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New York Office:
1585 Broadway
Fax 212.969.2900
Los Angeles Office:
2049 Century Park East, 32nd Floor
Fax 310.557.2193
Practice Areas:
Accountant's Liability
Antitrust
Alternative Dispute Resolution
Copyright
Defamation
Director & Officer Liability
Commercial Litigation
Fiduciary Duty Of Directors
First Amendment
Intellectual Property
Libel
Appellate
Non-Compete & Trade Secrets
Hatch - Waxman Act
Life Sciences
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| Education: |
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FORDHAM UNIVERSITY SCHOOL OF LAW, LL.B., CUM LAUDE, 1967 |
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EDITOR-IN-CHIEF, FORDHAM LAW REVIEW, 1966-1967 |
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STATE UNIVERSITY OF NEW YORK AT BINGHAMTON, B.A., 1964 |
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| Bar Admission: |
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12/21/1967 NEW YORK |
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| Court Admissions: |
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1968 U.S. COURT OF APPEALS, SECOND CIRCUIT |
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1969 U.S. DISTRICT COURT, NEW YORK, EASTERN DISTRICT |
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1969 U.S. DISTRICT COURT, NEW YORK, SOUTHERN DISTRICT |
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1972 SUPREME COURT OF THE UNITED STATES |
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1973 U.S. DISTRICT COURT, CONNECTICUT |
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1986 U.S. COURT OF APPEALS, NINTH CIRCUIT |
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1986 U.S. COURT OF APPEALS, DISTRICT OF COLUMBIA CIR. |
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1990 U.S. COURT OF APPEALS, TENTH CIRCUIT |
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1992 U.S. DISTRICT COURT, MICHIGAN, EASTERN DISTRICT |
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1994 U.S. COURT OF APPEALS, SIXTH CIRCUIT |
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1995 U.S. COURT OF APPEALS, SEVENTH CIRCUIT |
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1997 U.S. COURT OF APPEALS, THIRD CIRCUIT |
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2001 U.S. COURT OF APPEALS, ELEVENTH CIRCUIT |
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2001 U.S. COURT OF APPEALS, FEDERAL CIRCUIT |
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2006 U.S. DISTRICT COURT, COLORADO |
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| Honors and Awards: |
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FELLOW, AMERICAN COLLEGE OF TRIAL LAWYERS |
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| Biography:
Ron Rauchberg has successfully litigated complex commercial cases for a long
list of notable clients including Alcatel U.S.A., the Association of American
Publishers, Autodesk, Biovail, Citibank, Ernst & Young, MBIA, MetLife, the
National Basketball Association, The Rockefeller Group, Sony Pictures, Viacom,
and Wells Fargo, to name some.
His practice has included virtually all manner of commercial disputes. Here
are representative examples of his cases:
- Ron handled the challenge to the facial validity of New York's "Son-of-Sam"
law on First Amendment grounds and obtained the favorable decision of the
Supreme Court in Simon & Schuster, Inc. v. New York Crime Victims Board,
502 U.S. 105 (1991).
- He obtained the dismissal of treble damage actions brought against Biovail Corporation by classes of direct and indirect purchasers of one of its pharmaceutical products even after the FTC found that the Company had violated the antitrust laws by erecting barriers to generic entry. Meijer, Inc. v. Biovail Corporation, D.C.Cir, July 25, 2008, No. 05-7066.
- He represented MetLife in achieving a major victory for the insurance industry
under the Americans With Disabilities Act in Parker v. MetLife, 121
F.3d 1006 (6th Cir. 1997) (en banc).
- He obtained the dismissal of copyright litigation against Sony Pictures by
establishing the principle that assignees of copyright claims who do not have
an interest in the copyright do not have standing to sue. Silvers v. Sony
Pictures Entertainment, 2005 WL 678735 (9th Cir.) (en banc).
- He represented the plaintiffs in Basic Books, Inc. et al. v. Kinko's
Graphics Corp., 758 F. Supp. 1522 (S.D.N.Y. 1991) (three-week trial),
and Princeton University Press v. Michigan Document Service, 99 F.3d
1381 (6th Cir. 1996) (en banc) (summary judgment), test cases sponsored by
the Association of American Publishers against chains of copy shops which
succeeded in establishing principles of copyright law of importance to all
book publishers.
- He successfully conducted the 50-day trial of an SEC disciplinary proceeding
in which the Commission had accused a leading accounting firm and two of its
partners of fraud.
- He represented Ernst & Young in its completely successful defense of In
re SCT Securities Litigation, a case in which other defendants settled
by paying the highest amount ever paid until then in a securities class action
in the Eastern District of Pennsylvania.
- He represented MBIA and Wells Fargo in establishing insurance coverage worth
nearly $400 million in MBIA Ins. Corp. v. Royal Indemnity Co., 426
F.3d 204 (3d Cir. 2005).
- He represented Simon & Schuster in its successful defense of price
discrimination proceedings brought by the Federal Trade Commission.
- He has handled patent and antitrust claims arising in the context of the Hatch-Waxman
Act; for example, defeating a motion for a preliminary injunction seeking
the de-listing of a patent in the FDA's Orange Book and defeating an effort
to shorten the statutory 30-month stay provided under the Act. See Andrx
Pharmaceuticals, Inc. v. Biovail Corp., 276 F.3d 1368 (Fed. Cir. 2002).
- He represented the NBA in its successful defense of its television licensing
policies in an antitrust challenge brought by the Chicago Bulls and WGN.
- He conducted the three-week trial of a challenge brought by an investment
vehicle of the Pritzker family to the running of a limited partnership by
Radio City Music Hall and The Rockefeller Group, and succeeded in defeating
the claims. Red Sail Easter Limited Partners v. Radio City Music Hall Productions,
1993 WL 287620 (Del. Ch.).
- He represented Bob Woodward and Simon & Schuster in the successful defense
of libel litigation growing out of Wired, Woodward's biography of John
Belushi.
Ron is a Fellow of the American College of Trial Lawyers. He is the Co-Chair of the Firm’s Antitrust Practice Group. For four years he
was Chair of Proskauer's 200-lawyer Litigation and Dispute Resolution Department,
and he has served as a member of the Firm's Executive Committee.
Ron was graduated from Fordham Law School in 1967, where he was ranked first
academically in his class and was Editor-In-Chief of the Fordham Law Review.
He has been at Proskauer Rose LLP since then.
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