Lauren Roberta Kennedy

Some of Kennedy’s recent representative matters include:

Antitrust

• Representing the Blue Cross Blue Shield Association (“BCBSA”) and more than a dozen member plans in consolidated multidistrict antitrust class action litigation—one of the largest class actions in the country—brought by putative classes of healthcare providers and health insurance subscribers alleging that the Association and its members have used the Association’s agreements to fix prices and limit competition. She also represents BCBSA and various member plans in related opt‑out litigation across the country brought by large self‑funded subscribers and providers.
• Representing BCBSA and several member plans in antitrust litigation brought by TranS1, a medical device company, alleging the Association and its members conspired to limit access to plaintiff’s AxiaLIF technology for performing spinal fusions.

• Represented Florida Blue in winning the dismissal in February 2021 of antitrust litigation filed by competitor Oscar Insurance alleging that Florida Blue’s exclusive agency relationships violated the Sherman Act and state competition laws.

• Represented American Express (“Amex”) in a lawsuit in the U.S. District Court for the Eastern District of New York brought by the Department of Justice and 17 state attorneys general alleging that certain provisions in Amex’s merchant agreements violate antitrust laws. The case culminated in a seven‑week bench trial, which was followed by successful appeals in favor of Amex in both the Second Circuit and the Supreme Court.

Contractual Disputes

• Represented a healthcare plan administrator as the claimant in a confidential arbitration proceeding alleging breach of contract. Won a significant portion of the case on summary judgment followed by a further victory after trial on the remaining counts, resulting in a substantial financial recovery for the client.
• Represented and won summary judgment for Spirit AeroSystems in a breach of contract lawsuit filed in Delaware Superior Court by The Boeing Company, seeking nearly $150 million in indemnification from Spirit for damages and expenses that Boeing incurred as a result of two proceedings initiated by former Boeing employees.
• Represented an Italian television manufacturer at trial in an action in Delaware Chancery Court against Royal Philips Electronics N.V. alleging breach of contract, fraud and other claims.

Securities and Shareholder Derivative Litigation

• Represented GreenSky and its officers and directors in class action securities litigation in New York state and federal courts alleging disclosure deficiencies in connection with GreenSky’s May 2018 initial public offering. Ms. Kennedy won the dismissal of the state court action, and the parties reached a settlement in the federal court action.
• Represented Chemed and various individual defendants in consolidated shareholder derivative litigation in Delaware federal court arising from alleged improper billing of Medicare and Medicaid.

Select Additional Representations

• Represented Mylan in a pharmaceutical patent infringement case in the West Virginia federal court against Teva, securing a trial victory after a seven‑day bench trial on the validity of the patents‑in‑suit.
• Represented Novartis in a civil enforcement action brought by the U.S. Attorney’s Office for the Southern District of New York alleging violations of the False Claims Act and Anti‑Kickback Statute.

• Represented and won summary judgment before the New York Court of Appeals for a professional services firm in an action brought by Nomura Asset Capital Corporation in connection with a commercial mortgage‑backed securitization.

• Represented NCR in several environmental actions brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) relating to the environmental remediation of Wisconsin’s Fox River and Michigan’s Kalamazoo River, culminating in two separate trials in Wisconsin and Michigan federal courts.

• Represented an MTA supervisor pro bono at a jury trial against the New York City Transit Authority in New York federal court alleging retaliation for reporting a hazardous safety condition in the New York City subway system.