Steven A. Reed

A trusted advisor to his clients, Steve is regularly called upon to tackle companies’ most critical legal challenges, which often include multiple dimensions. In addition to litigation, Steve has represented clients in response to government investigations by federal agencies, by state attorneys general in more than 40 states, and congressional inquiries in both the House and the Senate. He also counsels clients on risk mitigation strategies and during due diligence before corporate acquisitions. Steve’s clients include leading companies in pharmaceuticals and the life sciences, healthcare, insurance, oil and gas, technology, finance, retail, transportation, chemical, entertainment, banking, and paper and office products, among other industries.

Steve’s recent noteworthy matters include four MDLs (In re: National Prescription Opiate Litigation; In re: Generic Pharmaceuticals Pricing Antitrust Litigation; In re: North Sea Brent Crude Oil Futures Litigation; and In re: Zetia Antitrust Litigation); the defense of a lawsuit brought by the FTC challenging constitutionally-protected petitioning activity that presents a matter of first impression relating to the FTC’s authority to sue in federal court; the defense against a challenge by dozens of taxi cab companies to the competitive entry of a transportation network company in Philadelphia; the defense of a pharmaceutical company accused of entering into a “pay for delay” settlement with respect to a blockbuster drug; and the defense of a company accused of participating in an alleged, industry-wide price fixing conspiracy.

Antitrust litigation:

• In re: North Sea Brent Crude Oil Futures Litigation (S.D. NY) – lead counsel for global oil company and separate trading subsidiaries in multiple putative class actions alleging manipulation of the benchmark price for Dated Brent Crude Oil drawn out of the North Sea. Presently on appeal to Second Circuit following dismissal with prejudice.
• Federal Trade Commission v. Shire ViroPharma Inc. (D. DE) – lead counsel for pharmaceutical company in action brought by FTC asserting claims based upon the alleged filing of sham citizen petitions to delay generic entry. Dismissal with prejudice affirmed by Third Circuit.
• In re: Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. PA) – lead counsel for pharmaceutical company in multiple putative class actions asserting Sherman Act claims based upon alleged conspiracy to fix prices.
• In re: New Jersey Tax Sales Certificates Antitrust Litigation  (D. NJ) – lead counsel for financial institution in a consolidated putative class action alleging conspiracy to rig bids in municipal tax lien auctions throughout New Jersey. Class settlement affirmed by Third Circuit.
• Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc. (E.D. PA) – lead counsel for transportation network company defending against a Sherman Act claim alleging attempted monopolization brought by dozens of taxi cab companies. Dismissal with prejudice affirmed by Third Circuit. Petition for Certiorari denied.
• Medical Diagnostic Laboratories, LLC v. Independence Blue Cross (E.D. PA) – counsel for insurance company in action alleging exclusive dealing and conspiracy claims brought by medical laboratory. All claims dismissed with prejudice.
• Cable Line, Inc. et al. v. Comcast Cable Communications of Pennsylvania, Inc., et al. (M.D. PA) – lead counsel for entertainment and cable company in action brought by cable installers asserting Sherman Act claims. Dismissal with prejudice affirmed by Third Circuit.
• In re: Zetia Antitrust Litigation (E.D. VA) – lead counsel for pharmaceutical company accused of entering into “pay for delay” patent settlement with respect to blockbuster drug.
• Helicopter Helmet, LLC v Gentex Corporation, et al. (D. DE) – lead counsel for manufacturer of helicopter helmets in action brought by competitor. Presently on appeal to Third Circuit following dismissal with prejudice.
• Prescient Medicine Holdings, LLC v. Laboratory Corporation of America Holdings, et al. - counsel for insurance company in action alleging exclusive dealing and conspiracy claims brought by medical laboratory. Motion to dismiss granted.

Litigation involving pharmaceutical industry:

• In re: National Prescription Opiate Litigation (N.D. OH) – lead national counsel for pharmaceutical companies in nationwide litigation, in federal and state courts, asserting claims based upon allegedly fraudulent promotion of opioids. Member of Steering Committee and Negotiating Committee for manufacturer defendants.
• Federal Trade Commission v. Shire ViroPharma Inc. (D. DE) – lead counsel for pharmaceutical company in action brought by FTC asserting claims based upon the alleged filing of sham citizen petitions to delay generic entry. Dismissal with prejudice affirmed by Third Circuit.
• In re: Generic Pharmaceuticals Pricing Antitrust Litigation (E.D. PA) – lead counsel for pharmaceutical company in multiple putative class actions asserting Sherman Act claims based upon alleged conspiracy to fix prices.
• In re: Zetia Antitrust Litigation (E.D. VA) – lead counsel for pharmaceutical company accused of entering into “pay for delay” patent settlement with respect to blockbuster drug.
• Bruce G. O’Brien d/b/a Daedalus Biotech Advisors v. Shire plc, Shire Pharmaceutical Holdings Ireland Limited, Shire Pharmaceuticals International and Shire ViroPharma Incorporated (E.D. PA) – lead counsel for pharmaceutical companies in breach of contract case. 
• The Travelers Indemnity Co., et al. v. Cephalon, Inc., et al. (E.D. PA) – lead counsel for pharmaceutical company in action alleging fraudulent promotion of opioids. Dismissal with prejudice affirmed by Third Circuit.
• Indiana/Kentucky/Ohio Regional Council of Carpenters Welfare Fund v. Cephalon, Inc., et al. (E.D. PA) – counsel for pharmaceutical company in a class action alleging fraudulent promotion of opioids. Dismissed with prejudice.
• In re ACTIQ Sales and Marketing Practices Litigation (E.D. PA)  – counsel for pharmaceutical company in a class action alleging fraudulent promotion.
• Central Regional Employees Benefit Fund, et al. v. Cephalon, Inc., et al. (D. NJ) – counsel for pharmaceutical company in putative class action alleging fraudulent promotion. Dismissed with prejudice.
• In re ViroPharma Incorporated Securities Litigation (E.D. PA) – counsel for pharmaceutical company in putative shareholder class action alleging securities fraud.
• In re Nupathe Shareholder Litigation (Court of Common Pleas, Delaware County, PA) – lead counsel for pharmaceutical company in multiple class actions challenging merger.

Shareholder and derivative actions:

• Counsel for a health care company and directors in related class and shareholder derivative actions.
  • Teamster Local 456 Pension Fund v. UHS, Miller and Filton (E.D. PA)
  • David Heed v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Anthony Pantaleoni, Eileen C. McDonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs (E.D. PA)
  • Central Laborers’ Pension Fund v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Debra K. Osteen, Marvin G. Pember, Anthony Pantaleoni, Eileen C. Mcdonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs (E.D. PA)
  • Waterford Township Police & Fire Retirement System v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Anthony Pantaleoni, Debra K. Osteen, Marvin G. Pember, Eileen C. McDonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs (E.D. PA)
  • Amalgamated Bank Longview Funds v. Charles F. Boyle, Steve G. Filton, Lawrence S. Gibbs, John H. Herrell, Robert H. Hotz, Eileen C. McDonnell, Alan B. Miller, Marc D. Miller, Debra K. Osteen, Anthony Pantaleoni, and Marvin G. Pember (E.D. PA)
  • Delaware County Employees' Retirement Fund, et al. v. Alan B. Miller, Marc D. Miller, Steve G. Filton, Charles F. Boyle, Matthew D. Klein, James M. Caponi, Anthony Pantaleoni, Eileen C. McDonnell, Robert H. Hotz, John H. Herrell, and Lawrence S. Gibbs, C.A.(Delaware Court of Chancery)
• Brenda Scott, et al. v. Micros Systems, Inc. (Circuit Court Howard County, MD) – lead counsel for company and directors in multiple shareholder actions challenging multi-billion-dollar merger. Dismissed with prejudice; affirmed on appeal.
• Counsel for auto supply company in multiple shareholder actions challenging merger.
  • Edwards v Goldfarb, et al. (E.D. PA)
  • Tindel v. Sider, et al., (Court of Common Pleas, Philadelphia County, PA)
  • Katz v.  Sider, et al. (Court of Common Pleas, Philadelphia County, PA)
  • Solak v. Goldfarb, et al. (Court of Common Pleas, Philadelphia County, PA)
  • Bushansky v. Hotz, et al. (Court of Common Pleas, Philadelphia County, PA)
• In re ViroPharma Incorporated Securities Litigation (E.D. PA) – counsel for pharmaceutical company in putative shareholder class action alleging securities fraud.
• In re Nupathe Shareholder Litigation (Court of Common Pleas, Delaware County, PA) – lead counsel for pharmaceutical company in multiple class actions challenging merger.
• In re Wausau Paper Corp. Shareholder Litigation (Circuit Court Milwaukee County, WI) – lead counsel for paper company in multiple class actions challenging merger.

Appellate Representations

• In re: North Sea Brent Crude Oil Futures Litigation (S.D. NY) – lead counsel for global oil company and separate trading subsidiaries in multiple putative class actions alleging manipulation of the benchmark price for Dated Brent Crude Oil drawn out of the North Sea. Presently on appeal to Second Circuit following dismissal with prejudice.
• Federal Trade Commission v. Shire ViroPharma Inc. (D. DE) – lead counsel for pharmaceutical company in action brought by FTC asserting claims based upon the alleged filing of sham citizen petitions to delay generic entry. Dismissal with prejudice affirmed by Third Circuit.
• In re: New Jersey Tax Sales Certificates Antitrust Litigation (D. NJ) – lead counsel for financial institution in a consolidated putative class action alleging conspiracy to rig bids in municipal tax lien auctions throughout New Jersey. Class settlement affirmed by Third Circuit.
• Philadelphia Taxi Association, Inc. v. Uber Technologies, Inc. (E.D. PA) – lead counsel for transportation network company defending against a Sherman Act claim alleging attempted monopolization brought by dozens of taxi cab companies. Dismissal with prejudice affirmed by Third Circuit. Petition for Certiorari denied by Supreme Court.
• Cable Line, Inc. et al. v. Comcast Cable Communications of Pennsylvania, Inc., et al. (M.D. PA) – lead counsel for entertainment and cable company in action brought by cable installers asserting Sherman Act claims. Dismissal with prejudice affirmed by Third Circuit.
• Helicopter Helmet, LLC v Gentex Corporation, et al. (D. DE) – lead counsel for manufacturer of helicopter helmets in action brought by competitor. Presently on appeal to Third Circuit following dismissal with prejudice.
• The Travelers Indemnity Co., et al. v. Cephalon, Inc., et al. (E.D. PA) – lead counsel for pharmaceutical company in action alleging fraudulent promotion of opioids. Dismissal with prejudice affirmed by Third Circuit.
• Brenda Scott, et al. v. Micros Systems, Inc. (Circuit Court Howard County, MD) – lead counsel for company and directors in multiple shareholder actions challenging multi-billion-dollar merger. Dismissed with prejudice; affirmed on appeal.