J. Douglas Richards
New York, NY 10005
t: 212 838 7797
f: 212 838 7745
J. Douglas Richards is Managing Partner of Cohen Milstein's New York office and a partner in its antitrust practice group. Mr. Richards has extensive expertise in class action practice and commercial litigation relating to diverse trade regulation issues, including antitrust and commodity regulation as well as related issues of patent law. Prior to joining Cohen Milstein in 2009, Mr. Richards served as head of the antitrust practice groups at two other leading class action law firms, and prior to that as Deputy General Counsel of the Commodity Futures Trading Commission, where he received a Special Service Award for exemplary accomplishment. His general preeminence in legal practice has been recognized by the leading peer review organizations, including by being named one of 22 Antitrust "Litigation Stars" nationally and as a New York “Local Litigation Star” by Benchmark Plaintiff, by New York Super Lawyers (2011-2013), by being named as one of the world’s leading competition lawyers by The International Who’s Who of Competition Lawyers and Economists (2014) and by receiving the highest available peer ranking for many years from Martindale-Hubbell. He has written extensively about class actions, having twice authored chapters for books edited by the American Antitrust Institute covering issues of class action practice, as well as various law reviews and other publications. Leading antitrust organizations frequently recognize his expertise by inviting him to speak on wide-ranging issues of substantive antitrust law, civil procedure and class actions.
- A.B. University of Chicago, 1977 (economics major)
J.D. Harvard Law School, 1981
Co-Lead Counsel Positions In Antitrust Class Actions
- In re Nexium (Esomeprazole) Antitrust Litig., MDL 2409 (D. Mass)
- In re Lipitor Antitrust Litig., MDL 2332 (D.N.J.)
- In re Buspirone Antitrust Litig., MDL 1413 (S.D.N.Y.)
- In re Ciprofloxacin Hydrochloride Antitrust Litig., MDL 1383 (E.D.N.Y.)
- Cox v. Microsoft Corp. (Sup. Ct. N.Y. County)
- In re G-Fees Antitrust Litig., No. 05114 (RWR) (D.D.C.)
- In re IPO Antitrust Litig., 01 Civ. 2014 (WHP) (S.D.N.Y.) I
- In re K-Dur Antitrust Litig., MDL 1419( D.N.J.)
- Kruman v. Christie's Int'l PLC (international case in In re Auction Houses Antitrust Litig.), 00 Civ. 0648 (LAK) (S.D.N.Y.)
- In re New Motor Vehicles Antitrust Litig. MDL 1532 (D. Me.)(co-chair, executive committee)
- In re Parcel Tanker Shipping Servs. Antitrust Litig., MDL 1568 (D. Ct.) \\In re Fresh Del Monte Pineapples Antitrust Litig., MDL 04-md-1628 (RMB) (S.D.N.Y.)
- In re Plastics Additives Antitrust Litig., MDL 1684 (E.D. Pa.)
- In re Relafen Antitrust Litig., 01-12239-WG4 (D. Mass.) \\
- Sperry v. Crompton Corp. (Sup. Ct. Nassau County)
- In re Tamoxifen Citrate Antitrust Litig., MDL 1408 (E.D.N.Y.)
- Twombly v. Bell Atlantic Corp., 02 Civ. 10220 (GEL) (S.D.N.Y.)
- In re Reformulated Gasoline Antitrust Litig., MDL 1671 (M.D. Ca.)
- In re Wellbutrin Antitrust Litig., MDL 04-5525 (E.D. Pa.)
Leading Appeals Argued in Antitrust Class Actions
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).
- Twombly v. Bell Atlantic Corp., 425 F.3d 99 (2d Cir. 2007).
- Uniondale Beer Co. v. Anheuser Busch, Inc., Nos. 95-7321, 7371 (2d Cir. 1995).
- Kruman v. Christie’s Int’l PLC, 284 F.3d 384 (2d Cir. 2002).
- In re Ciprofloxacin Hydrochloride Antitrust Litig., 544 F.3d 1323 (Fed. Cir. 2008), cert. denied, 77 U.S.L.W. 3690 (June 22, 2009).
- In re Tamoxifen Citrate Antitrust Litig., 429 F.3d 370 (2d Cir. 2005), cert. denied, 127 S.Ct. 3001 (2007).
- JLM Industries, Inc. v. Stolt-Nielsen SA, 387 F.3d 163 (2d Cir. 2004).
- American Banana, Inc. v. Del Monte Fresh Produce Co., 09-4561-cv (2d Cir. 2010).
- Sperry v. Crompton Corp., 8 N.Y. 3d 204 (2007).
- Cox v. Microsoft Corp., 8 A.D. 3d 39, 778 N.Y.S. 2d 147 (1st Dep’t 2004).
- Cox v. Microsoft Corp., 290 A.D. 2d 206, 737 N.Y.S. 2d 1 (1st Dep’t 2002).
- Sperry v. Crompton Corp., A.D. 3d 488, 810 N.Y.S. 2d 498 (2d Dep’t 2006).
- Book Review of Richard A. Posner, Reflections on Judging (2013), Trial Magazine (forthcoming in 2014).
- Private Antitrust Enforcement: Will The Levee Soon Be Dry? (co-authored with Cohen Milstein partner Christopher J. Cormier) (forthcoming in 2014).
- Pro-Business and Anti-Efficiency: How Conservative Procedural “Innovations” Have Made Litigation Slower, More Expensive, and Less Efficient, CPI Antitrust Chronicle, May 2013 (1) (co-authored with Michael B. Eisenkraft).
- Does Manipulation of LIBOR Fall Within the Sherman Act’s Definition of “Trade”? A Question of First Principles, CPI Antitrust Chronicle, Nov. 2012 (2) (co-authored with Michael B. Eisenkraft).
- Is Market Definition Necessary In Sherman Act Cases When Anticompetitive Effects Can Be Shown with Direct Evidence? ABA Antitrust Magazine, Summer 2012, Vol. 26. No. 3.
- Class Action Issues, Ch. 5 of Private Antitrust Enforcement of Antitrust Law in the United States: A Handbook (Edward Algar, Cheltenham, UK)(co-authored with Michael B. Eisenkraft and Abigail Shafroth).
- Heart of Darkness -- A Satirical Commentary, 66 N.Y.U. Annual Survey of Am. Law 569 (2011).
- Aggregation of Claims, Ch. 8 of The International Handbook on Private Enforcement of Competition Law (AAI, 2010).
- Predominance of Common Questions -- Common Mistakes in Applying the Class Action Standard, 41 Rutgers L.J. 163 (2009) (co-authored with Benjamin J. Brown).
- Co-author, with John Vail of the Center for Constitutional Litigation, A Misguided Mission to Revamp the Rules, TRIAL MAGAZINE, Nov. 2009.
- Class Action Standards in Crisis: Whether Common Merits Questions Predominate Does Not Depend on the Questions’ Answers, Global Competition Policy (May 2009).
- Three Limitations of Twombly: Antitrust Conspiracy Inferences in a Context of Historical Monopoly, 82 St. John’s L. Rev. 849 (2008).
- What Makes An Antitrust Class Action Remedy Successful?: A Tale of Two Settlements, 80 Tulane L. Rev. 621 (2005).
Recent Speaking Engagements
- January 2014 – Moderator at Next Generation of Antitrust Scholars Conference at NYU School of Law.
- October 2013 – October 2013 –Panel member at Golden State Institute in San Francisco regarding “Pay for Delay” agreements after the Supreme Court’s Actavis decision.
- September 2013 – Panel member at National Association of Attorneys General (NAAG) presentation entitled “Drug Shortages and Other Pharmaceutical Issues.”
- May 2013 – Panel member at Federal Bar Council/Antitrust Section presentation in Islip, New York titled “To Fee or Not to Fee: Caveats on Attorneys’ Fees in Federal Courts”
- April 2013 - Panelist with Prof. Arthur Miller and Judge Shira Scheindlin at Institute for Law and Economic Policy presentation in Naples, FL titled "The Roberts Court and Business Litigation."
- June 2012 - Speaker at Federal Bar Council presentation titled "Antitrust Conspiracies, Class Actions and Refusals to Deal: Parallels, Signals, Plus Factors and Agreements."
- April 2012 - Speaker at 12th Annual Loyola Law School Antitrust Colloquium in Chicago, IL regarding "Exclusion as a Core Principle of Antitrust."
- February 2012 - Testified before United States House Judiciary Committee Subcommittee on Intellectual Property, Competition and the Internet, at a hearing titled "Litigation as a Predatory Practice" concerning Noerr-Pennington antitrust immunity.
- January 2012 - Moderator at Next Generation of Antitrust Scholarship Conference, NYU School of law.
- December 2011 - Speaker at American Antitrust Institute, 5th Annual Future of Private Antitrust Enforcement Conference.
- October 2011 - Plaintiffs’ bar commentator at Antitrust Forum organized by NYSBA titled “Upward Price Pressure, Market Definition, and Supply Mobility.”
- January 2011 - Speaker at NYS Bar Association Antitrust Law Section annual meeting on panel titled “Fifty Miles from Home with a Briefcase: Expert Hot Topics.”
- December 2010 - Speaker at Private Enforcement Conference of American Antitrust Institute in Washington, D.C., regarding motions to dismiss in antitrust cases.
- July 2010 - Speaker at Pound Civil Justice Institute 2010 Forum for State Appellate Court Judges in Vancouver, B.C. regarding Twombly in state courts.
- April 2010 - Participant in mock argument before the Hon. Sidney H. Stein opposite Paul Saunders of Cravath Swaine & Moore, entitled “Twombly v. Conley—The fight of the Century.”
- March 2010 - Presentation to Rutgers–Camden Law School Faculty and Students regarding Twombly.
- February 2010 - Speaker on Private Enforcement panel at a symposium at NYU School of law titled “Critical Directions in Antitrust.”
- January 2010 - Speaker at NYS Bar annual meeting in program titled “Section 2: Is It Really Coming Back?”
- December 2009 - Speaker at Private Enforcement Conference of the American Antitrust Institute at National Press Club in Washington, D.C. regarding Rule 23 issues.
- November 2009 - Panelist at Federal Bar Council presentation titled “Issues That Arise in Antitrust Cases That You Don’t Learn About in Law School.”
- October 2009 - Panelist at Federal Bar Council program titled “Motions to Dismiss in Federal Court After the Supreme Court’s Decisions in Twombly and Iqbal.”
- October 2009 - Panelist, along with former Assistant Attorney General Thomas O. Barnett and FTC Commissioner J. Thomas Rosch, with regard to “Monopolization in the New Administration,” at Newport Summit on Antitrust Law and Economics.
- September 2009 - Speaker for AAJ Teleseminar entitled “Iqbal/Twombly: The Death of Notice Pleading?”
• September 2009 - Panelist at University of San Francisco symposium titled “A Prescription for Antitrust Enforcement in the Pharmaceutical Industry.”
- January 2009 - Represented plaintiff’s bar at meeting of the Standing Committee on Federal Rules of Civil Procedure in San Antonio, TX for presentation concerning possible rule revisions to address discovery burdens in federal litigation.
- September 2008 - Panelist at the annual NAAG meeting in Salt Lake City, Utah, for presentation titled “Recent Developments in Intellectual Property.”
- April 2008 - Speaker at NYU School of law commenting on Report and Recommendations of the Antitrust Modernization Commission, dated April 2, 2007.
- November 2007 - Panelist at ABA Fall Forum in Washington, D.C. for presentation titled “Litigating an Antitrust Case After Twombly.”
- October 2007 - Panelist at 2007 Fall Bench and Bar Retreat of the Federal Bar Council, in Lenox, MA titled “Rule 23 in the Second Circuit: Post-CAFA and Post-IPO.”
Legal and Policy Advisory Positions
- American Antitrust Institute
Member, Board of Advisors
- Institute for Consumer Antitrust Studies
Member, Board of Advisors
- Antitrust Section, New York State Bar Association
Member, Executive Committee