Zachary D. Caplan

Biography

Zach Caplan concentrates his practice on complex litigation, including antitrust class actions on behalf of consumers, workers, businesses, and public entities.

Zach serves as a member of leadership teams that have recovered hundreds of millions of dollars for the Firm’s clients. For example, he has played a significant role in litigating antitrust cases brought on behalf of physicians and other purchasers targeting the soaring prices of prescription drugs. In this space, he has litigated reverse payment, patent fraud, monopolization, and price-fixing matters in federal courts around the country. Zach has also been involved in several cases alleging years-long manipulation of global financial benchmarks by some of the world’s largest banks.

Prior to rejoining the firm in 2023, Zach was an attorney with the Antitrust Division of the U.S. Department of Justice. While at the Justice Department, Zach led teams investigating anticompetitive conduct in the healthcare space and assisted with fast-paced monopolization litigation. He also served on the Division-wide Discovery and Technology Working Group where he contributed to guidelines for all Division attorneys on various e-discovery topics.

Zach is an active participant in the Antitrust Section of the American Bar Association, the American Antitrust Institute, and the Committee to Support Antitrust Laws. He regularly speaks and writes on antitrust and e-discovery issues.

Professional Leadership

Member of the American Antitrust Institute’s Jerry S. Cohen Memorial Writing Award Committee
Member of The Sedona Conference Working Group 1 on Electronic Document Retention and Production

Prominent Judgments and Settlements

Adriana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-cv-7178 (D.N.J.) ($61.5 million settlement)
In re Celebrex Antitrust Litigation, No. 14-cv-361 (E.D. Va.) ($94 million settlement)
Marchbanks Truck Service, Inc. v. Comdata Network, Inc., No. 07-cv-1078 (E.D. Pa.) ($130 million settlement plus significant prospective relief)
In re Libor-Based Financial Instruments Antitrust Litigation, No. 11-md-2262 (S.D.N.Y.).(settlements totaling nearly $200 million for exchange-based plaintiffs)
In re High Tech Employee Antitrust Litigation, No. 11-cv-2509 (N.D. Cal.) (settlements totaling $435 million)
In re Loestrin 24 Fe Antitrust Litigation, No. 13-md-2472 (D.R.I.) ($120 million settlement)

Judicial Praise

From Judge Madeline Cox Arleo, of the U.S. District Court for the District of New Jersey:

I just want to thank you for an outstanding presentation. I don’t say that lightly . . . it’s not lost on me at all when lawyers come very, very prepared. And really, your clients should be very proud to have such fine lawyering. I don’t see lawyering like this every day in the federal courts, and I am very grateful. And I appreciate the time and the effort you put in, not only to the merits, but the respect you’ve shown for each other, the respect you’ve shown for the Court, the staff, and the time constraints. And as I tell my law clerks all the time, good lawyers don’t fight, good lawyers advocate. And I really appreciate that more than I can express.

Transcript of the September 9 to 11, 2015 Daubert Hearing in Ariana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-cv-07178 (D.N.J.) at 658:14-659:4.

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Education

Law School
University of Pennsylvania Law School, J.D.

Undergraduate
New York University, B.S.

Honors & Awards

Distinguished by The Legal Intelligencer as a “Lawyer on the Fast Track.”
Distinguished as a Super Lawyer “Rising Star,” 2016-2020.
Distinguished as a Best Lawyers “One to Watch,” 2021.

Publications and Writings

Early Sampling Of Electronic Info Is Underutilized In Discovery Law360 (Sep 16, 2019)
American Needle In A Haystack: The Cloned Horses Case Law360 (Jan. 21, 2015)
How An Antitrust Case Changed The Gay Marriage Debate Law360 (May 21, 2014)
For cigarette makers, limits to free speech Philly.com, (Sept. 7, 2011)

Admissions

Member – Pennsylvania and Illinois Bars
Admitted – Eastern District of Pennsylvania; Third and Seventh Circuits