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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 American Antitrust Institute (AAI) and the Committee to Support the Antitrust Laws (COSAL). He regularly speaks and writes on antitrust and e-discovery issues.
Professional Leadership
- Member of Executive Committee, Committee to Support the Antitrust Laws (COSAL)
- Member of the American Antitrust Institute’s Jerry S. Cohen Award for Antitrust Scholarship
Selected Speaking Engagements
- Moderator, A Conversation with the DOJ’s Doha Mekki and the FTC’s Henry Liu, Committee to Support the Antitrust Laws Leadership & Diversity Summit (September 17, 2024)
- Panelist, The New World of Depositions: Love It, Hate It, Is It Here to Stay?, National Association of Attorneys General, Antitrust Litigation Seminar (October 26, 2021)
Prominent Judgments and Settlements
- In re Gold Futures & Options Trading Litigation, No. 14-2548 (S.D.N.Y.) ($152 million in settlements in a case alleging manipulation of a global financial benchmark)
- In re Generic Pharmaceuticals Pricing Antitrust Litigation, No. 16-2724 (E.D. Pa.) ($330 million in settlements to date in a price-fixing cartel case)
- Adriana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc., No. 11-cv-7178 (D.N.J.) ($61.5 million settlement in a Section 2 monopolization case involving children’s vaccines)
- In re Celebrex Antitrust Litigation, No. 14-cv-361 (E.D. Va.) ($94 million settlement in patent fraud case)
- 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 case alleging manipulation of global financial benchmark)
- In re High Tech Employee Antitrust Litigation, No. 11-cv-2509 (N.D. Cal.) (settlements totaling $435 million in no-poach case)
- In re Loestrin 24 Fe Antitrust Litigation, No. 13-md-2472 (D.R.I.) ($120 million settlement in reverse payment, product hop, and patent fraud case)
- In re High Tech Employee Antitrust Litigation, No. 11-cv-2509 (N.D. Cal.) (settlements totaling $435 million in no-poach case)
- In re Loestrin 24 Fe Antitrust Litigation, No. 13-md-2472 (D.R.I.) ($120 million settlement in reverse payment, product hop, and patent fraud case)
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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Honors & Awards
- Distinguished by The Legal Intelligencer as a “Lawyer on the Fast Track”
- Distinguished as a Super Lawyer “Rising Star”
- Distinguished as a Best Lawyers “One to Watch”
Publications and Writings
- The Sedona Conference Commentary on the Need for Guidance and Uniformity in Filing ESI and Records Under Seal 23 SEDONA CONF. J. 379 (2022)
- Legal Analysis of Post-Formation Conduct ABA Joint Venture Handbook (2020)
- 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 Bar
- Admitted – U.S. District Court for the Eastern District of Pennsylvania; U.S. Courts of Appeals for the Second, Third, and Seventh Circuits