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Chuck Klein is a litigation partner in Winston & Strawn’s Washington, D.C. office. His practice focuses on complex commercial litigation, appellate litigation, arbitrations and corporate internal investigations involving a wide array of subject matters—including intellectual property (patent infringement and licensing), antitrust, consumer and securities class actions, regulatory investigations, among others.
Mr. Klein has broad experience with regard to the pharmaceutical and biotechnology industries. This includes litigating billion-dollar antitrust issues, as well as representing generic drug manufacturers in high-stakes cases brought under the Hatch-Waxman Act and in related regulatory proceedings before the FDA. For example, he obtained the first injunction under the Hatch-Waxman counterclaim provision—a highly controversial and significant ruling for the generic industry that the Supreme Court recently upheld in a 9-0 decision. See Novo Nordisk v. Caraco Pharm. Labs., 131 S. Ct. 3057 (2011).
Mr. Klein’s trial and courtroom experience is extensive. He recently obtained a defense jury verdict in a $1.7 billion pharmaceutical antitrust case identified by The Daily Journal as one of the “Top Verdicts of 2011.” The American Lawyer described this jury verdict as “a huge win” for a Fortune 100 company in a “history-making” case. He also successfully tried a Hatch-Waxman case that invalidated a diabetes drug patent on obviousness and inequitable conduct grounds. And he tried the FTC’s closely watched post-consummation antitrust challenge to Evanston Northwestern Healthcare’s merger with Highland Park Hospital.
Mr. Klein is an accomplished appellate lawyer with a long history of achieving successful appellate outcomes, including multiple reversals. He has argued many appeals before various federal and state appellate courts—including the D.C. Circuit, Federal Circuit, Third Circuit, Seventh Circuit, among others. He also has prepared a number of briefs filed in the United States Supreme Court—including the successful merits briefs in the Caraco case discussed above and the seminal case construing the bribery/gratuity statute, United States v. Sun-Diamond Growers, 526 U.S. 398 (1999).
Finally, Mr. Klein has participated in several internal investigations, including the high-profile internal investigation and related litigation on behalf of the New York Stock Exchange relating to the compensation of former NYSE Chairman and CEO Richard A. Grasso. In connection with that matter, he deposed some of the most sophisticated witnesses in American politics and business, including Leon Panetta and the CEOs of major Wall Street firms.
Activities
Mr. Klein is a member of the firm’s Associate Evaluation Committee, Workplace Harassment Committee, Information Services Steering Committee, and Foundation Committee. He is a former member of the firm’s Hiring Committee.
Education
Mr. Klein received a B.A. in Philosophy from the University of Virginia in 1992 and a J.D. from the University of California, Hastings College of the Law in 1995, where he was an associate articles editor for the Hastings Law Journal.
Speeches and Publications
Mr. Klein presented on the Hatch-Waxman Act at the 2011 Eastern District of Texas Bench Bar Conference conducted jointly with the Federal Circuit Bar Association. He is the co-author of “U.S. Supreme Court Upholds Federal Sentencing Guidelines But Rules They Are No Longer Mandatory” published in the LexisNexis Counsel to Counsel Litigation Law Alert on Jan. 24, 2005. He is the co-author of “Combating Cybertorts: An Examination of the Virginia Computer Crimes Act” published in the Cybercrime Law Report in Nov. 2002, the VBA News Journal in Jan. 2003, and the Metropolitan Corporate Counsel in March 2003. He also is the author of "What Exactly is an Unlawful Gratuity After United States v. Sun-Diamond Growers of California,” published in the George Washington Law Review in 1999.
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