Nicholas M. Ruge

Qui Tam Litigation

• U.S. ex rel. Proctor v. Safeway et al.: Ten months into taking over the eight-year-old case from prior counsel, won complete dismissal with prejudice of False Claims Act suit involving tens of billions of dollars in damages, civil penalties, and fines. Relator alleged that Albertsons Companies’ nationwide chain of pharmacies misrepresented the “usual and customary” prices of their prescription drugs for over a decade. Kirkland was hired as trial counsel, identified a new defense that had not been pursued, and moved for summary judgment. The court adopted Kirkland’s arguments in full, entering judgment for Defendants in a watershed FCA opinion. U.S. ex rel. Proctor v. Safeway Inc., 2020 WL 3132397 (C.D. Ill. June 12, 2020). The American Lawyer’s Litigation Daily named Kirkland “Litigators of the Week” for the win.
• 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 Litigation

• Represented Clemens Family Corporation in antitrust class action seeking treble damages for alleged decade-long conspiracy to raise pork prices by reducing supply and exchanging competitively sensitive information among pork producers. Won on motion to dismiss, resulting in dismissal of all claims. In re Pork Antitrust Litig., 2019 WL 3752497 (D. Minn. Aug. 8, 2019).

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.

Contract and Tort 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.
• 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. Pickett v. Superior Refining Co., No. 2018-CV-238, Dkt. No. 193 (July 31, 2019). Defending Calumet against Purchase Agreement claims brought by the buyer of the refinery.

Investigations and Enforcement

• Counseled medical device company on Defense Production Act compliance in relation 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.