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Lauren Bernstein

Counsel

New York

Lauren Bernstein represents clients in high-stakes litigation, arbitration, and regulatory investigations, with a focus on antitrust litigation and complex commercial disputes.

Lauren’s practice spans the full spectrum of dispute resolution, from pre-litigation counseling and strategy development to trial and appeal in high-profile antitrust and complex commercial litigation matters. She has worked with clients to evaluate and navigate potential disputes and assess opportunities to settle or negotiate a resolution ahead of litigation. Additionally, she helps clients develop robust dispute resolution strategies at the transactional stage, advising on dispute resolution clauses and positioning clients for favorable outcomes in potential future disputes.

Lauren has extensive experience representing clients in the life sciences industry in disputes arising from drug development, licensing, and joint ventures, and has defended clients in multi-billion dollar arbitrations and antitrust litigation, including multidistrict proceedings.

Lauren is dedicated to giving back to her community through her pro bono practice. She has been instrumental in providing legal advice and support to pro bono clients related to reproductive rights, including securing a preliminary injunction in North Dakota blocking the state’s ban on abortion, which was affirmed unanimously by the North Dakota Supreme Court. She also is an active member of her local synagogue in New York, including by serving on the membership committee.

    • A global pharmaceutical company in connection with numerous engagements, including many complex disputes arising out of drug development, licensing, joint ventures, and other transactions, often with hundreds of millions of dollars at stake. These include, among others:
      • Defending an international arbitration on behalf of a company subsidiary arising out of a licensing dispute surrounding the marketing and sale of certain flu vaccines;
      • Investigating a number of potential claims arising out of a multi-billion dollar asset swap transaction
      • Advising on various pre-litigation matters pertaining to the company’s drug development collaboration agreements with another life sciences company; and
      • Resolving through mediation a claim pursuant to a master service agreement made following a merger.
    • A seller in post-closing indemnification claims with hundreds of millions of dollars at stake. Lauren advised on strategy, drafted briefs, and successfully negotiated a favorable resolution
    • A global pharmaceutical company suing a competitor for monopolization in federal court. Lauren drafted dispositive motions and worked on expert discovery.
    • A national e-commerce company in an antitrust lawsuit filed by a competitor in California Superior Court, LA county. Lauren worked on all aspects of the engagement, including removal of the case to California federal court, initial motion practice, discovery, and settlement negotiations.
    • A major television network in a programming dispute with a national cable operator following a merger, which was successfully resolved by settlement, as well as in a series of putative class actions arising out of a blockbuster boxing match, in which the court granted the network’s motion to compel individual arbitration, ultimately leading to settlement.

    Representative experience may have occurred prior to joining Orrick