Richard E. Coe represents clients in complex disputes involving antitrust, mergers and acquisitions, securities and corporate governance issues. He routinely handles class action cases and has particular experience in the pharmaceutical and financial services industries.
He is co-leader of the Commercial Litigation Team. Rick frequently represents public companies, their directors and officers, and investors in the defense of claims arising from corporate transactions.
He has defended clients against challenges to mergers and acquisitions; prosecuted and defended clients in indemnification disputes asserting breaches of representations and warranties in deal documents; negotiated working capital disputes, defended officers and directors against breach of fiduciary duty claims; represented the company or a committee of the board of directors in connection with several special investigations; and represented companies in books and records disputes.
He also litigates a number of matters involving complex accounting issues and has a demonstrated ability to distill complex accounting issues into themes and arguments that can persuade a judge or jury. Rick also advises clients during the negotiation of transactions to help them reduce the risk of disputes after the deal is closed.
Rick has defended companies against antitrust claims in state and federal courts as well as in government investigations. He has represented clients in the pharmaceutical, computer software and health care sectors against charges of price fixing, price discrimination, refusals to deal and other sorts of anticompetitive conduct.
His class action experience includes representing defendants in the In re Pharmacy Benefit Managers Antitrust Litigation and In re Blood Reagents litigations. Rick also has counseled pharmaceutical companies and other clients on antitrust issues, including those related to pricing, distribution, exclusive dealing, joint ventures, the settlement of patent litigation and the marketing of authorized generics.
- Corporate Governance and M&A Litigation : Rick has significant experience with corporate governance and M&A litigation. His representative matters include :
- Represented trustee appointed by bond holders in action to enjoin debt offering; received favorable ruling after preliminary injunction hearing that resulted in issuer restructuring debt offering.
- Represented an investment adviser in case asserting breach of a non-disclosure agreement signed in connection with due diligence for a potential transaction; successfully defeated motion to dismiss and motion for summary judgment.
- Represented multi-national private label beverage manufacturer in case asserting breach of representations and warranties in an asset purchase agreement; obtained significant settlement for client.
- Represented provider of IT and consulting services to health care industry in lawsuit challenging the sale of the company on the grounds that it undervalued the company’s stock; successfully motioned for a preliminary injunction.
- Represented mutual fund in class action litigation challenging fund’s investments for Alabama’s Prepaid Affordable College Tuition program; won motion to dismiss all claims.
- Represented plaintiff software company in a matter asserting securities law and misappropriation of trade secrets claims as well as claims for breach of an earnout provision in a purchase agreement; defeated a motion to dismiss and settled on favorable terms for our client.
- Antitrust : Rick has experience in the following Antitrust representative matters :
- Representing pharmaceutical company in nationwide class action alleging that it fixed the price of blood reagents; successfully convinced the 3rd U.S. Circuit Court of Appeals to vacate the trial court’s class certification order.
- Represented pharmaceutical company in case alleging the nation’s major pharmaceutical manufacturers fixed the price of prescription drugs; won summary judgment and had decision affirmed by the California Court of Appeals and Supreme Court.
- Represented health care system against claims that it monopolized a market for ambulance services; plaintiff accepted an offer of judgment made by our client after we filed a number of motions in limine on the eve of trial.
- Represented health care consulting company against claim that their collection of hospital reimbursement data facilitated a price-fixing conspiracy; won motion to dismiss all claims.
- White Collar : Rick has experience in these and other White Collar representative matters :
- Represented founder and CEO of a professional services firm in investigation by IRS criminal investigators into suspected corporate tax deductions for personal expenses; convinced the IRS to discontinue the investigation before indictment.
- Represented university in senate committee investigation of recruiting practices of proprietary educational institutions.
- Represented insurance company in RICO lawsuit against medical providers challenging their fraudulent billing practices and alleged attempted murder of insurance company’s former counsel; forced providers to discontinue their practice.
- Represented national telecommunications provider in investigation of qui tam claim asserted by former employee alleging telecommunications company improperly billed government for fraudulent phone calls.
- Environmental and Products Liability
- Represented petroleum distribution company against medical monitoring claim asserted on behalf of residents Hazleton, Pennsylvania claiming petroleum company was responsible for groundwater contamination. The court granted our motion for summary judgment and its decision was affirmed on appeal.
- Represented a valve manufacturer in a variety of asbestos matters in the Philadelphia Court of Common Pleas.
- Represented several waste industry haulers in lawsuits challenging municipal flow control ordinances on the grounds that they violated the Commerce Clause of the United States Constitution.
- Represented a number of defendants in environmental litigation brought by municipality against neighboring businesses to recover costs to clean up groundwater contamination under landfill.
- Harvard Law School, J.D., 2003, cum laude, Head Class Marshall
- United States Naval Academy, B.S., 1995, with distinction
Bar Admissions : Massachusetts, New Jersey, Pennsylvania
Court Admissions :
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Pennsylvania
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