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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, white-collar criminal litigation, and corporate internal investigations involving a wide array of subject matters—including patent infringement, class actions, antitrust, public corruption crimes, securities fraud, fiduciary duty, regulatory investigations, among others.
Over the past few years, Mr. Klein has concentrated his practice on the pharmaceutical industry. This includes litigating billion-dollar antitrust issues, as well as representing generic drug manufacturers in cases brought under the Hatch-Waxman Act and in related regulatory proceedings before the FDA. His representations span a variety of drug products, including Norvir®, Kaletra®, Crestor®, Namenda®, Plavix®, Prandin®, Lovenox®, among others.
Mr. Klein’s trial and courtroom experience is extensive. For example, he was a member of the trial team in the closely watched post-consummation antitrust challenge by the Federal Trade Commission to Evanston Northwestern Healthcare’s merger with Highland Park Hospital. He also has successfully argued and briefed countless motions in federal and state trial courts across the country.
Mr. Klein also 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, Seventh Circuit, Third Circuit, among others. See, e.g., Edwards v. Snyder, 478 F.3d 827 (7th Cir. 2007); Charter Fed. Sav. Bank v. United States, 87 Fed. Appx. 175, 2004 WL 94093 (Fed. Cir. Jan. 20, 2004); United States v. Smith, 267 F.3d 1154 (D.C. Cir. 2001); and Lopez v. United States, 201 F.3d 478 (D.C. Cir. 2000). He also has prepared multiple appellate briefs filed in the United States Supreme Court, including the successful merits briefs in 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, Larry Sonsini, and the CEOs of major Wall Street firms.
Activities
Mr. Klein is a member of the firm’s Hiring Committee, Associate Evaluation Committee, and Workplace Harassment 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 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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