Overview
Justin Raphael is a litigator and trial lawyer whose practice is focused on antitrust litigation and complex civil litigation, particularly matters related to technology, digital platforms and intellectual property.
He has tried several high-profile matters and his antitrust experience spans trial practice, class certification and appeals.
Justin has been recognized as an Up and Coming antitrust lawyer by Chambers USA.
Capabilities
Experience
Antitrust Litigation
Individual Actions
Google at trial and in multi-district litigation encompassing private, class and government enforcement actions alleging anticompetitive conduct in connection with the Google Play Store and the Android operating system. In re Google Play Antitrust Litigation. Justin led the effort to win exclusion of testimony from the consumers’ and state attorney generals’ damages expert, eliminating $8 billion potential damages.
American Express in obtaining a Supreme Court victory in a lawsuit brought by 17 states and the U.S. Department of Justice alleging that the credit card company’s merchant contracts are anti-competitive.
Solvay Pharmaceuticals, Inc. in defense of claims by the Federal Trade Commission and a nationwide class action asserting antitrust challenges to patent settlements. FTC v. Actavis; In re Androgel Antitrust Litig. (nationwide MDL)
Lyft Inc. in antitrust claims challenging its pricing practices.
1-800 Contacts in defense of claims by the Federal Trade Commission asserting antitrust challenges to trademark settlements, including at trial before an administrative law judge, as well as numerous nationwide class actions asserting similar antitrust claims.
Class Actions
MGM Resorts International in obtaining dismissal of two putative antitrust class actions alleging that the defendants improperly used algorithmic pricing software.
NCAA in defense of two nationwide antitrust class actions challenging bylaws regarding volunteer coaches.
NCAA at trial in defense of a nationwide class action against antitrust and intellectual property claims relating to NCAA rules that allegedly preclude collegiate basketball and football athletes from being paid for the alleged use of their name, image and likeness. O’Bannon v. NCAA (In re Student-Athlete Name and Licensing Litigation)
Amgen in defending an antitrust class action alleging monopolization of etanercept.
Complex Civil Litigation
Lyft, Inc. in multiple cases asserting that drivers using Lyft’s service should be treated as employees, including at trial of claims brought by the attorney general of Massachusetts. Justin also was part of the team that successfully defended multiple preliminary injunction motions seeking immediate classification of drivers as employees.
The Norton Simon Museum in obtaining summary judgment in a dispute involving the ownership of two paintings in the museum’s collection. The victory was named among the Daily Journal’s Top Verdicts of 2016 and earned the defense team a Daily Journal 2017 California Lawyer Attorney of the Year (CLAY) Award.
Activision in defense of right of publicity claims brought by former Panamanian dictator Manuel Noriega in which he claims that his depiction as a minor character in Call of Duty: Black Ops II violates his right of publicity and California’s unfair competition statute.
An online service provider before the Foreign Intelligence Surveillance Court challenging government restrictions on disclosure of government requests for member data.
More
- Chambers USA, “Up and Coming,” Antitrust, California, 2024
Speaking Engagements
- Panelist, “Balancing Innovation and Regulation in Artificial Intelligence,” Technology Economics Competition Institute, Oct. 23, 2024
- Panelist, “Tech Litigation,” Global Competition Law Conference, June 6, 2024
- Panelist, “New Frontiers in Market Definition,” American Bar Association’s 72nd Antitrust Law Spring Meeting, April 2024
News & Insights
Awards & Recognitions