Nicholas M. Ruge

False Claims Act

• U.S. ex rel. Schutte v. Supervalu and U.S. ex rel. Proctor v. Safeway: After taking over the eight-year-old cases as trial counsel, won complete dismissal of two False Claims Act suits with billions of dollars at issue by identifying a new defense and filing supplemental summary judgment motions.
• Obtained complete dismissal of all claims in three different False Claims Act suits alleging Anti-Kickback Statute violations in connection with patient support services. U.S. ex rel. Suarez v. AbbVie, 2019 WL 4749967 (N.D. Ill. Sept. 30, 2019); U.S. ex rel. LaFauci v. AbbVie, 2019 WL 1450791 (D.N.J. Apr. 2, 2019); U.S. ex rel. Miller v. AbbVie, No. 3:16-CV-2111-N, Dkt. No. 58 (N.D. Tex. Mar. 13, 2019).

Restructuring

• In re J. C. Penney Company, Inc.: Representing J. C. Penney Company, Inc. and 17 of its affiliates in their pre-arranged chapter 11 restructuring of approximately $4.9 billion in debt. Secured $450 million in debtor-in-possession financing as trial counsel for the debtors in contested financing proceedings.

Antitrust

• In re Pork Antitrust Litigation: Representing Clemens Family Corporation in antitrust class action seeking treble damages for alleged conspiracy to raise pork prices by reducing supply and exchanging competitively sensitive information among pork producers.

Securities and Shareholder Litigation

• Holwill v. AbbVie: Representing AbbVie, its CEO, and its former CFO in securities fraud class action regarding sales and marketing of Humira.
• Defending a Fortune 100 pharmaceutical company and its directors in a shareholder derivative suit arising out of the company's stock buyback and alleged blockbuster drug kickback scheme. Ongoing.

Commercial Litigation

• Won temporary restraining order against multinational chain of beauty stores, preventing the unilateral termination of a decade-long joint enterprise operating agreement. Resulted in favorable contract renegotiation for client.
• AbbVie/Shire State Cases: Representing AbbVie and its CEO in state court fraudulent concealment and misrepresentation actions regarding statements made in connection with the company’s termination of its agreement to acquire Shire plc.
• Obtained dismissal with prejudice of all claims brought against Calumet Specialty Products as seller of an oil refinery for injuries alleged to have occurred after its sale. Defending Calumet against Purchase Agreement claims brought by the buyer of the refinery.
• Counsel medical device manufacturer on litigation related to former employee’s violation of non-compete agreement.

Investigations and Enforcement

• Counsel medical device company on regulatory compliance issues related to COVID-19 testing.
• Represented medical device company in negotiations with the Food and Drug Administration regarding labeling of medical device product.
• Represented company in federal investigation involving alleged violations of the Bank Secrecy Act and Anti-Money Laundering regulations.
• Counseled AbbVie in its $63 billion acquisition of Allergan.
• Counseled major league sports team on negotiations with local government over pending regulations.

Representing plaintiffs in Karnoski v. Trump, a constitutional challenge to the Trump administration’s ban on transgender military service. For his work on the case, including before the United States Supreme Court and United States Court of Appeals for the Ninth Circuit, Nick received Kirkland’s Pro Bono Service Award and Pro Bono All Star Award.

Represented South Shore Chamber, Inc., a nonprofit that promotes economic development in south Chicago, in appeal of administrative order requiring the nonprofit to repay state grant funds based on alleged accounting errors. Won judgment for South Shore on appeal, ending six years of prior litigation. The circuit court determined that South Shore did not misspend or improperly withhold grant funds—and the state was not entitled to any recovery—as a matter of law.