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Gavin J. Rooney is the chair of the Lowenstein Sandler Consumer Fraud Practice Group and a member of both the Class Action and Derivative Litigation Group and the Securities Litigation Group. Mr. Rooney has extensive experience in defending securities, shareholder derivative, class action, consumer fraud, and RICO claims litigated in the federal and state courts around the country.
Much of Mr. Rooney's practice focuses on the defense of large corporate and institutional clients such as Schering-Plough Corporation, Copper River Partners, Special Situations Fund, Bristol-Myers Squibb Company, and Jersey Central Power & Light Company. Among other successes, Mr. Rooney has:
- Won dismissal of RICO, Consumer Fraud Act and other claims brought by a putative class of third-party payors against Schering-Plough, in which the plaintiffs alleged injury arising from the defendants' supposed marketing of oncology drugs for "off-label" indications. This victory was profiled in TheAmericanLawyer.com on July 20, 2009.
- Won summary judgment on behalf of a short-biased investment fund, dismissing RICO conspiracy claims brought by a public pharmaceutical company alleging that the short seller conspired with other hedge funds, a sell-side stock analyst, and others to supposedly spread false information and manipulate the plaintiff's stock price. The case is widely followed by the press — "The Inside Story of a Wall Street Battle Royal," Forbes (July 26, 2006), and "SEC Looks at Hedge Funds' Trades," Wall Street Journal (Feb. 13, 2009).
- Defended Schering-Plough against securities-fraud claims that it misled investors about its manufacturing problems and the risks those problems supposedly posed to FDA approval of a new, blockbuster antihistamine drug.
- Won the first-ever decertification of a class action pending in New Jersey state court, as well as a decision dismissing a classwide damages model which established New Jersey law on the admissibility of such models. Muise v. GPU, Inc., 371 N.J. Super. 13 (App. Div. 2004). Defended numerous product manufacturers against putative class action claims under the New Jersey Consumer Fraud Act, including the manufacturers/sellers of (i) the allergy drug Claritin, (ii) Coppertone sunscreen, (iii) prepaid telephone calling cards, and (iv) Wal-borne (an equivalent product to Airborne).
At present, Mr. Rooney is counsel to Schering-Plough in the defense of several securities, shareholder derivative, and ERISA class action claims arising out of allegations that the defendant delayed release of the adverse result of a clinical trial.
Mr. Rooney also handles non-class securities claims, shareholder disputes, environmental and real estate matters, and other types of commercial litigation.
Mr. Rooney is well-experienced in trial and appellate work. He has tried numerous jury and non-jury cases in New Jersey, New York and Florida, and won a verdict from a New York jury on behalf of an investment fund plaintiff valued at over $1 million arising out of a public company’s tardy registration of stock. Mr. Rooney has argued before the mid-level appellate courts of New Jersey, California, and New York on numerous occasions, argued several cases before the New Jersey Supreme Court, and appeared before the Second Circuit Court of Appeals.
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Lowenstein Sandler's representation of Schering-Plough (now Merck) in a putative class action seeking damages for the alleged "off-label" marketing of two oncology drugs, Temodar and Intron, is highlighted. The Lowenstein team including Gavin Rooney, Alan Modlinger and Miguel Pozo, won motions to dismiss amended complaints with prejudice, the federal district court for the District of New Jersey finding that the plaintiffs failed to allege injury sufficient to confer Article III standing.,
Metropolitan Corporate Counsel, July 5, 2010
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Gavin Rooney comments on the victory the firm won for client Schering-Plough (now Merck), in which the firm convinced Judge Stanley Chesler to dismiss, with prejudice, a putative class action by third-party payors and consumers complaining of off-label marketing of cancer drugs Temodar and Intron.,
AmLaw Litigation Daily, June 16, 2010
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Lowenstein is highlighted for winning a motion to dismiss on behalf of client Schering-Plough Corporation in In re Schering-Plough Corp. Intron/Temodar Consumer Class Action. The case involved a putative class of third-party payors and consumers who sought to recover payments made for the purchase of oncology drugs by alleging that the drug maker illegally marketed the drugs for "off-label" indications. The Lowenstein team was led by Gavin Rooney.,
AmericanLawyer.com, July 20, 2009
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Columbia University School of Law
(J.D., 1992),
Harlan Fiske Stone Scholar
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State University of New York at Binghamton
(B.A., 1989),
with honors, Phi Beta Kappa
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New Jersey
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New York
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- New Jersey State Bar Association
- Adjunct Faculty, Seton Hall School of Law (1999-present)
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