Aaron J. Marks is a member of Cohen Milstein’s Antitrust practice. He represents a broad range of individuals, businesses, and public entities in civil litigation, with a focus on multi-district class actions and antitrust litigation.
Prior to joining the firm, Aaron was a law clerk for the Honorable Carol Bagley Amon of the United States District Court for the Eastern District of New York. Before his clerkship, he was a litigation associate with a distinguished international law firm.
During law school, Aaron was online editor of the Harvard National Security Journal.
Aaron serves as editor of the D.C. chapter in “The Law of Class Action: Fifty-State Survey,” the treatise published annually by the American Bar Association. He also serves on the Antitrust & Trade Regulation Committee of the New York City Bar Association and is a member of the American Bar Association’s Antitrust Section. In addition, Aaron has testified before the Advisory Committee on the Federal Rules of Civil Procedure.
Prior to pursuing a career in law, Aaron was a software engineer.
- New York City Bar Association, Antitrust and Trade Regulation Committee
- American Bar Association, Antitrust Section
- Aaron represents disability-rights organizations in connection with a certified class-action against Lyft, Inc. brought under the Americans with Disabilities Act.
- New York
- Harvard Law School, J.D., magna cum laude, 2018
- New York University, B.A., 2013
- Law Clerk, the Hon. Carol Bagley Amon, U.S. District Court for the Eastern District of New York (2020 – 2021)
Current Cases
In re Actos End Payor Antitrust Litigation
In re Actos Antitrust Litigation (S.D.N.Y.): Cohen Milstein represents End-Payor Plaintiffs in this antitrust action, alleging that Defendant Takeda engaged in anticompetitive conduct related to the listing of certain patents in the FDA’s Orange Book thereby resulting in unlawful delays to the market entry of generic versions of Takeda’s diabetes drug, Actos.
In re Tracleer Antitrust Litigation
Baltimore v. Actelion Pharmaceuticals LTD (D. Md.): Cohen Milstein represents End-Payors in this putative class action against Actelion Pharmaceuticals LTD, manufacturer of the brand prescription drug bosentan, marketed as Tracleer. Plaintiffs allege that Defendant Actelion engaged in an anticompetitive scheme to withhold samples of its life-saving pulmonary arterial hypertension medication from would-be rivals, under the guise of the REMs program, which conduct ultimately delayed generic competition.
Ohio Highway Patrol Retirement System v. Express Scripts, Inc.
Ohio Highway Patrol Retirement System v. Express Scripts, Inc. (Franklin C.P., Ohio): Cohen Milstein serves as Special Counsel to the Ohio Attorney General In this breach of contract litigation alleging that Express Scripts, Inc. overcharged HPRS on the pharmaceutical claims that Express Scripts processed as HPRS' PBM.
PBM Investigations & Litigation
PBM State Investigations: Cohen Milstein serves as Special Counsel to state Attorneys General throughout the United States in their investigation into the billing practices and fee structures of managed care organizations (MCOs) and PBMs in their delivery of services to state-funded health plans. To date, Cohen Milstein’s work with Attorneys General has resulted in more than $950 million in recoveries on behalf of state Medicaid programs.
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.
May 1, 2024
Your First Deposition: From Notice to Testimony
About to take your first, or first few depositions? This panel will explore the must-dos to prepare and the pitfalls to avoid when planning for and taking a deposition early in your career. Young lawyers will benefit from practical skills application with concrete examples of rules, techniques, and strategies for depositions with an eye towards […]
Events | American Bar Association
March 6, 2024
Talking Careers: NYU Law Plaintiffs’ Law Association Panel
Aaron Marks, an associate in our Antitrust practice, will join a panel of practitioners from some of the country’s top plaintiff-side civil litigation firms, including Sanford Heisler, Cohen Milstein, Milberg, and Bernstein Litowitz. The NYU Law School Plaintiffs’ Law Association panel is open to all students interested in learning more about these career paths. Wednesday, March […]
Events | NYU Law School
October 20, 2023
Lessons for Biosimilar and Biologic Antitrust Litigation
The future of pharmaceutical antitrust litigation will likely focus in large part on biologics and biosimilars. Cases involving the delayed market entry of generic pharmaceuticals have traditionally focused on small-molecule generic drugs. In recent years, though, the U.S. drug market has come to be dominated by biologics. Biologics — and their generic counterparts, called biosimilars […]
Articles | Law360
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