Brian RubensteinShareholder firstname.lastname@example.org
Brian Rubenstein has a broad range of experience defending pharmaceutical and other companies in a range of large-scale, complex matters. Prior to joining Greenberg Traurig, Brian was with Teva Pharmaceuticals, USA, Inc. from 2005 to 2018, where he most recently served as Senior Director, Associate General Counsel. At Teva, he managed and exercised direct oversight of Teva’s portfolio of product liability, patent settlement, antitrust, and other commercial matters, managing a multimillion-dollar annual legal budget.
Brian guided and counseled Teva through all stages of litigation and dispute resolution, both in federal court and in numerous state court jurisdictions. Most prominently, he managed Teva’s involvement in the landmark U.S. Supreme Court case, Pliva v. Mensing, in which the majority found that “failure to warn” product liability lawsuits against generic pharmaceutical manufacturers are preempted by federal law, a sea change in the law concerning generic pre-emption. He also counseled Teva on antitrust issues, in particular “pay to delay” matters, as well as on labeling and related regulatory issues. In addition, he provided counseling to various business units to ensure compliance with the existing regulatory regime, as well as created and implemented strategies to adapt to potential rule changes for generic pharmaceutical products.
Brian has experience investigating and coordinating responses to government subpoenas as well as FDA and FTC inquiries. Prior to joining Teva, he litigated business disputes, including advertising and intellectual property disputes, at a large New York law firm.
- Products liability
- FDA compliance and inquiry responses
- FTC compliance and inquiry responses
- Multidistrict and mass tort litigation
- Oversaw management and litigation strategy of numerous pharmaceutical product liability mass torts in both state and federal court.°
- Led litigation strategy and management of the first patent settlement antitrust case to go to trial post-FTC vs. Actavis, Inc., the 2013 ruling where the U.S. Supreme Court set the standard for determining whether patent settlement agreements between NDA holders and ANDA holders violate the antitrust laws.°
- Managed numerous multidistrict class action antitrust litigations.°
°The above representations were handled by Mr. Rubenstein prior to joining Greenberg Traurig, LLP.
- Teva Pharmaceuticals, USA, Inc.
- Senior Director, Associate General Counsel, 2012-2018
- Senior Counsel, 2010-2012
- Counsel, 2008-2010
- Associate Counsel, 2005-2008
Recognition & Leadership
- Listed, The Best Lawyers in America, Product Liability Litigation - Defendants, 2023
- Team Member, a Law360 “Product Liability Practice Group of the Year,” 2021-2022
- Listed, The Legal 500 United States, 2019
- Dispute Resolution - Product Liability, Mass Tort and Class Actions - Consumer Products (Including Tobacco) - Defense, 2019
- Dispute Resolution - Product Liability, Mass Tort and Class Actions - Pharmaceuticals and Medical Devices - Defense, 2019
J.D., cum laude, Loyola University Chicago School of Law, 1998
- Member, Loyola University Chicago Law Journal
- B.S., Wharton School of Business, University of Pennsylvania, 1995
- Hon. William J. Bauer, U.S. Court of Appeals for the Seventh Circuit, 1998-1999
- New York