Robin P. Sumner
Robin P. Sumner is a partner with Pepper Hamilton LLP and a member of the Commercial Litigation Practice Group.
Ms. Sumner focuses her practice on antitrust/competition law, securities law and complex civil litigation, including class actions and multi-district litigation. She also has significant experience litigating a variety of cases in the health care industry, including cases alleging violations of antitrust laws and the False Claims Act.
Before joining Pepper in July 2007, Ms. Sumner was a partner with Dechert LLP. The following engagements are representative of work she has handled:
Ms. Sumner’s speaking engagements and publications include:
- In re Processed Egg Products Antitrust Litigation (MDL No. 2002). Represents two Capper-Volstead cooperatives and a trade association in a series of putative class actions alleging an industry-wide supply restriction scheme to fix the prices of eggs and egg products sold in the United States during an eight-year period.
- Ruff v. Albert Einstein Healthcare Network (E.D. Pa.). Represents a major health care network and related entities in a putative collective action case alleging violations of the FLSA and a putative class action alleging violations of RICO and ERISA based on the network’s use of an automatic meal break deduction timekeeping system.
- State of South Carolina ex rel. Henry McMaster v. Eli Lilly & Company, Inc. (S.C. Ct. Com. Pl.). Represented a major pharmaceutical manufacturer in a case alleging Medicaid fraud through the submission of false claims, violations of the state unfair trade practices act and other common law fraud and unjust enrichment claims.
- The Heart Care Group, P.C. v. St. Luke's Hospital and Health Network (AAA). Represents a large health care provider network in a dispute alleging multiples breaches of provider service agreements.
- In re Flat Glass Antitrust Litigation (No. II) (MDL No. 1942). Represents a flat glass manufacturer in multiple class actions alleging price fixing.
- AlarMax Distrib. Inc. v. Tyco Safety Products Canada, Ltd. (W.D. Pa.).
Represented a burglar alarm products manufacturer in a case alleging competitive injury resulting from an exclusive dealing arrangement.
- Confidential Special Litigation Committee Representation. Represented a special litigation committee of a board of a financial services company in an investigation relating to shareholder demands arising out of an acquisition.
- In re RAIT Financial Trust Securities Litigation (E.D. Pa.). Represented a real estate investment trust and its management directors in a putative class action and related shareholder derivative suit arising out of alleged violations of the federal securities laws.
- Confidential Arbitration Matter. (AAA). Represented a party in a three-week arbitration concerning a dispute with its joint venture partner alleging multiple breaches by both parties of the representations and warranties made in the contribution and asset purchase agreement central to the joint venture deal.
- Adelphia Communications Corp. v. Deloitte & Touche, LLP (Phila. Ct. Com. Pl.). Represented the Estate of Adelphia in an action for professional negligence against Adelphia’s former auditors, which resulted in a $167.5 million settlement.
- Gartmore Investment Limited v. National Indemnity Company of Mid-America (private arbitration). Represented a national insurance company and its British subsidiary, an investment management company, in an arbitration against its insurance carrier for breach of contract, bad faith, and estoppel for carrier’s denial of coverage and application of multiple deductibles.
- Steven Meller, M.D. v. Abington Memorial Hospital, et al. (Mont. Ct. Com. Pl.). Represents a hospital, medical staff and individual physicians in a case alleging competitive injury as a result of failure to grant medical staff privileges.
- In re: Relafen Antitrust Litigation (D.Mass.). Represented a Fortune 100 research-based pharmaceutical company in a monopolization and attempted monopolization case based on allegations of sham patent litigation and unlawful intellectual property strategies.
- In re: Microcrystalline Cellulose Antitrust Litigation (E.D.Pa.). Represented a large chemical company in multiple class actions alleging market allocation, monopolization and attempted monopolization.
- McDonough v. Toys R Us, et al. and BabyAge.com v. Toys R Us, et al. (E.D.Pa.). Represented a baby products manufacturer in a series of cases alleging Sherman Act violations based on allegations of vertical resale price maintenance agreements.
- Zoom Imaging, L.P. v. St. Luke’s Hospital and Health Network, et al. (E.D. Pa.). Represented a hospital, physician practice and two individual physicians in an action alleging a conspiracy to boycott a competing radiology service provider.
- United States ex rel. King v. Alcon Laboratories, Inc. (N.D. Tex.). Represented a Fortune 100 research-based pharmaceutical company in a case alleging False Claims Act violations, conspiracy and unjust enrichment based on alleged failure to comply with the FDA's regulations covering Current Good Manufacturing Processes.
Ms. Sumner is listed in Chambers USA: America’s Leading Lawyers for Business and was selected for inclusion on the 2014 Pennsylvania Super Lawyers list.
- "FTC Report Tallies Hatch-Waxman Settlements for FY2013" (co-author), Pepper Hamilton LLP Client Alert (January 7, 2015)
- “Roundtable on Patent Litigation Settlements,” Canadian Bar Association National Competition Law Section, Toronto, ON (November 24, 2014)
- "Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical Analysis" (co-author), Pepper Hamilton LLP Health Care Alert (October 23, 2014)
- “Third Circuit Affirms Dismissal of FLSA Overtime Claims in Hospital Meal Break Cases” (co-author), Pepper Hamilton LLP Client Alert (August 28, 2014)
- “Federal Court Finds Actavis Applies Only to Settlements Involving Monetary Payments” (co-author), Pepper Hamilton LLP Client Alert (February 3, 2014)
- “A Turducken Task: How Actavis Invites Relitigation of Patent Merits in Reverse Payment Cases” (co-author), Westlaw Journal Pharmaceuticals (December 4, 2013)
- “Recent Developments: Attorney-Client Privilege, Work Product Privilege and Common Interest,” Pepper Hamilton LLP CLE Event, Philadelphia, PA (December 21, 2011)
- “Running the Traps in Trade Associations and Other Organizations of Competitors,” Pepper Hamilton Annual Antitrust Developments Update CLE Event, Philadelphia, PA (December 8, 2011)
- “FTC and DOJ Issue Final Accountable Care Organization Antitrust Policy Statement” (co-author), Pepper Hamilton LLP Client Alert (October 25, 2011)
- “Commentators Seek More Clarification and Less ‘Regulation’ from the Antitrust Agencies Following the Agencies’ ‘Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations’,” (co-author), American Health Lawyers Association (August 2011)
- “The FTC and DOJ Release Accountable Care Organization Antitrust Policy Statement,” (co-author), Pepper Hamilton LLP Client Alert (April 5, 2011)
- “Minimizing Risk at the Intersection of Intellectual Property and Antitrust Law: Practical Lessons on Patent Enforcement,” Pepper Hamilton First Annual Antitrust Developments Update CLE Event, Philadelphia, PA (December 8, 2010)
- “Second Circuit Broadens Walker Process Standing,” (author), Pepper Hamilton LLP Client Alert (October 28, 2009)
- “D.C. Circuit Reverses FTC Ruling in Patent Hold-Up Case,” Pepper Hamilton LLP Antitrust Client Alert (May 2008).
Ms. Sumner is a member of the Pennsylvania bar and is admitted to practice before the U.S. District Court for the Eastern District of Pennsylvania and the U.S. Courts of Appeals for the Third and Sixth Circuits.
A.B. 1992, magna cum laude, Brown University
J.D. 1998 University of California, Berkeley, Boalt Hall School of Law; production editor, Berkeley Women’s Law Journal; Order of the Coif
Admitted to practice in Pennsylvania