Rebecca C. Ellis
Rebecca Ellis focuses her practice on complex business litigation, particularly in the antitrust space, as well as internal and government investigations. She has represented clients across industries, including medical device and pharmaceutical manufacturers, hospitals and health systems, physician services companies, national retailers, telecommunications companies, and financial services firms. Her experience spans multiple stages of litigation and investigations, including pre-litigation advising, dispositive motion practice, class certification, discovery, settlements, and appeals.
Rebecca joined Ropes & Gray in 2013. She is a graduate of Harvard Law School, where she was an executive editor of the Harvard Law Review. Prior to joining the firm, Rebecca clerked for the Hon. Judge Sandra Lynch of the U.S. Court of Appeals for the First Circuit.
Antitrust Litigation and Advising
- Represents biotechnology company in federal lawsuit relating to patent settlement and license agreement; secured dismissal in district court, and appeal is pending before Ninth Circuit Court of Appeals.
- Represents multiple life science technology and pharmaceutical companies in defending antitrust counterclaims asserted by parties alleged to have misappropriated clients’ intellectual property, trade secrets, or other proprietary technology.
- Advises hospitals and health systems, physician services companies, and other organizations in the health care space regarding potential mergers and other affiliations, including considerations for potential antitrust review by the Federal Trade Commission, Department of Justice, and state antitrust or regulatory agencies.
- Managed expert discovery and settlement process for cable television provider's settlement of consumer antitrust class action.
- Represented biotechnology company in successful defense of attempt by distributor to obtain a preliminary injunction against change in company’s drug distribution system; won dismissal of case after defeat of preliminary injunction motion.
False Claims Act and Investigations
- Represents global medical device manufacturer in qui tam suit alleging payment of kickbacks.
- Represented medical device manufacturer in successful defense of qui tam suit relating to compliance with the Food, Drug & Cosmetic Act, including a favorable decision from the First Circuit Court of Appeals.
- Represented pharmaceutical company in qui tam suit alleging off-label promotion and retaliation, which reached very favorable settlement.
- Represented financial services firm in multi-year government investigation by agencies in the United States and United Kingdom.
Other Representative Matters
- Advised consumer technology company regarding compliance with potentially conflicting state and federal regulations.
- Secured dismissal of federal Securities Act claim against biotechnology company developing a novel treatment for a serious medical condition.
- Represented retail clients in putative class actions alleging violations of state consumer protection laws relating to pricing practices; secured dismissal in one such suit and reached favorable settlement in another.
- Represented pharmaceutical company in Delaware appraisal and shareholder suits relating to company’s acquisition.
- Briefed four appeals before federal appellate courts and served as local counsel consultant on two additional appeals.
- Represents survivors of child sex trafficking in federal civil lawsuit and criminal restitution proceedings, seeking compensation for harm suffered as a result of being trafficked for sex on notorious website Backpage.com.
- Represents mother and daughter seeking asylum after having been subjected to “zero tolerance” family separation policy.
- Kirsten Mayer, Maria Carboni, David Derusha, and Rebecca Ellis, “You’re Not Done Yet – How Judicial Intervention is Reshaping the Corporate Settlement Landscape,” American Bar Association’s 28th Annual National Institute on White Collar Crime (March 2014).
- JD, magna cum laude, Harvard Law School, 2012; Executive editor, Harvard Law Review
- BA, summa cum laude, Wellesley College, 2006; Phi Beta Kappa