opana ER® (extended-release oxymorphone hydrochloride).
• In re Lamictal Direct Purchaser Antitrust Litigation (D.N.J.; 3d Cir.; U.S.)
  Representing Teva in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the epilepsy drug Lamictal® (lamotrigine). Devora argued and won a major appellate victory in 2020 when the Third Circuit granted a rare interlocutory appeal and reversed the District Court’s decision granting class certification.
• In re Niaspan Antitrust Litigation (E.D. Pa.)
  Representing Teva and its affiliate, Barr Pharmaceuticals, in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the cholesterol drug Niaspan® (niacin). The court granted Teva’s motion to dismiss many of the state law claims and denied the End Payor Plaintiffs’ motion for class certification. Ongoing as to the remaining claims.
• In re Lipitor Antitrust Litigation (D.N.J.; 3d Cir.; U.S.)
  Representing Ranbaxy in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerningthe cholesterol drug Lipitor® (atorvastatin). In 2014, the court granted Ranbaxy’s motion to dismiss the pharmacists’ claims and a significant number of the state law claims. Ongoing as to the remaining claims.
• In re Effexor XR Antitrust Litigation (D.N.J.; 3d Cir.)
  Representing Teva in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the antidepressant drug Effexor® (venlafaxine hydrochloride). In 2018, the court granted in part Teva’s motion for judgment on the pleadings. Ongoing as to the remaining claims.
• State of Louisiana v. Teva Pharmaceuticals (La. Dist. Ct.; La. Ct. App.; La.)
  Won full dismissal for Teva of an antitrust case brought by the State of Louisiana alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the narcolepsy drug Provigil® (modafinil).

M&A Litigation

• In re Appraisal of Solera Holdings, Inc. (Del. Ch.)
  Secured a victory for Solera following a five-day trial in an appraisal action arising from Vista’s $3.85 billion acquisition of Solera. The decision marks the first time a Delaware court has awarded the deal price less synergies in an appraisal involving a take-private by financial buyers.
• Merion Capital LP, et al. v. BMC Software Inc. (Del. Ch.)
  Secured a victory for BMC Software following a four-day trial in an appraisal action arising from Bain Capital and Golden Gate Capital’s $6.9 billion acquisition of BMC—one of the largest appraisal actions ever brought by a single shareholder. The court held that the “fair value” of BMC under the appraisal statute was equal to the merger price, entitling plaintiffs to zero damages.
• English, et al. v. Narang, et al. (Del. Ch.)
  Won full dismissal for H.I.G. Capital and its affiliates of a putative shareholder class action arising from H.I.G.’s $283 million acquisition of NCI, Inc.
• In re Ancestry.com Shareholder Litigation (Del. Ch.)
  Won full dismissal for Spectrum Equity of a shareholder suit challenging the fairness of a proposed $1.6 billion merger of Ancestry.com into an affiliate of Permira.
• NRG Energy v. Exelon (Del. Ch.; N.J.; S.D.N.Y.)
  Successfully defended NRG Energy against a hostile tender offer launched by a competitor, including in five suits in Delaware and New Jersey involving breach of fiduciary duties and related claims, and an offensive suit in the Southern District of New York under federal securities law.

Commercial Litigation

• Sandoz Inc. v. Cediprof, Inc. (S.D.N.Y.); Sandoz Inc. v. Lannett Company, Inc. (E.D. Pa.)
  Representing CEDIPROF, Inc. and Lannett Company in disputes arising from the termination of a contract with Sandoz for the marketing, supply, and distribution of CEDIPROF’s thyroid disorder drug, levothyroxine. In 2020, defeated back-to-back temporary restraining orders and preliminary injunctions brought by Sandoz in each action. Ongoing.
• Zydys Worldwide v. Teva (N.Y. Sup.)
  Representing Teva in litigation alleging breach of an asset purchase agreement relating to generic Rotigotine products sold under the brand name Neupro®.
• E. Claiborne Robins Company, Inc. v. Teva Pharmaceutical Industries, LTD., et al. (E.D. Va.)
  Representing Teva in litigation alleging breach of an asset purchase agreement relating to the drug Amrix®.
• Geller Biopharm, Inc. v. Amunix Pharmaceuticals, Inc. (S.D.N.Y.)
  Representing Geller Biopharm in litigation against Amunix Pharmaceuticals relating to a breach of contract arising out of Geller Biopharm’ advisory agreement with Amunix.
• State of Florida v. State of Georgia (U.S.)
  Representing the State of Georgia in an equitable apportionment action before the U.S. Supreme Court. The case involves a dispute over the allocation of water in the Apalachicola Chattahoochee-Flint River Basins. Following a favorable decision by the appointed Special Master after a five-week trial and oral argument before the U.S. Supreme Court, the case was remanded for further proceedings. In 2019, following additional briefing and argument, the new Special Master sided with Georgia on all issues and recommended that the Supreme Court reject Florida’s claim. Florida’s exceptions to the second report are pending before the Supreme Court.
• CGHA v. Starwood Capital Group Global I LLC, et al. (D. Del.)
  Defending Starwood Capital Group and certain affiliates in litigation to enforce an arbitral award relating to a Moroccan luxury hotel. The underlying dispute alleges breach of the parties’ management agreement and alter-ego liability. In 2019, won dismissal of the agency liability claims. Ongoing as to the remaining claim.
• Confidential Arbitration (JAMS)
  Secured an arbitration victory in 2018 for a software and analytics company in a $30 million employment dispute alleging breaches of contractual and fiduciary duties in connection with the dissolution of a financial technology startup. Following a seven-day hearing, the arbitrator issued a final award in favor of the client, denying all of the claimant’s allegations.
• Confidential Litigation and Arbitration (Tex. Dist. Ct.; Tex. App.; Tex.; AAA)
  Successfully defended and secured in 2018 an arbitration victory following a week-long hearing for a multinational FT Global 500 pharmaceutical company in dispute alleging fraud, breach of contract and breach of fiduciary duty arising out of a joint venture agreement to develop and market a drug used to treat Type 2 diabetes. Following a seven-day hearing, the arbitrator issued a final award in favor of the client, denying all of the claimant’s claims for damages.
• In the Matter of Grant of a Charter to the Merit Preparatory Charter Sch. of Newark (N.J. Super. Ct. App. Div.)
  Represented Newark Prep, a virtual NJ public charter school operated by client K12, Inc., and defeated after expedited briefing, a preliminary injunction motion by the New Jersey Education Association seeking to prevent the school from opening. Also secured a victory on appeal when the court affirmed the grant of Newark Prep’s charter.
• U.S., ex rel. (Constance A. Conrad) v. Actavis Mid-Atlantic, et al. (D. Mass.)
  Won full dismissal for Teva and 21 other pharmaceutical companies of a False Claims Act case alleging that the defendants violated the Act by causing Medicaid to reimburse the companies for unapproved drugs, vitamins and dietary supplements that were not Medicaid eligible and sought more than $2 billion in damages.
• In re North American Petroleum Corporation USA, et al. (Bankr. D. Del.)
  Represented North American Petroleum Corporation USA (NAPCUS) in various contested hearings arising from its Chapter 11 bankruptcy, including an expedited multi-day adversary proceeding. After trial on the merits, the court ruled in favor of NAPCUS and recharacterized the terms of an agreement with one of its primary creditors as a secured financing, amounting to a $16.4 million judgment after certain offsets. Also successfully opposed, following an evidentiary hearing, the creditors’ attempt to lift the automatic stay.

Product Liability Litigation

• Valsartan N-Nitrosodimethylamine (NDMA) Products Liability Litigation (D.N.J.)
  Representing Torrent Pharmaceuticals in multidistrict class action litigation alleging that its generic valsartan and losartan, blood pressure treatments, were contaminated with NDMA. The complaints allege economic loss, medical monitoring, and personal injury relating to such alleged NDMA contamination.
• In re Metformin Marketing and Sales Practices Litigation (D.N.J.)
  Representing Amneal Pharmaceuticals, Inc., Amneal Pharmaceuticals LLC, and its indirect subsidiary AvKare, Inc. in a consolidated class action litigation alleging that its generic metformin, a diabetes treatment, was contaminated with NDMA. The complaint alleges economic loss relating to such alleged NDMA contamination. 
• Becker v. Cephalon, Inc., et al. (S.D.N.Y.)
  Won full dismissal for Teva of litigation arising from the alleged failure to warn of side effects associated with Teva’s drug Treanda®. The court’s ruling created helpful precedent for future failure to warn suits brought against Teva and other pharmaceutical companies.
• Fenwick v. Ranbaxy Pharmaceuticals, Inc., et al. (D.N.J.)
  Defended and successfully resolved for Ranbaxy and certain of its affiliates a putative class action alleging claims for breach of warranty and unjust enrichment arising out of Ranbaxy’s recall of generic atorvastatin calcium tablets — the generic version of Lipitor®. In 2013, defeated the plaintiffs’ preliminary injunction to extend the recall to the consumer level and successfully limited discovery to class certification-related issues. Class certification was defeated in 2018. Settlement achieved in 2019.

Devora devotes substantial time to pro bono service. Recently, she has handled a series of pro bono cases concerning education reform:

• Wright, et al. v. State of New York, et al.; Davids, et al. v. State of New York, et al. (N.Y. Sup. Ct.; N.Y. App. Div.) Representing a group of parents and their school-aged children, pro bono, in an education reform lawsuit challenging the constitutionality of New York State’s teacher evaluation and tenure laws. Defeated two motions to dismiss in 2015; affirmed on appeal in 2018. The case is ongoing in the trial court.
• New York City Parents Union, et al. v. New York City Department of Education, et al. (N.Y. Sup. Ct.; N.Y.) Defended 16 NYC public charter schools, pro bono, in a class action lawsuit seeking to have the NY Department of Education collect more than $100 million in rent from the schools. Defeated a preliminary injunction motion seeking to compel the collection of rent and won a motion to dismiss the case; affirmed on appeal.
• Mulgrew, et al. v. Board of Education, et al. (N.Y. Sup. Ct.) Represented Harlem Success Academy, as intervenor-defendants, in a highly publicized case regarding the co-location of 19 public charter schools alongside traditional public schools in underutilized buildings in New York City. Successfully opposed plaintiffs’ preliminary injunction seeking to prevent the co location, which allowed the schools to open.
• Williamsburg and Greenpoint Parents — Our Public Schools, et al. v. SUNY, et al. (N.Y. Sup. Ct.; N.Y. App. Div.) Represented Citizens of the World Charter Schools New York 1 & 2 in a lawsuit challenging the State University of New York board of trustees’ decision to grant the schools’ charters under the New York Education Law. Won a motion to dismiss the petition; affirmed on appeal.