Member Profile

Mr. Kaplan is widely recognized as a leading antitrust litigator and has led the prosecution of numerous antitrust class actions, which have resulted in billions in settlements for class members. He has been a lead counsel or member of the Executive Committee in dozens of antitrust cases (some of which are listed hereafter) since he left the Antitrust Division of the U.S. Department of Justice. Mr. Kaplan was a lead counsel in In re Air Caro Antitrust Litigation ($1.25 billion in settlements). In re Flat Glass Antitrust Litigation, he successfully argued the case before the U.S. Court of Appeals for the Third Circuit, which issued a ground breaking and often-cited summary judgment opinion. In 2015, The Legal 500 named Mr. Kaplan as one of the leading antitrust attorneys in the country.

Kaplan Fox has long been at the forefront of significant private antitrust actions, and we have been appointed by courts as lead counsel or member of an executive committee for plaintiffs in some of the largest antitrust cases throughout the United States. Current members of the firm have argued some of the most significant antitrust decisions in recent years before numerous federal appellate courts. For example, Robert Kaplan argued the appeal in In re Flat Glass Antitrust Litigation, 385 F.3d 350 (3d Cir. 2004), and Greg Arenson argued the appeal in In re High Fructose Corn Syrup Antitrust Litigation, 295 F. 3d 651 (7th Cir. 2002). In a recent survey of defense counsel, in-house attorneys and individuals involved in the civil justice reform movement, both of these Kaplan Fox lawyers were named among the 75 best plaintiffs’ lawyers in the country based on their expertise and influence. Over the years, Kaplan Fox has recovered over $2 billion for our clients in antitrust cases. Some of the larger more recent antitrust recoveries included: In re Air Cargo Shipping Services Antitrust Litigation, MDL No. 1775 (E.D.N.Y.) (over $1.25 billion); In re Neurontin Antitrust Litigation, MDL No. 1479, Master File No. 02-1390 (D.N.J.) ($190 million settlement); In re High Fructose Corn Syrup Antitrust Litigation, MDL No. 1087, Master File No. 95-1477 (C.D. Ill) ($531 million recovered); In re Brand Name Prescription Drugs Antitrust Litigation, MDL No. 997 (N.D. Ill.) (over $720 million recovered); In re Infant Formula Antitrust Litigation, MDL No. 878 (N.D. Fla.) ($126 million recovered); In re Flat Glass Antitrust Litigation, MDL No. 1200 (W.D. Pa.) (over $122 million recovered); In re Hydrogen Peroxide Antitrust Litigation, MDL No. 1682 (E.D. Pa.) ($97 million recovered); In re Plastics Additives Antitrust Litigation, 03-CV-1898 (E.D. Pa.) ($46.8 million recovered); In re Medical X-Ray Film Antitrust Litigation, CV 93-5904 (E.D.N.Y.) ($39.6 million recovered);In re NBR Antitrust Litigation, MDL No. 1684 (E.D. Pa.) ($34.3 million recovered)

Affiliated Foods, Inc., Alex Lee, Inc., Associated Food Stores, Inc., Associated Grocers of New England, Inc., Associated Grocers, Inc., Bashas’ Inc., Big Y Foods, Inc., Brookshire Brothers, Inc., Brookshire Grocery Company, Certco, Inc., Dollar Tree Distribution, Inc., Greenbrier International, Inc., Family Dollar Stores, Inc., Family Dollar Services, LLC, Fareway Stores, Inc., Giant Eagle, Inc., The Golub Corporation, Kmart Corporation, K-VA-T Food Stores, Inc., Marc Glassman, Inc., McLane Company, Inc., Meadowbrook Meat Company, Inc., Merchants Distributors, LLC, Schnuck Markets, Inc., SpartanNash, URM Stores Inc., Western Family Foods, Inc. and Woodman’s Food Market, Inc., 99 Cents Only Stores LLC

Mr. Kaplan was a trial attorney with the Antitrust Division of the United States Department of Justice there he litigated civil and criminal actions. He served as a law clerk to the Hon. Sylvester J. Ryan then chief judge of the United States District for the Southern District of New York and served as an acting judge of the City Court for the City of Rye, New York,

Bars of the State of New York and District of Columbia U.S. Supreme Court U.S. Courts of Appeals for Second, Third, Seventh, Ninth, Tenth and Eleventh Circuits U.S. District Courts for Southern, Eastern, Western, Northern Districts of New York Central District of Illinois

Articles: “Complaint and Discovery In Securities Cases.” Trial April 1987 Franchise Statutes and Rules, “Westchester Bar Topics, Winter 1983; “Roots Under Attack: Alexander v. Haley and Courlander v. Haley.” Communications and the Law, July 1979.

Mr. Kaplan is also a very active in the Federal Bar Council as a member of the Program Committee and Winter Planning Committee. For the Program Committee, in 2013, he organized a class action program which was moderated by Hon. William Kuntz. He organized a program on Antitrust Cartels which was moderated by Hon. Lewis Kaplan. In 2013, at the Federal Bar Council’s winter meeting, Mr. Kaplan organized a program on class actions, which was moderated by Hon. Raymond Lohier of the U.S. Court of Appeals for the Second Circuit.

American Bar Association Advisory Group of the United States District of New York National Association of Securities and Commercial Law Attorneys Committee to Support the Antitrust Laws, NAPPA CII, Federal Bar Council and Winter Planning Committees Association of Trial Lawyers of America; Association of the Bar of the City of New York

Columbia Law School Board of Visitors Board of Directors of the Carver Center in Port Chester, NY Member of the Dana Farber Visiting Committee, Thoracic Oncology in Boston, MA

Listed by Defendants and corporate counsel as one of the top 75 plaintiffs’ attorneys in the U.S. for all disciplines; listed as one of the top 5 attorneys for securities litigation; recognized by Legal 500 as one of the top securities litigators in the United States for 2011 through 2015; Listed leading antitrust attorneys in the country (2015) Super Lawyer in the New York Metro Area.