Robert A. Braun focuses on cutting-edge, industry-changing antitrust and class action litigation on behalf of individuals and businesses harmed by price-fixing and other illegal corporate behavior. He is a partner in the antitrust practice group and serves as the firm’s ethics partner.
Robby helped obtain more than $50 million in settlements in In re Resistors Antitrust Litigation (N.D. Cal.), and has played significant roles in suits involving anticompetitive behavior in the real estate services industry, LIBOR manipulation ($187 million in settlements), price-fixing by manufacturers of metal pipes and fittings ($47 million in settlements across two cases), and “pay-for-delay” and other practices by pharmaceutical companies to limit access to less expensive generic drugs.
Robby is also experienced in international claims litigation. He has represented victims of state-sponsored terrorism in suits amounting to over $1 billion in judgments.
In addition, Robby maintains an active pro bono practice. He has worked on amicus briefs in several notable appeals, provided ethics and litigation counseling to non-profits, and was a member of the legal teams in Citizens for Responsibility & Ethics in Washington v. Trump (S.D.N.Y.) and District of Columbia v. Trump (D. Md.), which sought to enjoin former President Trump’s unconstitutional receipt of emoluments on behalf of restaurant and hotel plaintiffs and the Attorneys General of Maryland and the District of Columbia.
- Citizens for Responsibility & Ethics in Washington v. Trump (S.D.N.Y.)
- District of Columbia v. Trump (D. Md.)
- District of Columbia
- Louisiana
- New York
- Yale Law School, J.D., 2011
- Princeton University, B.A., summa cum laude, Phi Beta Kappa, 2007
- Law Clerk, the Hon. Carolyn Dineen King, U.S. Court of Appeals for the Fifth Circuit, 2013-2014
- Law Clerk, the Hon. Lee H. Rosenthal, U.S. District Court for the Southern District of Texas
- Arthur Liman Fellow, Southeast Louisiana Legal Services
Current Cases
Moehrl v. National Association of Realtors, et al.
Moehrl v. National Association of Realtors, et al. (N.D. Il.): Cohen Milstein is co-lead counsel in this certified class action, in which home sellers allege that National Association of Realtors (NAR) and many of the nation's largest real estate broker franchisors of conspiring to require home sellers to pay home buyer brokers fees – and at an inflated rate. Plaintiffs allege that the conspiracy revolves around NAR’s mandatory requirement that sellers make a buyer broker commission offer when listing their home on a multiple listing service. On March 15, 2024, NAR agreed to a landmark settlement of $418 million. If approved by the court, total settlements will exceed $684.5 million.
RealPage Antitrust Litigation
District of Columbia v. RealPage, Inc. et al. (D.C. Sup. Crt.): Cohen Milstein supports the District of Columbia Attorney General’s office in a parens patriae antitrust lawsuit against RealPage, Inc. and fourteen of the largest landlords in the District for allegedly colluding to artificially inflate rents throughout the District in violation of the D.C. Antitrust Act.
Brown v. JBS USA Food Company, et al.
Brown v. JBS USA Food Company, et al. (D. Colo.): Cohen Milstein serves as Interim Co-Lead Counsel in this wage suppression antitrust class action against eleven of country’s largest beef and pork producers and several of their subsidiaries, including JBS USA Food, Tyson Foods, Cargill, Hormell Foods, American Foods, Perdue Farms, Smithfield Foods, and National Beef Packing. On March 8, 2024, Plaintiffs filed motions for preliminary approval of a total $127.2 million in settlements against Tyson Foods and JBS USA Food. If granted approval by the court, preliminarily approved settlements will total $138.5 million.
Albert v. Global Tel*Link Corp.
On September 30, 2021, the Honorable Lydia Kay Griggsby of the United States District Court for the District of Maryland denied in part and granted in part Defendants’ motion to dismiss this class action alleging price-fixing and kickback scheme to inflate the prices of single call collect calls placed by inmates from correctional facilities located within the United States, among defendants Global Tel* Link Corp. (“GTL”), Securus Technologies, LLC (“Securus”) and 3Cinteractive Corp. (“3Ci”) in violation of the Sherman Antitrust Act and the Racketeer Influenced and Corrupt Organizations Act (“RICO”).
In re Bystolic Antitrust Litigation
In re Bystolic Antitrust Litigation (S.D.N.Y.): Plaintiffs allege that Forest Laboratories Inc., now a part of AbbVie, engaged in an illegal scheme with pharmaceutical generic manufacturers not to make generic versions of Bystolic®, a hypertension prescription medication containing the active pharmaceutical ingredient nebivolol hydrochloride.
In re Rail Freight Fuel Surcharge Antitrust Litigation II
In re Rail Freight Fuel Surcharge Antitrust Litigation II (D.D.C.): Cohen Milstein is co-lead counsel in a stockholder action against XL Fleet and certain current and former officers and directors. The action alleges that XL Fleet and Pivotal entered into a de-SPAC transaction harmful to stockholders.
Past Cases
In re Resistors Antitrust Litigation
In re Resistors Antitrust Litigation (N.D. Cal.): Cohen Milstein served as Interim Co-Lead Counsel for the direct purchasers of resisters, who accused the world’s largest manufacturers of resistors of fixing prices. In November 2019, the court granted final approval of a $50.25 million settlement – a remarkable recovery, reflecting 33% - 57% of estimated single damages according to Plaintiffs’ preliminary analysis. Estimated payments to class members would be an average payment of $46,850.64; a median payment of $768.39.
Iran Beirut Bombing Litigation
Relvas et al v. Islamic Republic of Iran et al (D.D.C.): Cohen Milstein represents victims and family members of victims in the 1983 Beirut Marine Barracks bombing—the deadliest act of terrorism against Americans prior to September 11, 2001. Mr. Braun manages this litigation, which has resulted in judgments amounting to more than $1 billion against the government of Iran.
In re Lidoderm Antitrust Litigation
In re Lidoderm Antitrust Litigation (N.D. Cal.): Cohen Milstein served as Co-Lead Counsel for the End-Payor Class in a suit alleging that Endo and Teikoku, manufacturers of the Lidoderm patch, paid Watson Pharmaceuticals to delay its generic launch. The case settled on the eve of trial and on September 20, 2018, Plaintiffs obtained final approval of a $104.75 million settlement – more than 40% of Plaintiffs’ best-case damages estimate.
In re Loestrin 24 FE Antitrust Litigation
In re Loestrin 24 FE Antitrust Litigation (D.R.I.): We served as Co-Lead Counsel for the End-Payor Plaintiffs in a case alleging that Warner Chilcott PLC entered into agreements to delay the introduction of a generic version of the contraceptive drug Loestrin and thereafter engaged in a “product hop” to further impede generic entry. The case settled on the last business day before trial for $63.5 million – representing one of the largest settlements in a federal generic suppression case in over a decade. On September 1, 2020, the settlements received final approval.
Super Lawyers Washington, DC Rising Star – Antitrust Litigation; Class Action/Mass Torts (2018-2021)
March 26, 2024
Moehrl Attorney: Market Shift After NAR Settlement ‘Will Take Time’
Robby Braun, partner at Cohen Milstein Sellers & Toll, addresses ‘misconceptions’ about the NAR deal’s impact and says Realtors who try to ignore the changes ‘will get left behind’ If the court approves the settlement reached with the National Association of Realtors, listing brokers will still be able to make offers of cooperative compensation to […]
In the News | Inman
March 24, 2024
Home Sellers Hope $58M Compass Deal Helps Spur Others
Compass Inc. announced Friday that it would pay home sellers $57.5 million in the first settlement since the National Association of Realtors reached its own deal this month to pay $418 million and overhaul rules that have effectively restricted how brokers buy and sell homes and how they’re paid. The Compass deal, which also comes […]
In the News | Law360
March 22, 2024
Litigators of the Week: Plaintiffs Reach a $418M Market-Shifting Settlement With Realtor Group
The National Association of Realtors agreed to changes that could trim the commissions paid to agents as part of the deal reached with co-lead counsel at Ketchmark and McCreight, Boulware Law, Williams Dirks Dameron, Hagens Berman, Cohen Milstein, and Susman Godfrey. Journalists refer to it as “above the fold.” The top half of the front […]
In the News | American Lawyer
March 15, 2024
Realtors Reach Settlement That Will Change How Americans Buy and Sell Homes
The National Association of Realtors has reached a nationwide settlement of claims that the industry conspired to keep agent commissions high, it said Friday, a deal set to usher in the biggest changes to how Americans buy and sell homes in decades.
In the News | The Wall Street Journal
March 15, 2024
Home Sellers Reach Landmark $418M Settlement with the National Association of Realtors
Joint settlement provides industry changing framework for NAR, MLS, and other real estate entities. WASHINGTON, DC– A nationwide class of home sellers has reached a landmark $418 million joint settlement with the National Association of Realtors (NAR) that will resolve claims in four antitrust class actions against NAR. Those class actions allege that NAR and […]
Press Releases | Cohen Milstein
March 15, 2024
Powerful Realtor Group Agrees to Slash Commissions to Settle Lawsuits
The National Association of Realtors will pay $418 million in damages and will amend several rules that housing experts say will drive down housing costs. American homeowners could see a significant drop in the cost of selling their homes after a real estate trade group agreed to a landmark deal that will eliminate a bedrock […]
In the News | The New York Times
February 28, 2024
$11M Meat Co. Deals Get Early OK In Colo. Wage Fixing Suit
A Colorado federal judge Tuesday gave initial approval to class settlements with two meat producers and a consulting company, requiring $11.25 million in payments to resolve claims that they participated in a nationwide scheme to fix and depress wages for meat plant workers. In an order, U.S. District Judge Philip A. Brimmer advanced a deal […]
In the News | Law360
November 30, 2023
Moehrl Commission Lawsuit Trial Not Expected Until End of 2024
Attorneys argued over possible trial dates during a telephonic status hearing on Wednesday If you are waiting on another commission lawsuittrial, it looks like you will be waiting a while. Judge Andrea R. Wood of the U.S. District Court in Chicago indicated this past spring that the trial in the Moehrl commission lawsuit would take […]
In the News | HousingWire
July 6, 2023
Foreign Attack Victims Demand Proceeds of Tobacco Sanctions Fine
American victims of terror attacks and other violence abroad are frustrated the Justice Department hasn’t committed to directing the proceeds of a $629 million settlement to a fund designed to compensate them for their suffering. How DOJ’s record-high North Korean sanctions penalty against British American Tobacco Plc gets divvied up is being closely watched by […]
In the News | Bloomberg Law
November 1, 2023
DC’s AG Accuses RealPage, Landlords Of Price Fixing
The attorney general of Washington, D.C., sued RealPage and 14 D.C.-area landlords Wednesday, joining a long list of lawsuits accusing the software company of colluding to illegally use its algorithm to raise rents, violating both federal and local antitrust laws. Attorney General Brian L. Schwalb accused RealPage Inc. and the landlords of violating the Sherman […]
In the News | Law360
June 21, 2023
FTC Urges 2nd Circ. to Revive Bystolic Antitrust Case
The Federal Trade Commission urged the Second Circuit to revive claims from Bystolic buyers alleging that an AbbVie predecessor struck deals with several generic makers to delay competition for its hypertension treatment, saying the deals may violate antitrust law. The commission filed an amicus brief on Tuesday backing an appeal in the case from wholesalers, […]
In the News | Law360
March 29, 2023
Home Sellers Win Class Cert. for NAR Antitrust Suit
An Illinois federal judge certified two classes of home sellers accusing the National Association of Realtors and several real estate brokerage firms of conspiring to charge “inflated” commission rates for buyer-brokers who sold homes, ruling on Wednesday that the suit’s claims meet several class certification requirements. In her ruling, U.S. District Judge Andrea R. Wood […]
In the News | Law360
April 6, 2022
Robert Braun Invited to Speak at the ABA’s 2022 Antitrust Law Spring Meeting
Robert A. Braun, a partner in Cohen Milstein’s Antitrust practice, has been invited to speak at the ABA’s 2022 Antitrust Law Spring Meeting on April 6, 2022, at 1:45 p.m. EST. Mr. Braun’s panel session, “Emerging Antitrust Risks for Trade Associations,” discusses how recurrent enforcement efforts by the DOJ and FTC demonstrate the ongoing antitrust […]
Events
February 9, 2022
Tribe Can Pursue Class Arbitration in Gambling Supply Suit
A Native American tribe that runs a casino resort in upstate New York can pursue class arbitration in its antitrust case against two suppliers of automatic card shufflers, an arbitrator has ruled. Mohawk Gaming Enterprises LLC, doing business as Akwesasne Mohawk Casino Resort, is suing Scientific Games Corp. and Bally Technologies Inc., which sell gambling […]
In the News | Law360
October 1, 2021
“Trimmed Prison Phone Price-Fixing Case Moves Forward,” Law360
Three companies accused of colluding to inflate the cost of calls made from inside U.S. prisons will still face antitrust claims after a Maryland federal judge decided that the racketeering claims of prisoners’ families fell apart. U.S. District Judge Lydia Kay Griggsby dismissed the Racketeer Influenced and Corrupt Organizations Act — better known as RICO […]
In the News
August 6, 2021
Home Sellers Blast Keller Williams’ Subpoena Bid in NAR Row
Home sellers pursuing antitrust claims over allegedly anti-competitive National Association of Realtors commissions rules urged an Illinois federal judge Thursday to stop a real estate brokerage’s attempt to “end-run” an earlier discovery order by subpoenaing its own franchises for documents they’ve requested. In a joint status report, the home sellers told U.S. District Judge Andrea […]
In the News | Law360
January 6, 2021
Home Sellers Blast ‘Fruitless’ Bid to Excise Class Members
HomeServices of America can’t head off discovery with “a premature and fruitless” argument that some of the home sellers suing it and other real estate brokerages over National Association of Realtors commission rules belong in arbitration, the sellers told an Illinois federal judge Tuesday. HomeServices of America Inc., a holding company whose affiliates include BHH […]
In the News | Law360
June 30, 2020
Prison Phone Providers Accused of Price-Fixing Inmate Calls
Two companies that facilitate collect calls made from U.S. jails and prisons and a mobile marketing company were hit with a class action Monday in Maryland federal court for allegedly colluding to inflate the cost of inmate calls for a decade. Securus Technologies LLC, Global Tel*Link Corp. and 3Cinteractive Corp. were accused of working together […]
In the News | Law360
January 1, 2020
Robert A. Braun Named Partner
FOR IMMEDIATE RELEASE: WASHINGTON, DC – Cohen Milstein Sellers & Toll PLLC, one of the nation’s leading plaintiffs’ firms, has named Robert A. Braun as the firm’s newest partner, effective January 1, 2020. Robert A. Braun specializes in cutting-edge and high-profile antitrust and class action litigation on behalf of individuals and small businesses harmed by price-fixing and other illegal […]
Press Releases | Cohen Milstein
March 2, 2018
Iranian Government Ordered to Pay $920 Million to 1983 Beirut Marine Barracks Bombing Victims and Their Families
FOR IMMEDIATE RELEASE “Judgment is among the largest ever issued against a foreign state under the Foreign Sovereign Immunities Act” WASHINGTON, D.C. – Cohen Milstein Sellers & Toll PLLC, a leading national plaintiffs’ law firm, has obtained a judgment of $920 million against the Iranian government on behalf of more than 80 family members of […]
In the News
March 1, 2018
Iran Ordered to Pay $920M for Beirut Marine Base Bombing
A Washington, D.C., federal judge granted 80 victims of the 1983 bombing of a U.S. Marine Corps barracks in Beirut a $920 million judgment against Iran on Wednesday for its role in supporting the attack. Having previously entered a default judgment against Iran in July 2016 after it failed to respond to the lawsuit, which […]
In the News | Law360