Kaplan Fox & Kilsheimer LLP
850 Third Avenue, 14th Floor
New York, NY 10022
phone: (800) 290-1952,

(212) 687-1980
fax: (212) 687-7714
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Elana Katcher

Partner


Elana Katcher has extensive complex antitrust litigation experience drawn from her work on both the plaintiff and defense sides.  Ms. Katcher began her career in antitrust litigation as an associate at Sullivan & Cromwell LLP where she was a member of the trial team defending Microsoft Corporation against a series of private class actions brought in courts around the country, as well as representing other major defendants in bet-the-company litigation.  

Since 2007, Ms. Katcher has been instrumental in some of Kaplan Fox’s largest cases, including In re Air Cargo Shipping Servs. Antitrust Litig., MDL No. 1775 (E.D.N.Y.), and a successful bellwether trial in Neurontin Marketing, Sales Practices & Products Liability Litig., MDL No. 1629 (D. Mass.). In addition, Ms. Katcher co-drafted a successful opposition to the first Rule 12(b)(6) motion to dismiss in the sprawling Generic Pharmaceutical antitrust actions, In re Propranolol Antitrust Litig., 249 F. Supp. 3d 712 (S.D.N.Y. 2017) (Rakoff, J.), and continues to work on behalf of the Direct Purchaser Plaintiffs in the Generic Pharmaceutical antitrust actions now pending before District Judge Cynthia M. Rufe in the Eastern District of Pennsylvania. She currently serves as part of the co-lead teams in In re Caustic Soda Antitrust Litigation, In re Caustic Soda Antitrust Litigation, 1:19-cv-00385 (W.D.N.Y.), in which the court recently upheld plaintiffs’ price-fixing claims against five major manufacturers of caustic soda. See Miami Prod. & Chem. Co. v. Olin Corp., No. 1:19-CV-00385 EAW, 2020 WL 1482139, at *33 (W.D.N.Y. Mar. 27, 2020).

In addition, Ms. Katcher represents significant corporate clients, including clients listed on Nasdaq, in individual antitrust actions in Packaged Seafood in which she has recently co-argued a key motion to dismiss before District Judge Janis L. Sammartino, obtaining a significant victory where the court upheld jurisdiction over two foreign defendants. See In re Packaged Seafood Prod. Antitrust Litig., No. 15-MD-2670 JLS (MDD), 2018 WL 4222506 (S.D. Cal. Sept. 5, 2018).  Ms. Katcher has also taken major depositions of key witnesses in the U.S., Hong Kong, and Frankfurt, in Air Cargo, Packaged Seafood, and other cases.     

She has an expertise in cross-border discovery issues and has recently authored an article entitled “Discovery from Foreign Litigants in U.S. Courts: Why hasn’t the Sedona Conference Shifted the Narrative?” ABA Antitrust Section, Global Private Litigation Bulletin (Feb. 2020).

Prior to Kaplan Fox, she was an associate at Sullivan & Cromwell LLP and King & Spalding LLP, where she participated in the defense of major companies, including at trial and in arbitration.


Education:

  • B.A. Oberlin College
  • J.D., New York University
Bar Affiliations and Court Admissions:
  • Bar of the State of New York
  • U.S. District Courts for the Southern and Eastern Districts of New York
Professional Affiliations:
  • New York State Bar Association
  • New York City Bar Association