OUR TEAM

Ralph E. Labaton

Partner

Ralph E. Labaton

Partner

Mr. Labaton’s diverse experience representing both plaintiffs and defendants in complex litigation matters provides his clients a unique, multi-dimensional perspective when responding to their needs.
Mr. Labaton’s diverse experience representing both plaintiffs and defendants in complex litigation matters provides his clients a unique, multi-dimensional perspective when responding to their needs.

OVERVIEW

Ralph E. Labaton is a Partner in the New York office of Haug Partners, where he focuses on antitrust litigation and other complex litigation matters.  He has significant experience litigating class actions across multiple industries, including reverse payment or “pay-for-delay” pharmaceutical actions.

Prior to joining the firm, Mr. Labaton was an associate at a national litigation firm where he represented institutional investors, businesses, and consumers in complex antitrust, securities, and data privacy litigation.  While in law school, Mr. Labaton worked as a legal intern for the U.S. Securities and Exchange Commission in the Division of Enforcement, and completed a fellowship with the Brooklyn Volunteer Lawyers Project.

Mr. Labaton earned his J.D. from Cornell Law School (2016) with a concentration in Business Law & Regulation, where he was the Vice President of the Mock Trial Board and a Co-Founder of The Louis D. Brandeis Center for Human Rights Under Law.  Mr. Labaton also earned the CALI Award for Excellence for his efforts in the Securities Law Clinic, where he represented investors in FINRA arbitration proceedings.  Mr. Labaton earned his B.B.A., cum laude, from Baruch College, Zicklin School of Business (2013).

Mr. Labaton also devotes his time to community efforts, including serving as a Member of the Young Professionals Committee of Friends of Jerusalem College of Technology.  Mr. Labaton is also serving as an editor of the ABA Antitrust Law Section’s IP and Antitrust Handbook publication.

REPRESENTATIVE MATTERS

  • Sage Chemical, Inc. et al v. Supernus Pharmaceuticals, Inc. et al., No. 1:22-cv-01302 (D. Del.), defending biopharmaceutical company in antitrust case related to subcutaneous injectable product for Parkinson’s Disease.
  • In re Amitiza Antitrust Litig., Nos. 1:21-cv-11057 & 1:21-cv-11255 (D. Mass.), defending biopharmaceutical company in alleged “pay-for-delay” case for IBS drug.
  • In re Intuniv Antitrust Litig., No. 1:16-cv-12653 (D. Mass.), defending biopharmaceutical company in alleged “pay-for-delay” case for ADHD drug.
  • In re Certain Bio-Layer Interferometers and Components Thereof, Inv. No. 337-TA-1344 (Int’l Trade Admin.), representing a laboratory instrument company alleging violations of section 337 of the Tariff Act for patent infringement.
  • Takeda Pharmaceuticals U.S.A. v. Mylan Pharmaceuticals Inc., No. 1:20-cv-00325 (D. Del.), representing a biopharmaceutical company alleging breach of contract and patent infringement related to an unauthorized ANDA launch for a Gout drug.
  • Meijer, Inc., et al. v. Shire LLC, et al., AAA Case No. 01-21-0002-3258 (AAA), successfully represented biopharmaceutical company in dispute over arbitrability of antitrust claim.
  • Damian v. Click Intel. Ltd., No. 20-cv-11066, 2022 U.S. Dist. LEXIS 24996, 2022 WL 428194 (S.D.N.Y. Feb. 11, 2022), obtained dismissal of court-appointed receiver’s fraudulent conveyance complaint related to an alleged Ponzi scheme.
  • Baxalta Inc. v. Bayer Healthcare LLC, No. 17-1316 (D. Del.), defended biopharmaceutical companies against alleged Walker Process patent fraud claims.
  • In re Facebook Inc. Internet Tracking Litig., 956 F.3d 589 (9th Cir. 2020), overturned dismissal of federal and state wiretap and invasion of privacy claims under a novel unjust enrichment theory for a putative class of Facebook subscribers related to post-logout tracking. Parties reached a $90 million settlement on remand.
  • In re Apple Device Performance Litig., No. 18-md-02827 (N.D. Cal.), assisted in recovering an up to $500 million settlement for a putative class of iPhone6, SE, and 7 owners related to computer intrusion and trespass claims related to device throttling.
  • Rodriguez v. Universal Prop. & Cas. Ins. Co., No. 16-60442 (S.D. Fla.), achieved substantial injunctive relief and financial benefit for a class of homeowners, fixing a website security vulnerability prior to a data breach.
  • Ollila v. Babcock & Wilcox Enters., No. 3:17-cv-109 (W.D.N.C.), recovered a $19.5 million settlement for investors in an energy and power company relating to the company’s claims regarding the value and growth prospects of its renewable energy segment.
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PUBLICATIONS

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SPEAKING ENGAGEMENTS

  • Antitrust Litigation: Class Certification Issues and Developments, Panelist, The Knowledge Group, Webinar, Sept. 29, 2022
  • Introduction to Pharmaceutical Antitrust Principles, Panelist, Haug Partners, Webinar, Jan. 19, 2022
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AWARDS

  • SuperLawyers® by Thomson Reuters, New York Rising Star in Antitrust Litigation, 2021 – Present
  • Lawyers of Distinction for Antitrust Law, 2021
  • 2021 JD Supra Readers’ Choice Awards for Antitrust & Trade Regulation, Top Read Article
  • Marquis Who’s Who in America, 2020-present
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EDUCATION

  • Cornell Law School, (J.D., 2016)
  • Baruch College, Zicklin School of Business (B.B.A., cum laude, 2013)
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BAR ADMISSIONS

  • New York
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • Southern District of New York
  • Eastern District of New York

MEMBERSHIPS

  • American Bar Association, Antitrust Law Section
  • Federal Circuit Bar Association
  • Food and Drug Law Institute

LANGUAGES

  • Hebrew

CONTACT

LOCATION

New York City
745 Fifth Avenue, 10th Floor, 
New York, NY 10151
745 Fifth Avenue, 10th Floor, New York, NY 10151