Gilad Bendheim

Antitrust

• Representing Amneal Pharmaceuticals and Lupin Pharmaceuticals in a multi-district putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning the narcolepsy drug Xyrem® (sodium oxybate).
• 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), in which Kirkland won a rare interlocutory appeal reversing the district court’s decision granting class certification.
• Representing Torrent Pharmaceuticals in a putative class action litigation alleging an anti-competitive reverse payment arising out of a patent litigation settlement concerning Bystolic® (nebivolol hydrochloride), a beta blocker used to treat high blood pressure.

Securities

• Representing Honeywell International in a putative securities class action and derivative litigation filed in New Jersey and Delaware federal courts concerning Honeywell’s accounting for asbestos-related liabilities.
• Represented JELD-WEN and certain of its officers and directors in a securities class action litigation filed in Virginia federal court arising from price-fixing allegations and related lawsuits.

Commercial/Regulatory

• 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.
• 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.
• Represented Ciox Health, LLC in its regulatory challenge to the Department of Health and Human Services’ regulations governing the permissible fees associated with requests for medical records. The district court granted Ciox’s motion for summary judgment, ruling that HHS had violated the Administrative Procedure Act by issuing a substantive policy change without notice and comment rulemaking.
• Representing Ciox Health, LLC on appeal before the United States Court of Appeals for the Second Circuit, and on certification to the New York Court of Appeals, concerning whether section 18 of New York’s Public Health Law carries a private right of action.
• Represented Ciox Health, LLC on successful appeal before the United States Court of Appeals for the Sixth Circuit concerning whether Tennessee law provides a right of action to sue for alleged overcharges for medical records.