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Bob Atkins has been a litigator at Paul, Weiss for 28 years and is the Chairman of the firm’s legal ethics committee. He has tried cases in state and federal courts, most recently an antitrust trial in the Eastern District of Texas. Bob has been recognized by U.S. News & World Report as one of the “Best Lawyers” in the U.S. in Antitrust Litigation.
Bob handles litigations and government investigations in a wide range of matters and industries, including antitrust and product liability class actions in the medical products business, mass tort actions arising from the 9/11 attacks, struggles for corporate control in the insurance and newspaper industries, charges of payola in the radio industry, false advertising lawsuits in the healthcare industry, and trademark and copyright infringement in the movies and on TV.
Bob represents Becton Dickinson (BD) in antitrust lawsuits and class actions, as well as government investigations regarding the sale of medical devices. Bob tried a Sherman Act case for BD in Tyler, Texas, winning a defense verdict on all the Section 1 and Clayton Section 3 claims. Bob defended BD in a nine-year antitrust class action in the District of New Jersey, alleging monopolization and exclusive dealing, including a successful appeal to the Third Circuit that established the standard for direct purchaser standing in that circuit. In re Hypodermic Prods. Antitrust Litig., 484 Fed. Appx. 669 (3d Cir. 2012).
He represents IBM in unfair competition litigation and commercial disputes and is trial counsel for PharMerica, one of the country's leading pharmacy companies.
Bob also represented CIT Group in winning a motion to dismiss before the U.S. District Court for the District of Delaware, and confirming the victory on appeal to the Third Circuit in a price-fixing conspiracy case. CIT and co-defendants were accused of violating Section 1 of the Sherman Act by sharing confidential information about their clients' customers and reaching agreements regarding the terms and conditions of credit to be extended.
Bob also defends product liability and negligence suits involving allegations of unsafe products, defective medical devices and the transmission of infectious diseases. His representations include:
Bob has litigated high profile disputes over corporate control and management, including the representation of AIG, the litigations between Hollinger and its former CEO Lord Conrad Black, and the thwarted hostile takeover of True North Communications.
In addition to his commercial practice, Bob regularly litigates voting rights cases and Constitutional challenges to voter registration and identification laws. Bob serves as the Co-Chair of the Board of the Brennan Center for Justice at New York University School of Law.
See Library Tab for articles, publications and presentations by Robert Atkins
Jul 10, 2015 | Publications
Second Circuit Applies Highly Fact-Specific Primary Beneficiary Test to Determine Whether an Unpaid Intern Is an Employee under the FLSA
Jul 02, 2015 | Publications
Federal Judge Preliminarily Enjoins Sysco-US Foods Merger and Parties Abandon the Transaction
Jun 03, 2015 | Publications
Second Circuit Applies Rule of Reason to Uphold Preliminary Injunction Preventing Manufacturer from Removing Alzheimer’s Drug from Market
Apr 13, 2015 | Publications
Third Circuit Court of Appeals Joins Other Circuits in Applying Daubert to Expert Testimony at Class Certification
Mar 30, 2015 | Publications
Sixth Circuit Court of Appeals Adopts Below-Cost Standard for “Non-Explicit” Tying Arrangements
Feb 17, 2015 | Publications
Court of Appeals Upholds Decision Unwinding Consummated Merger of Two Physician Groups Following FTC Suit
Dec 09, 2014 | News
Brennan Center Elects Robert Atkins as New Co-Chair
Dec 10, 2014 | Publications
New York Appellate Division, First Department, Upholds Assertion of “Common Interest” Privilege in the Absence of Pending or Anticipated Litigation
Jun 11, 2014 | Publications
S.D.N.Y. Rules on the Outer Limits of Conditional Certification in a Collective Action Brought by Unpaid Interns Under the FLSA
Apr 18, 2014 | News
General Atlantic Completes Investment in Alignment Healthcare
Apr 22, 2014 | Publications
Federal Court Rules “Loyalty Discounts” Do Not Violate Antitrust Laws Unless Below-Cost
Jan 29, 2015
Benchmark Litigation Names Paul, Weiss “Antitrust Firm of the Year”
Sep 10, 2012