Adam M. Acosta

Partner | Litigation

About
Credentials
Experience
News & Insights

About

Recognized as an MVP by Law360 for “successes in high-stakes litigation,” Adam helps businesses of all sizes from Fortune 500 companies to startups resolve commercial disputes.

Known for his pragmatic yet trial-ready approach, Adam has litigated and tried a wide range of business and competition-related matters around the country, including contract, business tort, antitrust, and consumer-protection cases.

  • Adam has obtained decisive dismissals, including an early dismissal of breach-of-contract and product-tying claims that sought to upend supply terms for one of the largest international franchises and a voluntary dismissal in post-remand litigation following the U.S. Supreme Court’s “pay for delay” decision in FTC v. Actavis (then defeating class certification in a follow-on action). He also recently recovered $70 million in indemnification from a licensee covering nationwide product sales.

    At trial, Adam has helped clients defeat a $2.4 billion price-fixing claim related to alleged overcharges for liquid-crystal displays and eliminate nearly $200 million in alleged damages for construction defects. He has obtained significant appellate victories, including the first-ever grant of summary judgment dismissing product-hopping monopolization claims (affirmed by the Third Circuit), a complete Rule 12(b)(6) dismissal of reverse-payment claims challenging supply, asset purchase, and other commercial agreements (affirmed by the Second Circuit), and reversal of class certification for an indirect-purchaser class (interlocutory appeal to the First Circuit).

    Adam has also consistently resolved government inquiries by the DOJ, FTC, and state attorneys general involving manufacturing, pharmaceuticals, technology, marketing, retail, and professional sports—all without the government taking any legal action.

    Clients describe Adam as “very thorough” and “knowledgeable about competitor collaborations, responding to government antitrust investigations, and information exchanges” (Legal 500). He is often called on to address time-sensitive issues, with one client noting that Adam “created an excellent appellate brief on very short notice, immediately appreciating the potential risk for our members and the urgency” (Legal 500).

    Adam’s results have been recognized by the American Bar Association, the American Lawyer, Best Lawyers in America, Global Competition Review, Law360, Lawdragon 500: Leading Litigators in America, Lawdragon 500: Leading Global Antitrust & Competition Lawyers, and Legal 500.

    Before joining Pierson Ferdinand, Adam was a partner at an Am Law 10 firm, where he practiced for over a decade. He began his legal career as a law clerk to the Hon. Tim A. Baker in the U.S. District Court for the Southern District of Indiana.

    Adam served as President of the Hispanic Bar Association of the District of Columbia from 2021 to 2022 and is currently a Vice Chair of the American Health Law Association’s Antitrust Practice Group.


Practices

  • Antitrust Counseling

  • Appellate

  • Civil Pretrial and Trial Services

  • Class Action Defense

  • Commercial Litigation

  • Construction and Design Professional

  • Franchising

  • Health and Pharmacy Law

  • Litigation and Risk Management

  • TCPA Defense

  • Trade Secrets and Restrictive Covenants

  • White Collar Defense & Investigations

Admissions

  • District of Columbia

  • Indiana

  • U.S. Supreme Court

  • U.S. Court of Appeals for the Second Circuit

  • U.S. Court of Appeals for the Seventh Circuit

  • U.S. Court of Appeals for the Ninth Circuit

  • U.S. District Court for the District of Columbia

  • U.S. District Courts for the Southern and Northern Districts of Indiana

  • U.S. District Court for the Eastern District of Michigan


Education

  • JD, Howard University School of Law, cum laude, Dean’s Fellow, Howard Law Journal

  • BA, University of Maryland


Memberships and Awards

  • Leading Litigators in America, Lawdragon 500, 2022-2026

  • Next Generation Partner, Antitrust Cartels, Legal 500 US, 2023-2025

  • “Litigator of the Week” Runner-up, Am Law Litigation Daily, 2024

  • Most Valuable Player, Life Sciences, Law360, 2022

  • Top Lawyers Under 40, Hispanic National Bar Association, 2022

  • Rising Star, Antitrust Cartels, Legal 500 US, 2021-2022

  • “Ones to Watch”, Best Lawyers, 2021-2023

  • Top 40 Young Lawyers, American Bar Association, 2019

  • Best Antitrust Business Article – Intellectual Property Category, Concurrences Antitrust Writing Awards, 2018

Experience

  • White & Case LLP


Representative Matters

  • Successfully defended a branded pharmaceutical company in the Bystolic® “pay for delay” patent-settlement litigation challenging six so-called “side deals,” obtaining complete dismissal under Rule 12(b)(6) of all antitrust and consumer-protection claims filed by direct-purchaser, indirect-purchaser, and opt-out retailer plaintiffs. The Second Circuit affirmed on appeal.

  • Successfully defended a global electronics manufacturer in a multibillion-dollar price-fixing case as part of the trial team that won a complete defense verdict after a multi-week jury trial.

  • Successfully defended a nationwide franchisor, obtaining an early dismissal of all franchise product-tying and breach-of-contract claims where franchisees alleged that they were forced to purchase supplies at inflated prices.

  • Successfully defended a healthcare company against “sham litigation” claims after a patent was invalidated. The district court dismissed all antitrust and consumer-protection claims as well as claims by a qui tam plaintiff under the False Claims Act. The client was the only defendant dismissed in all three cases.

  • Successfully defended a fintech company as part of the appellate team securing a complete win in the Eleventh Circuit, which affirmed a Rule 12(b)(6) dismissal of common law tort and securities challenges relating to so-called “short squeeze” trading of meme stocks.

  • Successfully eliminated nearly $200 million in alleged damages against a construction company in a high-stakes construction dispute after a month-long trial.

  • Successfully defended a branded pharmaceutical company against “product hopping” monopolization claims in the Doryx® antitrust litigation, securing the first-ever grant of summary judgment against such claims. The Third Circuit affirmed on appeal.

  • Successfully represented a construction manufacturer in multiple price-fixing investigations by the FTC and the DOJ’s Antitrust Division.

  • Successfully defended a biotechnology company in royalty disputes under license agreements, implicating over a billion dollars in alleged underpayments.

  • Successfully secured full indemnification for a healthcare licensor concerning a multimillion-dollar dispute filed against both the licensor and licensee.

  • Successfully enforced a non-class arbitration provision in a wholesaler distribution agreement, eliminating billions of dollars in alleged class-wide damages.

  • Successfully opposed direct-purchaser plaintiffs’ motion for class certification in the AndroGel® “reverse payment” litigation in which plaintiffs sought several billion dollars in alleged class damages from branded and generic pharmaceutical manufacturers. The court denied the motion for class certification in its entirety.

  • Successfully defeated alleged “reverse payment” and “product hopping” claims against a branded pharmaceutical company in the Asacol® antitrust litigation. On the eve of opening arguments, the First Circuit stayed the trial and granted a rare interlocutory appeal, ultimately vacating the federal district court’s certification of an indirect-purchaser class.

  • Successfully defended a global branded pharmaceutical company in the In re HIV Antitrust Litigation, including by (i) securing dismissal of all “product hopping” and joint-venture claims on summary judgment, (ii) obtaining dismissal of a direct-purchaser complaint on statute-of-limitations grounds, despite allegations of fraudulent concealment, and (iii) defeating a motion to certify a class consisting of direct purchasers of HIV treatment Complera®. A jury subsequently found for defendants on all remaining claims at trial.

  • Successfully represented a power and infrastructure manufacturing company in a government investigation concerning alleged bid-rigging practices.

  • Successfully defended two generic pharmaceutical manufacturers in the seminal FTC v. Actavis litigation concerning “reverse payment” claims. After the U.S. Supreme Court’s decision in FTC v. Actavis, Inc., 570 U.S. 136 (2013) and follow-on litigation by the FTC in federal district court, the FTC voluntarily dismissed its claims with prejudice for zero damages, no liability, and no injunctive relief beyond that agreed to previously by the client’s corporate parent in a prior unrelated matter.

  • Successfully represented a professional sports organization in various merger and non-merger investigations by the DOJ’s Antitrust Division, the Canadian Competition Bureau, and several state attorneys general.

  • Successfully represented an internet-advertising company concerning a consumer-protection investigation by the Federal Trade Commission’s Bureau of Consumer Protection.

  • Successfully counseled a global retailer on warranty risks and compliance under federal and state laws.

  • Successfully counseled a global automotive company on franchise-dealer laws and compliance.

  • Successfully counseled an international trade association concerning the FTC’s proposed rule on non-compete agreements.

  • Successfully represented an auto-parts manufacturer in obtaining merger clearance without any divestitures.

*Includes matters prior to joining Pierson Ferdinand

Publications

  • Client Alert: “Made in USA” Claims Back in FTC’s Crosshairs: What Companies Should Do Now, January 22, 2026

  • Navigating Antitrust Risks When Responding To Tariffs, Law360 Expert Analysis (July 1, 2025)

  • US: Pharmaceutical Antitrust, The Antitrust Review of the Americas 2026, Global Competition Review (published annually since 2015)

  • Interim Report Places Pharmacy Benefit Managers in the FTC’s Crosshairs, American Health Law Association (Aug. 30, 2024)

  • Federal Trade Commission Likely to Expand Labor Enforcement to Worker-Misclassification Issues, Client Alert (Feb. 21, 2024)

  • Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy, Client Alert (Jan. 31, 2024)

  • States Do-It-Themselves: Amid Spotty Federal Enforcement, State Legislatures Are Revamping Right-to-Repair Laws at an Unprecedented Pace, Client Alert (Dec. 18, 2023)

  • Four US Antitrust Conduct and Enforcement Trends for LatAm Companies to Watch, Client Alert (Mar. 24, 2023)

  • 5 Steps Cos. Can Take Amid Surge In ‘Right To Repair’ Actions, Client Alert (Feb. 16, 2023)

  • Four Takeaways From The FTC’s Unprecedented Crackdown On Noncompete Agreements, Client Alert (Jan. 6, 2023)

  • DOJ Criminal Antitrust Enforcement Outlook For Rest Of 2022, Law360 (Aug. 10, 2022)

  • Federal District Court Holds that California’s Anti Reverse Payment Law is Enforceable, But Only Against Settlements “Negotiated, Completed, or Entered” in California, Client Alert (Mar. 1, 2022)

  • New York’s Sweeping New Antitrust Bill—Requiring NY State Premerger Notification ($9.2M Filing Threshold) and Prohibiting “Abuse of Dominance”—Inches Closer to Becoming Law, Client Alert (June 11, 2021)

  • FTC Publishes Annual MMA Report—Continues to Scrutinize Pharma Patent Settlements, Client Alert (Dec. 7, 2020)

  • Lamictal Highlights Increased Class Action Scrutiny in Pharma Cases, Client Alert (May 19, 2020)

  • Hospital-Merger Litigation in 2014 Leads to Divestitures, Trying Antitrust, Trial Practice Committee, ABA Section of Antitrust Law (Winter 2015)

  • Predictive Coding: The Beginning of a New E-Discovery Era, 56 Res Gestae 8 (2012) (Featured Article), republished with updates at 30 Comp. & Internet Law J. 26 (2013)


Speaking Engagements

  • The Rise of Agentic AI: Legal Challenges and Future Implications, HNBA Annual Conference (Sept. 2025)

  • Antitrust Implications With Tariff-Related Price Adjustments: Managing Risks Under Increased Regulatory Scrutiny, Strafford Webinar (July 2025)

  • Monthly In-House Counsel Update, ABA Antitrust Law Section (Aug. 2024)

  • Drug Wars: Pharma Ecosystem Feels Agency Heat, ABA 2024 Antitrust Spring Meeting (April 10, 2024)

  • Insights From the Inside: Tips from In-House Counsel, HBA-DC (Apr. 2024)

  • Antitrust Hot Topics & Current Developments, HNBA Corporate Counsel Conference (Mar. 2024)

  • FTC’s Foray into Orange Book Listings: Challenges or Challenging?, Antitrust Law Section (Nov. 28, 2023)

  • The Federal Trade Commission’s Expanding Antitrust Enforcement Policies and Related Legal Challenges, The Federal Bar Association (Nov. 1, 2023)

  • Protecting Competitive Interests in a World Without Non-Competes, HNBA Corporate Counsel Conference (Mar. 2023)

  • Overview of FTC Enforcement Activity, American Health Law Ass’n (Aug. 2022)


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