Firm Profile > MoginRubin LLP > Washington DC, United States
MoginRubin LLP Offices
202.630.0616 1615 M Street, N.W. Third Floor
Washington, D.C. 20036
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MoginRubin LLP > The Legal 500 Rankings
Founded in 2017, class-action boutique outfit MoginRubin LLP is recognized as having ‘extensive experience in litigating antitrust matters’, leveraging ‘close contacts with prominent expert economists and damage experts’. Commended for its ability to secure ‘large verdicts and settlements on behalf of consumer and industry plaintiff classes’, it has experience assisting a broad range of clients, from Fortune 1000 companies to start-ups, and board executives to entrepreneurs. Jonathan Rubin in Washington DC and Jennifer Oliver in San Diego jointly lead the department alongside Daniel Mogin, a San Diego-based attorney rated by clients as ‘a particularly gifted trial lawyer’. Also in the firm’s San Diego hub are associate Timothy LaComb and senior counsel Joy Sidhwa, the latter of whom leads the document discovery team and provides invaluable support in antitrust litigation. The group has wide-ranging expertise, but has been especially active in the areas of financial services, cybersecurity, transport and retail.
Daniel Mogin; Jonathan Rubin; Jennifer Oliver
Other key lawyers:
Timothy LaComb; Joy Sidhwa
‘Both Mr. Mogin and Mr. Rubin have extensive experience in litigating antitrust matters particularly class actions. The firm has close contacts with prominent expert economists and damage experts. They have secured large verdicts and settlements on behalf of consumer and industry plaintiff classes. Although the firm is small in number, it continually punches above its weight.’
‘Dan Mogin has enormous experience in the field and is a particularly gifted trial lawyer combining deep knowledge of antitrust law and theory with the ability to explain and persuade to judges and juries in plain and convincing style.’
‘The matter we are being assisted with by MoginRubin LLP is a complex antitrust case. Each of the partners and associates specialize in competition law, so they are well-versed in the subject matter and able to deal with complex legal issues quickly and efficiently in a way that is oriented toward results. The attorneys in the firm are all very capable and personable.’
‘After working with another attorney who was unable to proceed with our complex antitrust matter, we engaged Jonathan Rubin, who is an experienced and highly regarded antitrust attorney and a PhD economist. Jonathan was able to steer the strategy of the matter to success in each of the case milestones that we reached along the way.’
Bruce Renard, Executive Director of the National ATM Counsel
MoginRubin LLP > Firm Profile
MoginRubin LLP is a nationally recognized law firm dedicated to individual and class action antitrust and competition law.
Founded in 2017 with offices in Washington, D.C. and California, MoginRubin supports a variety of valued clients ranging from entrepreneurs to Fortune 1000 companies, Forbes 400 individuals, middle market manufacturers, wholesalers, distributors, retailers, service providers, start-ups and advocacy groups. The firm offers counsel in the areas of antitrust; unfair competition; class actions; M&A – litigation and agency advocacy; M&A – antitrust due diligence; competition policy and advocacy; private equity, hedge fund, and M&A disputes; trade regulation; intellectual property and trade secrets; complex business litigation and appeals, CFIUS analysis and findings, and data breach litigation.
MoginRubin has represented their clients in hundreds of antitrust and class action cases across multiple industries in federal courts throughout the United States. Their clients have included Fortune 1000 companies, Forbes 400 individuals, middle market manufacturers, trade groups, private equity and service firms, and venture capitalists. They also represent investment professionals, start-ups, and entrepreneurs. As such, they often serve as lead or liaison counsel and on steering and executive committees, charged with the overall responsibility for complex federal Multi-District Litigation, California Judicial Council Coordination Proceedings and other complex class, direct and private enforcement actions. The firm is frequently invited by other law firms to participate in litigation or consultations – often as the “lawyers’ lawyers.”
MoginRubin lawyers are dedicated and experienced with deep backgrounds in antitrust law, hailing from premier Am Law 200 law firms and prestigious national litigation boutiques. They understand the nuances of the corporate world, holding advanced degrees in Business, Economics, and Finance and have been lawyers with the Federal Trade Commission, the American Antitrust Institute and other federal and state antitrust enforcement authorities.
The firm offers its clients added value and well-rounded viewpoints through diversity. More than half of the firm’s lawyers and a third of the partnership are women. The firm has continued to emphasize diversity and inclusion as it has grown, allowing it to maximize productivity and creativity in meeting the needs of its clients. The firm devotes its resources towards creating well-rounded professionals dedicated to the highest level of competence, excellence and accountability. They have been named thought-leaders by reputable publications and featured authors in varios op-eds and articles. MoginRubin remains committed to developing a diverse team as it continues to expand its national footprint.
MoginRubin takes great pride in driving success for their clients. As a specialized boutique firm, they can offer strategic perspective, creativity, flexibility, and client relationships superior to larger litigation firms. All clients receive the same exceptional standard of service to ensure that their matters achieve the best possible outcomes. Ultimately, the team at MoginRubin understands the real-life implications and pressures of operating in the marketplace, and advocates for its clients as if their businesses were its own.
Creating opportunities and the business strategy of antitrust
The Legal 500 and MoginRubin LLP were thrilled to host a spirited roundtable discussion on the business strategy and potential revenue opportunities of private antitrust litigation. The discussion was attended by GCs from a diverse set of industries and organizations, including a private equity investment firm, a Nasdaq-listed telecoms company, a healthcare data startup, and a real estate development group.
At the heart of this topic is a point of principle summed up in one simple question to get the conversation moving: Are GCs happy to allow the government to shape competition in their market according to their priorities rather than those of market participants? The answer, of course, is ‘no’; however, the real answer is most commonly ‘no, but…’ and addressing what comes after the ‘but…’ quickly became the focus of the conversation.
Retired Supreme Court Justice John Paul Stevens famously stated that private enforcement of antitrust laws ‘was in no sense an afterthought’, but rather ‘an integral part of the congressional plan for protecting competition’. So the question stands, in a world where corporates are making big bucks from affirmative recovery programs, why are GCs hesitant to assert their company’s antitrust rights in the same way they might assert other legal rights? Answers to this question differed depending on who was answering, but most of what was voiced aligned neatly with several misconceptions that MoginRubin was prepared to meet.
The first concern was reputational. What will people think? Will we still be able to get business? Will this damage our brand? These are real concerns and concerns that our firm sponsors acknowledge must be taken seriously. However, MoginRubin reminded us of a cold hard truth highlighted by American academic and economic theorist Michael Porter: like everything else in this life, those who do not confront their competitors will continue to be victimised. That’s all there is to it. There are scenarios in which a company must decide to either assert itself, or be bullied into submission. At the very least, a company might walk away with a reputation as a company that can’t be pushed around.
At that point one attendee built up the nerve to address the real elephant in the room. Let’s talk costs. And that particular concern got people talking, indeed. The perception was that antitrust litigation is prohibitively expensive. But not so fast, say our sponsors. Relative to the recoveries that the good firms can hope to achieve, the costs of private action might be close to negligible. In fact, MoginRubin portrayed private antitrust action as an opportunity to actually create revenue, just like any other tool in a rigorous affirmative recovery program. Our event sponsors nodded knowingly when the issue of cost was raised, but intuitions about costs and benefits shifted when MoginRubin detailed concrete examples of big payouts. After all, is there a GC alive who wouldn’t want to place a multimillion-dollar check on their CEO’s desk?
Toward the end of the conversation the attendees became interested in the extent to which in-house legal teams are providing training in antitrust law and strategy. The general consensus was that antitrust training for in-house legal teams is almost non-existent, at least in any way that would drive revenue or contribute to a wider business strategy. Roundtable participants brainstormed ways to bolster an in-house team’s sensitivity to antitrust concerns and identified at least one simple strategy for shifting from a defensive mindset to a more proactive one.
Thank you very much to all of our in-house participants, and thank you, of course, to MoginRubin for sponsoring what turned out to be a productive and enjoyable roundtable discussion.
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