Zachary D. Caplan
Zach Caplan concentrates his practice on complex litigation, including antitrust, commodities, and e-discovery.
Zach serves as a member of leadership teams that have recovered hundreds of millions of dollars for the Firm’s clients. For example, he plays a significant role in litigating antitrust cases brought on behalf of physicians and other purchasers targeting the high 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 is also involved in a number of commodities cases alleging years-long manipulation of global financial benchmarks by some of the world’s largest banks.
Zach is particularly adept and experienced in managing e-discovery, the process of discovering and producing electronically stored information (ESI). Zach counsels Berger’s litigation teams in negotiations relating to the search, production, and preservation of ESI, ESI search terms/technology assisted review (predictive coding) methodology, and ESI-related disputes.
Zach is a frequent public speaker on antitrust and e-discovery related topics. He also regularly contributes to publications from the American Bar Association, The Sedona Conference, and Law360.
- 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.
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.
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)