Kelley Drye

Attorneys & Professionals 

Antonia F. Giuliana

Partner Email vCard
New York
Phone: (212) 808-7941
Fax: (212) 808-7897

Antonia Giuliana is a partner in the firm’s New York office.  She focuses her practice on all aspects of complex commercial litigation and arbitration, including international arbitration.  She has handled a variety of litigation matters, and has represented pharmaceutical companies in international arbitrations involving complicated licensing and contractual disputes and in state and federal litigation concerning alleged health care fraud.  She has defended numerous complex False Claims Act litigation matters in state and federal courts.  Ms. Giuliana has significant expertise in advising pharmaceutical manufacturers on how to avoid or minimize civil and criminal liability under the federal and state False Claims Acts and the federal Food Drug & Cosmetic Act for alleged cGMP violations, off-label marketing, kickbacks, price reporting, and other sales, marketing, and manufacturing activities.  Ms. Giuliana speaks on False Claims Act topics, has published several articles and treatise excerpts on the federal and state False Claims Act, and has been quoted by the media on False Claims Act cases that are of nationwide interest.  Ms. Giuliana is a co-author of the chapter The False Claims Act in the treatise Business and Commercial Litigation in Federal Courts (3d ed. 2011) and the chapter Health Care Institution Litigation in the treatise Commercial Litigation in New York State Courts (3d ed. 2010) and is an editor and frequent commentator for the blog FCA Alert which reports on emerging trends in federal and state false claims act litigation and investigations.

Representative Experience

National counsel to several generic pharmaceutical manufacturers in numerous actions involving alleged Medicare and Medicaid fraud, including cases filed by the Attorneys General of 28 states, the U.S. Department of Justice, and several private class actions in which similar claims are alleged.

Counsel to Indian technology company in federal class action lawsuit alleging breach of contract and labor law violations.

Prevailed in a hotly contested arbitration proceeding in London between Swiss and Indian companies before a former Justice of the Supreme Court of India.  Achieved an arbitration award in the client’s favor which included a full award of costs.

Represented an Indian multinational company in an international arbitration.  Achieved favorable settlement.

Represented a European multinational pharmaceutical company in a complex licensing dispute.  Achieved favorable settlement.

Represented an international hotel group in a contract dispute.  Achieved favorable settlement.

Part of a trial team that represented a toy company in a jury trial in Connecticut involving alleged misappropriation of trade secrets.  Case favorably settled during jury deliberations after the full trial concluded.

Represented a foreign bank in a class action lawsuit in connection with the worldwide redemption of a $200 million bond offering.

Represented a British manufacturer and its current U.S. distributor of certain beauty products in a theft of trade secrets case brought by the British manufacturer’s former distributor to enjoin the sale of certain products and to enforce a covenant not to compete.  After three day preliminary injunction hearing, the Court denied plaintiff’s request that the defendant be enjoined from conducting business.  The case subsequently settled with no monetary payments to plaintiff and permitting defendants to conduct business in the United States.

Represented the owner of a patent for a beauty product in a patent infringement case in the Southern District of New York.  Case settled during discovery.

Defended a national security company in several actions brought by subscribers and insurance companies alleging breach of duties under alarm services contracts in response to burglar and fire alarms.

Conducted internal investigations for multinational companies.

Memberships & Associations

American Bar Association, Health Law and International Sections
New York Women’s Bar Association

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Publications
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September 2013

Health Care Institution Litigation

Commercial Litigation in New York State Courts (3rd Ed.with 2013 Supplement)