J. Robert Abraham is a senior associate in the Litigation Department and a member of the Commercial Litigation, Healthcare, and Antitrust Practice Groups. His practice focuses on class actions, contractual disputes, and other complex commercial litigation. He has expertise in matters involving products regulated by the U.S. Food and Drug Administration (“FDA”), including extensive experience defending manufacturers against alleged violations of the False Claims Act, the Racketeer Influenced Corrupt Organizations (“RICO”) Act, and a variety of state consumer fraud statutes in connection with the marketing and promotion of pharmaceutical products.
Mr. Abraham has also regularly advised investors and investment funds in both the prosecution and defense of avoidance claims seeking to recover preferential and fraudulent transfers in connection with bankruptcy proceedings.
In addition to his litigation practice, Mr. Abraham also frequently assists clients in the context of mergers, acquisitions and other corporate transactions, both in conducting litigation and regulatory due diligence and in securing antitrust clearance before the U.S Department of Justice and Federal Trade Commission.
Mr. Abraham joined Debevoise in 2010. He received his J.D. from Columbia Law School in 2010, where he was a James Kent Scholar, served as senior editor of the Columbia Law Review, and won the Young B. Smith Prize (awarded for excellence in the study of torts). Mr. Abraham graduated from Cornell University in 2007 with a Bachelor of Arts in History and Economics.
During law school, Mr. Abraham served as a judicial extern for the Hon. Victor Marrero of the Southern District of New York and as a law clerk for United States Senator John Cornyn. In 2017, Mr. Abraham was selected by the National Review Institute as a New York Regional Fellow.
He is the author of “Saving Buckley: Creating a Stable Campaign Finance Framework,” 110 Colum. L. Rev. 1078 (2010).
- A major pharmaceutical company in defeating nine motions to certify classes of consumers and third-party payors and obtaining dismissal of all remaining claims in MDL actions alleging RICO and consumer fraud violations based on alleged fraudulent promotion of antidepressants.
- A major pharmaceutical company in obtaining dismissal of state law claims in First Circuit decision marking the first time since Wyeth v. Levine that a federal appellate court dismissed claims against a brand-name drug manufacturer pursuant to the “impossibility” preemption doctrine.
- A major pharmaceutical company in obtaining dismissal of qui tam action under the False Claims Act relating to marketing of prescription drug due to unethical behavior by relator’s counsel. In its dismissal, the district court, in addressing a novel legal issue, admonished counsel for obtaining medical information from physicians by engaging in “an elaborate scheme of deceptive conduct.”
- J.C. Flowers in litigation brought by the MF Global bankruptcy trustee seeking to recover dividends paid in connection with preferred stock.
- Notz, Stucki et Cie, its directors, and related entities, in litigation related to substantial investments with Bernard L. Madoff Investment Securities, in obtaining dismissal of investor class action litigation purporting to assert claims for fraud and breach of common law duties in connection with one of the firm’s managed funds, and in adversary proceedings brought by the Trustee of the BLMIS estate in the bankruptcy proceeding.
- Dennis Kozlowski, former CEO of Tyco, in defending action brought by Tyco seeking forfeiture and clawback of compensation and severance benefits.
- Columbia Law School, 2010, J.D.
- Cornell University, 2007, B.A.
- New York
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