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Overview

A very skilled practitioner and a sophisticated advocate for his clients ... He's very well known in the legal community and is a real weapon.

- Chambers USA 2017-2018

Jay B. Shapiro is a Shareholder in the Litigation Department. He is a member of the Firm's Board of Directors and sits on the Firm's Executive Committee. From 1998 to 2004, Jay served as the Firm's Managing Director.

Jay has a national litigation practice, regularly arguing cases before trial and appellate courts across the country. Jay represents public and private companies in a wide variety of complex commercial litigation matters, including antitrust litigation, securities litigation, intellectual property litigation, pharmaceutical litigation, defamation and libel law, deceptive and unfair trade practices, directors’ and officers’ liability, insurance coverage litigation, civil theft, and federal and state civil RICO actions. He also has extensive experience defending and prosecuting class actions.

Representative Experience

  • Obtained $151,250,000 recovery on behalf of class of indirect purchasers in antitrust litigation against the leading U.S. and Canadian manufacturers of polyurethane foam involving a cross-border price fixing and market allocation conspiracy. The amount represents the fourth largest antitrust recovery ever on behalf of an indirect purchaser class.
  • Obtained multimillion dollar recovery on behalf of multinational petroleum coke and energy trading company in litigation against two of the company’s former executives and their co-conspirators arising out of international embezzlement and product diversion scheme.
  • Defeated Bristol-Myers Squibb in billion dollar patent and other litigation instituted by Bristol in various federal and state courts around the country in an effort to block generic competition for the largest selling anti-cancer drug in the world, Taxol. Subsequently obtained a $65,000,000 recovery from Bristol in antitrust litigation brought on behalf of a class of direct purchasers of Taxol, arising out of Bristol’s prior efforts to block generic competition for the drug.
  • Obtained multimillion dollar recovery as lead counsel representing a class of 33 Florida counties in an action to recover unpaid Tourist Development Taxes from various online travel companies (Expedia, Priceline, Travelocity, Orbitz, etc).
  • Obtained dismissal with prejudice of all claims brought against the Chief Judge of Florida’s Third District Court of Appeal in a highly publicized lawsuit challenging whether the judge satisfied Florida’s residency requirements. Jay has also represented other members of the Florida judiciary in various matters.
  • Obtained $55,000,000 recovery against Toyota and General Motors on behalf of a class of domestic automobile purchasers in antitrust litigation involving the imposition of wrongful export restraints.
  • Obtained $36,000,000 recovery as co-lead counsel in antitrust litigation arising out of Organon’s efforts to block generic competition for the drug mirtazapine (sold by Organon under the brand name Remeron®).
  • Obtained dismissals of numerous actions challenging the purchase and/or sale of multimillion dollar life insurance policies brought against country’s largest secondary market purchaser of such policies and various trustees appointed in connection with such transactions.
  • Argued a case of first impression before the United States Court of Appeals for the Ninth Circuit on the issue of whether a private right of action exists under the Federal Food, Drug and Cosmetic Act to compel the listing of a pharmaceutical patent with the United States Food and Drug Administration. The appeal originated from a lower court judgment in favor of Jay’s client, and the case was settled in favor of Jay's client shortly after oral argument on the appeal.
  • Obtained a complete defense judgment in trademark litigation brought against his client, the largest commercial bank based in Florida, over use of the phrase “Florida’s Most Convenient Bank.” He also represented that same banking client in a change of control protest before the Office of the Comptroller of the Currency.
  • Obtained permanent injunction in trade dress action on behalf of internationally renowned manufacturer of high-end men’s shirts against infringing competitor.
  • Defeated CollaGenex’s efforts to block the entry of a generic version of Periostat (doxycycline hyclate), an important antibiotic used in the treatment of periodontal disease. After intervening in litigation brought by CollaGenex against the FDA to block approval of any competing generic version of Periostat, Jay persuaded the court to overturn an injunction that had been entered against FDA barring such approval, and ultimately obtained a final summary judgment clearing the way for approval of a competing generic product. Jay also defeated the efforts of CollaGenex to obtain an injunction barring generic competition in a related patent infringement action.
  • Obtained a complete defense judgment in a multimillion dollar breach of contract action involving revenue sharing provisions in a complex aircraft leasing dispute. 
  • Defeated the efforts of Pfizer to enjoin the market entry of a low-dose generic tablet version of Neurontin (gabapentin), one of the largest selling epilepsy drugs in the world.
  • Defeated the efforts of Alpharma to obtain market exclusivity for a generic version of Glucophage (metformin), the largest selling drug used to treat adult Type II diabetes. 
  • Defeated Hoechst Marion Rousell in multimillion dollar litigation involving the anti-allergy drug Seldane (terfenadine).
  • Obtained the dismissal of claims brought by Endo Pharmaceuticals challenging the market entry of Jay's client as an authorized generic distributor of OxyContin, one of the world’s largest selling prescription pain medications.
  • Obtained a dismissal with prejudice of claims brought by a qui tam plaintiff under the False Claims Act, in which plaintiff sought over $30 billion in damages based on a purportedly fraudulent scheme by Jay's client (as well as every major pharmaceutical manufacturer in the country) in connection with the use of in-process validation methods to obtain drug approvals from the FDA.
  • Obtained a number of significant defense victories in “bet the company” securities and shareholder class action litigation. Some of these victories resulted in precedent-setting decisions which have received national commentary, including the leading decision from the United States Court of Appeals for the Eleventh Circuit on what constitutes a “forward looking statement” within the meaning of the safe-harbor provisions of the Private Securities Litigation Reform Act of 1995. Jay was also instrumental in defeating the efforts of a class of shareholders to interfere with a then-pending merger between one of his clients and a leading Norwegian pharmaceutical company. The case was ultimately dismissed without payment of any kind by Jay's client.
  • Acted as counsel for a major pharmaceutical company in a multibillion dollar litigation brought by numerous state governments in various courts around the country against numerous pharmaceutical manufacturers relating to various Average Wholesale Price ("AWP") issues in connection with pharmaceutical sales to those states.
  • Successfully represented pharmaceutical manufacturer in litigation against the FDA, overturning the Agency’s refusal to award marketing exclusivity for a generic version of Zocor (simvastatin), one of the largest selling anti-cholesterol drugs in the world.
  • Represents the leading developer and manufacturer of transdermal drug delivery systems in various litigation matters, including litigation over the ownership of core patents covering the transdermal administration of numerous pharmaceutical agents.
  • Represented one of the world’s largest medical device manufacturers in patent litigation involving diabetes testing systems.
  • Acted as co-counsel representing nationwide classes of direct or indirect purchasers in price-fixing and other antitrust litigation involving such products as buspirone (sold by Bristol-Myers Squibb Co. under the brand name Buspar®)(which case settled for nearly $300 million); nabumetone (sold by Glaxo Smith Kline under the brand name Relafen®) (which case settled for $175 million); cisplatin (sold by Bristol-Meyers Squibb Co. under the brand name Platinol®)(which case settled for $75 million); microcrystalline cellulose (sold by FMC Corporation under the brand name Avicel®) (which case settled for $50 million); organic peroxides (sold by AKZO Nobel, Elf Atochem and others) (which case settled for over $30 million); and monochloracetic acetate (which case settled for nearly $20 million).
  • Represents classes of indirect purchasers of the pharmaceutical product desmopressin (sold under the brand name DDAVP®), ethinyl estradiol (sold under the brand name OVCON®), fenofibrate (sold under the brand name TRICOR®), metoprolol (sold under the brand name TOPROL®) and clopidogrel (sold under the brand name PLAVIX®).
  • Successfully represented one of Florida’s largest real estate developers in trademark litigation against a competing developer involving trademark rights to the name “TRADITION.”
  • Advised the Attorney Generals of numerous states on various issues relating to their investigations of antitrust violations in the pharmaceutical industry. In addition, Jay has met with members of the United States House and Senate on various issues affecting the generic pharmaceutical industry. Some of the anti-competitive activities in the pharmaceutical industry that Jay has exposed in litigation have been detailed recently in an extensive study by the Federal Trade Commission, and have been cited in the Congressional Record as support for the revisions to the Hatch-Waxman Amendments to the Federal Food, Drug and Cosmetic Act enacted by the House and Senate and signed into law by President Bush. Jay has given testimony to the Federal Trade Commission in connection with an investigation into antitrust issues surrounding patent litigation settlements between brand and generic drug companies. He has also lectured on various issues arising in pharmaceutical antitrust litigation in a symposium sponsored by the University of Miami Law Review.

Judicial Clerkships

  • During law school, Jay interned for Florida Circuit Court Judge David M. Gersten, who later became Chief Judge of Florida’s Third District Court of Appeal, as well as for United States District Judge C. Clyde Atkins, of the United States District Court for the Southern District of Florida.
  • After graduating from law school, Jay completed a federal clerkship with United States District Judge Sidney M. Aronovitz, of the United States District Court for the Southern District of Florida.

Judicial Clerkships

  • Law Clerk, Honorable Sidney M. Aronovitz, U.S. District Court, Southern District of Florida
  • Judicial Intern, Honorable C. Clyde Atkins, U.S. District Court, Southern District of Florida
  • Judicial Intern, Honorable David M. Gersten, Florida Circuit Court (later Chief Judge of Florida’s Third District Court of Appeal)

Professional & Community Involvement

  • Voices For Children Foundation, Chairman of Board of Directors (2016), and Director (since 2006)
  • Adopt-a-Classroom, Member of Board of Trustees
  • University of Miami School of Law, established the Stearns Weaver Miller/Jay B. Shapiro Scholarship
  • University of Miami School of Law, Member of Dean’s Circle
  • University of Miami Citizens Board

Recognition

  • Benchmark Litigation, selected as a Florida Litigation Star, 2010-2018
  • Chambers USA: America's Leading Lawyers for Business: Ranked in Commercial Litigation, 2012-2018
  • Florida Super Lawyers, 2006-2019
  • The Best Lawyers in America®, 2015-2018
  • South Florida Legal Guide, Top Lawyers in South Florida - Corporate & Business Litigation; Intellectual Property, 2006-2017
  • American Lawyer Media and Martindale-Hubbell- "Top Rated Lawyer in Intellectual Property Law," 2012-2014
  • Florida Super Lawyers, Corporate Counsel Edition, 2010
  • Florida Trend's Florida Legal Elite, 2004-2009
  • AV Preeminent® Rated by Martindale-Hubbell

Newsroom

In the Media: $151 Million Settlement Approved in Foam Class Action
Daily Business Review|March 2016

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