Richard S. Goldstein, a Partner in Orrick’s Litigation Division, is based in the Firm's New York office. "Highly regarded" by clients and peers alike, according to Legal 500, Rick represents some of the world’s leading companies in federal and state antitrust litigation and investigations, complex commercial litigation, and securities litigation. 

Having spent part of his career in-house at Merck & Co., Inc., and as deputy general counsel of DoubleClick Inc., Rick has deep experience as a litigator from the perspective of both inside and outside counsel.

Rick has worked on several of the most prominent antitrust cases in recent years, including representation of a major software company in its successful defense against claims that it misused its IP to gain an illegal monopoly, representation of one of the largest vitamin manufacturers in China in multi-district class action concerning an alleged vitamin C industry cartel (the first antitrust case ever brought against Chinese defendants in a U.S. court), and representation of a global pharmaceutical company in nationwide litigation challenging industry pricing practices.

Rick’s commercial and securities litigation experience includes regular representation of a well-known investment bank in deal-related litigation; representation of a hedge fund in an international arbitration that resulted in a $50 million award for his client; securing dismissal of all claims against a Big Four auditor in securities litigation; defending board members of a land-holding corporation against shareholder claims of breach of fiduciary duty; and defending trustees of a coal company trust in a dispute concerning 27,000 acres of coal rights.

The New York State Bar Association designated Rick a 2014 Empire State Counsel for his pro bono representation of a domestic violence victim in immigration proceedings.

  • Rick's representative Litigation Engagements

    • Represent Microsoft Corporation in federal litigation against world's largest smartphone manufacturer concerning cross-licensing agreement.
    • Represent Aland (Jiangsu) Nutraceutical Co., one of the largest vitamin manufacturers in China, in its defense of claims that it fixed the price of vitamin C exported to the United States. This complex multi-district litigation is the first antitrust case brought against Chinese companies in a U.S. court.
    • Lead counsel for major pharmaceutical company in state Attorney General antitrust investigation. Investigation resulted in finding of no wrongdoing.
    • Defense of Microsoft Corporation in federal antitrust litigation brought by a foreign marketer of operating system “sharing” software, alleging that Microsoft misused its IP to monopolize certain markets. Dismissal affirmed by U.S. Court of Appeals for the Second Circuit.
    • Defense of Merck Sharp & Dohme Corp. in nationwide, multi-defendant litigation concerning the use of published Average Wholesale Price (AWP) in Medicaid pharmacy reimbursement formulas.
    • Obtained $50 million award for a hedge fund Amaprop Limited in a New York seated ICDR arbitration against a large, publicly traded Indian company.
    • Defended of Merck Sharp & Dohme Corp. against allegations of monopolizing the market for an oncology drug in violation of the federal antitrust laws. Dismissal motion granted.
    • Lead counsel for a premier investment bank in several litigation matters relating to corporate deals in the technology, health care, entertainment and sports industries.
    • Lead counsel for pharmacy benefit manager Medco Health Solutions, Inc., now part of Express Scripts Inc., in federal and state litigation alleging violation of a California statute concerning pharmacy dispensing fee studies. State court litigation dismissed; federal litigation pending.
    • Lead counsel for Merck & Co., Inc., in its successful defense of allegations by a secondary pharmaceutical wholesaler that major drug manufacturers and primary wholesalers conspired to refuse to sell to the plaintiff. Dismissal affirmed by the U.S. Court of Appeals for the Second Circuit.
    • Defended Ernst & Young Cayman Islands in securities litigation stemming from the collapse of a hedge fund that traded mortgage-backed securities. Summary judgment motion granted.
    • Counsel for trustees of a coal trust defending breach of contract and fraud allegations concerning the sale of coal rights to one of the world’s largest energy companies.
    • Represented Forest Electric Corp. (a unit of Emcor), the largest electrical contractor in New York City, in federal antitrust litigation brought by contractors not affiliated with a certain labor union.
    • Represented Banca Intesa S.p.A. in putative class action litigation alleging that several banks illegally fixed currency conversion fees. Dismissal affirmed by U.S. Court of Appeals for the Second Circuit.
    • Represented Visa U.S.A. Inc. in federal and state antitrust litigation brought by consumers and large national retailers challenging certain of Visa’s by-laws and business practices.

    Rick's representative Counseling Experience

    • Designed regulatory compliance programs for Merck & Co., Inc., and DoubleClick Inc.
    • Provided legal risk analysis of competitive intelligence gathering program for a technology company.
    • Counseled hedge fund on several strategic investment initiatives.
    • Advised periodicals industry trade association directors on antitrust and distribution issues.
    • Created outside counsel billing and retention policy for global pharmaceutical company.
    • Counseled Auxilium Pharmaceuticals on new product launch and distribution strategy.
    • Taught senior management seminars on the legal implications of marketing strategies.

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