Justin P. Raphael

Justin P. Raphael

Justin Raphael is a litigation partner in the San Francisco office of Munger, Tolles & Olson.

Mr. Raphael’s practice is focused on antitrust litigation and complex civil litigation, particularly matters related to technology, digital platforms and intellectual property. He has tried several high-profile matters and his antitrust experience spans trial practice, class certification and appeals.

Mr. Raphael graduated magna cum laude from Harvard Law School, where he was the commencement speaker, and assisted the Office of the Prosecutor at the International Criminal Tribunal for the Former Yugoslavia in The Hague. Mr. Raphael received his undergraduate degree, summa cum laude, from the University of Pennsylvania where he was elected to Phi Beta Kappa. Chambers USA recently ranked Mr. Raphael as an Up and Coming antitrust lawyer in California.

Experience

Key Representations

  • Google at trial and in multi-district litigation encompassing private, class and government enforcement actions alleging anticompetitive conduct in connection with the Google Play Store and the Android operating system. In re Google Play Antitrust Litigation. Mr. Raphael led the effort to win exclusion of testimony from the consumers’ and state attorney generals’ damages expert, eliminating $8 billion potential damages.
  • MGM Resorts International in two putative antitrust class actions alleging that the defendants improperly used algorithmic pricing software, successfully obtaining dismissal of MGM Resorts from a class action in Las Vegas.
  • American Express in obtaining a Supreme Court victory in a lawsuit brought by 17 states and the U.S. Department of Justice alleging that the credit card company’s merchant contracts are anti-competitive.
  • Lyft Inc. in antitrust claims challenging its pricing practices.
  • Lyft, Inc. in multiple cases asserting that drivers using Lyft’s service should be treated as employees, including at trial of claims brought by the Attorney General of Massachusetts. Mr. Raphael also was part of the team that successfully defended multiple preliminary injunction motions seeking immediate classification of drivers as employees. 
  • Solvay Pharmaceuticals, Inc. in defense of claims by the Federal Trade Commission and a nationwide class action asserting antitrust challenges to patent settlements. FTC v. Actavis; In re Androgel Antitrust Litig. (nationwide MDL)
  • 1-800 Contacts in defense of claims by the Federal Trade Commission asserting antitrust challenges to trademark settlements, including at trial before an Administrative Law Judge, as well as numerous nationwide class actions asserting similar antitrust claims.
  • NCAA at trial in defense of a nationwide class action against antitrust and intellectual property claims relating to NCAA rules that allegedly preclude collegiate basketball and football athletes from being paid for the alleged use of their name, image and likeness. O’Bannon v. NCAA (In re Student-Athlete Name and Licensing Litigation)
  • An online service provider with respect to antitrust and other claims challenging conduct related to protecting its platform against scraping. 
  • The Norton Simon Museum in obtaining summary judgment in a dispute involving the ownership of two paintings in the museum’s collection. The victory was named among the Daily Journal’s Top Verdicts of 2016 and earned the defense team a Daily Journal 2017 California Lawyer Attorney of the Year (CLAY) Award.
  • Activision in defense of right of publicity claims brought by former Panamanian dictator Manuel Noriega in which he claims that his depiction as a minor character in Call of Duty: Black Ops II violates his right of publicity and California’s unfair competition statute.
  • An online service provider before the Foreign Intelligence Surveillance Court challenging government restrictions on disclosure of government requests for member data.

Speaking Engagements

  • Panelist, “Tech Litigation,” USC Gould School of Law/Analysis Group Antitrust and Competition Law Event, June 7, 2024

Practice Areas

Education

  • Harvard Law School (J.D., magna cum laude, 2009)

  • University of Pennsylvania (B.A., summa cum laude, American History, 2006) Phi Beta Kappa

Clerkships

  • Judge Richard J. Holwell, U.S. District Court, Southern District of New York, 2010-2011

Bar Admissions

  • California
  • New York

Experience

Key Representations

  • Google at trial and in multi-district litigation encompassing private, class and government enforcement actions alleging anticompetitive conduct in connection with the Google Play Store and the Android operating system. In re Google Play Antitrust Litigation. Mr. Raphael led the effort to win exclusion of testimony from the consumers’ and state attorney generals’ damages expert, eliminating $8 billion potential damages.
  • MGM Resorts International in two putative antitrust class actions alleging that the defendants improperly used algorithmic pricing software, successfully obtaining dismissal of MGM Resorts from a class action in Las Vegas.
  • American Express in obtaining a Supreme Court victory in a lawsuit brought by 17 states and the U.S. Department of Justice alleging that the credit card company’s merchant contracts are anti-competitive.
  • Lyft Inc. in antitrust claims challenging its pricing practices.
  • Lyft, Inc. in multiple cases asserting that drivers using Lyft’s service should be treated as employees, including at trial of claims brought by the Attorney General of Massachusetts. Mr. Raphael also was part of the team that successfully defended multiple preliminary injunction motions seeking immediate classification of drivers as employees. 
  • Solvay Pharmaceuticals, Inc. in defense of claims by the Federal Trade Commission and a nationwide class action asserting antitrust challenges to patent settlements. FTC v. Actavis; In re Androgel Antitrust Litig. (nationwide MDL)
  • 1-800 Contacts in defense of claims by the Federal Trade Commission asserting antitrust challenges to trademark settlements, including at trial before an Administrative Law Judge, as well as numerous nationwide class actions asserting similar antitrust claims.
  • NCAA at trial in defense of a nationwide class action against antitrust and intellectual property claims relating to NCAA rules that allegedly preclude collegiate basketball and football athletes from being paid for the alleged use of their name, image and likeness. O’Bannon v. NCAA (In re Student-Athlete Name and Licensing Litigation)
  • An online service provider with respect to antitrust and other claims challenging conduct related to protecting its platform against scraping. 
  • The Norton Simon Museum in obtaining summary judgment in a dispute involving the ownership of two paintings in the museum’s collection. The victory was named among the Daily Journal’s Top Verdicts of 2016 and earned the defense team a Daily Journal 2017 California Lawyer Attorney of the Year (CLAY) Award.
  • Activision in defense of right of publicity claims brought by former Panamanian dictator Manuel Noriega in which he claims that his depiction as a minor character in Call of Duty: Black Ops II violates his right of publicity and California’s unfair competition statute.
  • An online service provider before the Foreign Intelligence Surveillance Court challenging government restrictions on disclosure of government requests for member data.

Speaking Engagements

  • Panelist, “Tech Litigation,” USC Gould School of Law/Analysis Group Antitrust and Competition Law Event, June 7, 2024

Practice Areas

Education

  • Harvard Law School (J.D., magna cum laude, 2009)

  • University of Pennsylvania (B.A., summa cum laude, American History, 2006) Phi Beta Kappa

Clerkships

  • Judge Richard J. Holwell, U.S. District Court, Southern District of New York, 2010-2011

Bar Admissions

  • California
  • New York