Gregory A. FrankPartner
Gregory A. Frank focuses on the resolution of complex antitrust, securities, breach of contract, corporate management, and consumer fraud disputes. Mr. Frank has counseled, among others, government entities, trade associations, group buying organizations, and pharmacies.
Most recently, Mr. Frank testified before the New York City Counsel on antitrust issues affecting restaurants. A speaker and author, Mr. Frank is frequently relied on by the media as a legal expert. He has been published in numerous publications, including the American Bar Association, the New York Post, Law360, the American Society of Association Executives, and the New York Law Journal.
A sampling of Mr. Frank’s actions include:Antitrust Actions
- In re Domestic Airline Travel Antitrust Litigation, Misc. No. 15-1404 (CKK) (D.D.C.), representing domestic airline passengers in the United States since July 1, 2011. So far, Plaintiffs have obtained $60 million in settlements and continue to litigate against the remaining defendants.
- In Re Glumetza Antitrust Litigation, 3:19-cv-05822 (N.D. Cal.), representing direct purchasers of the drug glumetza, a diabetes drug alleging violations of the antitrust laws.
- Michelo v. National Collegiate Student Loan Trust,et al., No. 18-cv-1781 (PGG), lead counsel representing tens of thousands of consumers nationwide against billion dollar student loan trusts, alleging a fraudulent debt collection scheme.
- Mason v. Midland Funding, LLC, No. 16-cv-02867 (N.D. Ga.), lead counsel representing consumers nationwide against the largest consumer debt buyer in the United States for a fraudulent debt collection scheme.
- Toohey v. Portfolio Recovery Associates (PRA), No. 1:15-cv-08098, lead counsel representing consumers nationwide against the second largest consumer debt buyer in the United States. Allegations include that consumers were victimized by a fraudulent debt collection scheme.
Mr. Frank has obtained impressive results on behalf of his clients. A sampling of Mr. Frank’s recent results, include:
- In re Plasma-Derivative Protein Therapies Antitrust Litigation, No. 09-7666 (N.D, Ill.): Mr. Frank represented several large non-profit hospitals in New York City for damages they suffered as a result of an alleged antitrust conspiracy to limit the supply of life saving plasma-derivative protein therapies, obtaining a settlement of $120 million on behalf of the class.
- As co-Lead Council in Hartig Drug Company, Inc. v. Senju Pharmaceutical Co. Ltd. et al., No. 1:14-cv-00719 (D. Del), concerning allegations of unlawful monopolization of the market for gatifloxacin. Represented pharmaceutical purchasers, such as pharmacies and group purchasing coops, Mr. Frank obtained a $9 million dollar settlement on their behalf.
- In re Optical Disk Drive Antitrust Litigation, No. 3:10-MD-2143 (N.D. Cal.): Mr. Frank represented a class representative in an action alleging the unlawful price fixing of optical drives for CDs, DVDs, and Blu-ray disks by their manufacturers, which include Sony, Panasonic, and Hitachi, ultimately obtaining $205 million in recovery for the class.
- Kleen Products LLC v. Packaging Corp. of America, et al., No. 1:10-cv-5711 (N.D. Ill.): Mr. Frank represented purchasers of containerboard products, such as corrugated boxes, against the manufacturers of those products. The class ultimately recovered $494 million.
Mr. Frank also represents investors in securities actions. His experience includes representation of the American Class Representative in a securities fraud class action against Vivendi Universal in In re Vivendi Universal, S.A. Sec. Litig., No. 02-cv-5571 (S.D.N.Y.), where the plaintiffs obtained a jury verdict for an estimated value of up to $9 billion, placing it amongst the highest security action trial verdicts at the time. In July 2013, Mr. Frank obtained a settlement of $1.7 million on behalf of the securities purchasers of ZST Digital Networks, Inc., in Scott v. ZST Digital Networks Inc., et al., No. 11-cv-3531(GAF) (C.D. Cal.).Legal Counsel to Associations
Having written on antitrust best practices for the American Society for Associational Excellence (ASAE), Mr. Frank counsels trade associations on issues affecting their members. Mr. Frank was President of Dartmouth College Club of New York’s 8,000+ member regional alumni association for six years, an association with several employees and hundreds of thousands of dollars of revenue. Mr. Frank personally understands the challenges facing associations leaders. Mr. Frank was also Chairman of the Young Lawyer’s Advisory Committee to the Dartmouth Lawyer’s Association.Education
Mr. Frank received his J.D. from the Georgetown University Law Center, where he was a member of The Tax Lawyer, published by the American Bar Association Section on Taxation and edited by Georgetown Law. He received his A.B. from Dartmouth College.
Mr. Frank worked in a variety of earlier positions, including interning for the Division of Enforcement of the Public Company Accounting Oversight Board conducting Sarbanes-Oxley compliance, as well as for the Foreign Service division of the State Department in London.
J.D., Georgetown University Law Center, Washington, District of Columbia
Law Journal: The Tax Lawyer
A.B., Dartmouth College, Hanover, New Hampshire
US District Court Eastern District of New York;
US District Court Southern District of New York
Dartmouth College Club of New York
Dartmouth College Alumni Council
Dartmouth Alumni Association of New York
Dartmouth Lawyer's Association
Chairman, Young Lawyers Advisory Committee
American Society of Pharmacy Law
Association of the Bar of the City of New York
- Spokeo's Federalism Problem, Law360 (Aug. 8, 2016).
- Go on Offense With Antitrust Law, ASAE, January 26, 2015.
- Market Forces and Competitive Concerns in the Development of the Healthcare Information Technology Marketplace, American Bar Association Antitrust Healthcare Chronicle, October 2014.
- Preclusive Effect of Securities Laws on Antitrust Actions, NEW YORK LAW JOURNAL, Vol. 243, No. 4, p. 4 (Jan. 7, 2010).