Justin P. Raphael

Justin P. Raphael

Justin Raphael is a litigation partner in the San Francisco office of Munger, Tolles & Olson.

His practice is focused on antitrust litigation, including antitrust claims related to intellectual property, as well as complex civil litigation.

Prior to joining Munger Tolles, Mr. Raphael was a litigation associate at Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York. He also served as a law clerk to the Honorable Richard J. Holwell of the U.S. District Court for the Southern District of New York.

Mr. Raphael graduated magna cum laude from Harvard Law School, where he was the commencement speaker, and assisted the Office of the Prosecutor at the International Criminal Tribunal for the Former Yugoslavia in The Hague. Mr. Raphael received his undergraduate degree, summa cum laude, from the University of Pennsylvania where he was elected to Phi Beta Kappa.


Key Representations

  • Google 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.
  • Lyft, Inc. in multiple cases asserting that drivers using Lyft’s service should be treated as employees. Mr. Raphael was part of the team that successfully defended multiple preliminary injunction motions seeking immediate classification of drivers as employees. 
  • Lyft Inc. with respect to an antitrust challenge to its hiring and pricing practices brought by a purported class of private car service providers.
  • 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)
  • An online service provider with respect to antitrust and other claims challenging conduct related to protecting its platform against scraping. 
  • 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.
  • 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)
  • 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.