Debra Pearlstein

Partner

Weil, Gotshal & Manges LLP

Current

Current

United States v. AMR Corp.Key counsel for American Airlines in lawsuit brought by Department of Justice’s Antitrust Division alleging that American’s efforts to compete against low fare rivals constituted a violation of Section 2 of the Sherman Act. Ms. Pearlstein led the discovery team on one portion of the case as well as managed much of the day-to-day litigation efforts. She was one of the principal drafters of the briefs that led to the granting of summary judgment in American’s favor.  In re Managed Care LitigationOne of key counsel on conspiracy issues in this RICO conspiracy case brought by a class of physicians alleging that managed care organizations had denied, delayed and diminished physician reimbursement. Summary judgment on conspiracy issues granted to client United HealthCare.  Academy of Medicine of Cincinnati v. Aetna Health, Inc.and Kansas City Urology Care, P.A. v. Blue Cross and Blue Shield of Kansas City and Prime Care of Northeast Kansas, LLC v. Blue Cross and Blue Shield of Kansas CityLead counsel for United HealthCare in two class action lawsuits brought in 2002 by Cincinnati-area physicians and their local medical associations against local major managed care companies alleging violation of Ohio and Kentucky antitrust laws and in two similar class action cases brought in 2005 by Kansas City-area physicians against local managed care companies under Kansas and Missouri antitrust laws. The cases are still ongoing. Applera Corp. v. MJ Research, Inc.Lead antitrust counsel for Applera defending antitrust conspiracy and monopolization counterclaims asserted by MJ Research in response to a patent infringement action, winning summary judgment for Applera in December 2004 against all antitrust counterclaims and MJ's patent misuse defense.  Reyn's Pasta Bella, LLC v. MasterCard International, Inc. and Kendall v. MasterCard International Inc.One of lead counsel for MasterCard in two class actions brought on behalf of all merchants who accept MasterCard challenging MasterCard’s application of interchange fees to allocate costs and benefits among its issuing and acquiring banks. The Reyn's matter was dismissed by the district court, and that ruling was affirmed by the Ninth Circuit. The Kendall matter was also dismissed by the district court and is currently on appeal to the Ninth Circuit. Rohm v. Cree, Inc.Lead counsel for Cree in antitrust claims brought by competitor Rohm in Philadelphia. Ms. Pearlstein’s motion to dismiss for lack of jurisdiction succeeded in forestalling any action in this case while the patent infringement claims upon which the antitrust claims were based were litigated in other jurisdictions. The entire dispute between Rohm and Cree was ultimately settled favorably for Cree. American Airlines v. AirbusLead counsel for American Airlines in international arbitration of dispute over obligations of aircraft manufacturer to pay maintenance costs associated with its aircraft. Ms. Pearlstein’s preparation of the case lead to a settlement on the eve of the hearing favorable for American.  Solla v. Empire Blue Cross Blue ShieldLead counsel for Empire Blue Cross Blue Shield (now WellChoice) in lawsuit brought by class of chiropractors contending that coverage by the health plans of chiropractic services was constrained by a conspiracy among those health plans. Ms. Pearlstein successfully moved to dismiss the claims following limited discovery on the conspiracy issue, and successfully defended that outcome in argument before the Second Circuit.

Princeton University

1985

M.P.A

New York University

J.D.

1985

Williams College

B.A.

1981

Publication

Publication

Publication

49th Annual Antitrust Law Institute (New York, May 5-6, 2008) more

48th Annual Antitrust Law Institute (New York, May 07, 2007) Sponsored by PLI

Moderated panel of DOJ, FTC, and state enforcement officials at Practicing Law Institute's Antitrust Law Institute. (New York, May 01, 2007)

2007 Conference Board program, Antitrust Issues in Today's Economy (New York, March 01, 2007) Led session on counseling in new environment for horizontal restraints

Trial counsel in Antitrust Mock Trial presentation involving monopolization and patent misuse allegations held at the 2004 Section of Antitrust Law Spring Meeting. (New York, NY, May 01, 2004)

Moderated “Antitrust Litigation against the Government” panel as part of ABA Antitrust Section program “The Antitrust Litigation Course.” (Boston, October 16, 2003)

Remarks on Amendments to Hart-Scott-Rodino Act at Mergers & Acquisitions: Getting Your Deal Through in the New Antitrust Climate. (New York, NY, June 13, 2002)

Remarks on New Issues in the Parker and Noerr Immunities at the 2002 Antitrust Conference of the Conference Board. (New York, NY, March 07, 2002)

"Antitrust Issues in Today's Economy," Sponsored by Conference Board. (New York, NY, March 01, 2001)