Sarah O’Laughlin Kulik is a member of the Trial Practice Group, focusing her practice on antitrust litigation, complex commercial disputes, and government investigations. From August 2016 to August 2017, Ms. Kulik spent one year serving as law clerk to the Hon. Michael M. Baylson of the U.S. District Court for the Eastern District of Pennsylvania.
Ms. Kulik is a 2014 cum laude graduate of Cornell Law School, where she was articles editor of the Cornell Law Review. In 2011, Ms. Kulik graduated magna cum laude from Bucknell University with a degree in Economics and Political Science.
- Defending consummated merger of prosthetics manufacturers against alleged violations of the Clayton Act and the Federal Trade Commission Act in Federal Trade Commission Part 3 administrative proceeding.
- Investigation and representation of a research university in connection with multi-agency government investigation into research accounting and compliance matters.
- Representing generic drug manufacturer against price-fixing allegations in federal multi-district antitrust litigation.
- Obtained on behalf of a production company a decision from the Supreme Court of Pennsylvania holding that the client could present a legal question of statutory interpretation in a declaratory judgment action without first having to litigate the underlying dispute through the administrative process. The Supreme Court reversed an order from the Commonwealth Court of Pennsylvania and remanded the case for consideration of the merits.
- Represented Morton Grove Pharmaceuticals Inc. and Wockhardt USA LLC in a request to the U.S. Supreme Court to review a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law.
- Obtained dismissal on behalf of international franchisor before the U.S. District Court for the Eastern District of Virginia of claims alleging violation of the Virginia Retail Franchising Act and breach of the implied covenant of good faith and fair dealing.
- Obtained dismissal on behalf of an Ontario, Canada-based provider of case management software for health and social services agencies on forum non conveniens grounds in a lawsuit that was pending in the U.S. District Court for the Southern District of New York.
- New Jersey
- Cornell Law School, J.D., cum laude, 2014
- Articles Editor, Cornell Law Review
- Bucknell University, B.A., magna cum laude, 2011
- Duane Morris LLP
- Associate, 2014-2016; 2017-present
- U.S. District Court for the Eastern District of Pennsylvania
- Law Clerk to the Hon. Michael M. Baylson, 2016-2017
- Young Lawyer Representative for the ABA Section of Antitrust Law Civil Practice and Procedure, 2020-2022
- Vice Chair, ABA Young Lawyers Division, Antitrust Committee, 2021-2022
Young Lawyer Representative for the ABA Section of Antitrust Law IP Committee, 2019-2020
Honors and Awards
- Named to Best Lawyers "Ones to Watch," 2021 and 2022
- Co-author, "Preparing for a New Era of Consumer Privacy in Antitrust Enforcement," ABA Section of Litigation, December 17, 2021
- Co-author, "Nomination of DOJ Antitrust Head Signals New Era in Antitrust Enforcement," Westlaw Today, August 17, 2021
- Co-author, "1-800 Contacts Ruling Illustrates IP Hurdle For Antitrust Cases," Law360, July 8, 2021
- Co-author, "New Year, New Thresholds for Premerger Notifications Under Hart-Scott-Rodino Act," Duane Morris Alert, February 5, 2021
- Co-author, "Ninth Circuit Rejects Challenge to Pay-for-Delay Law on Standing Grounds," Duane Morris Alert, July 30, 2020
- Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 29, 2020
Co-author, "Third Circuit Curtails FTC's Authority to Seek Injunctions and Restitution in Federal Court," Duane Morris Alert, March 1, 2019
Co-author, "FTC Announces Increased Reporting Thresholds and Increased Civil Penalties for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, March 1, 2019
Selected Speaking Engagements
- Moderator, "Anatomy of Antitrust Litigation: E-discovery Top 5," American Bar Association Civil Practice and Procedure Committee, Webinar, February 25, 2022
- Moderator, "Nuts and Bolts Discovery Series Part 3: Depositions" American Bar Association, Antitrust Law Section Civil Practice and Procedure Committee, June 29, 2021
- Moderator, "Nuts and Bolts Discovery Series Part 1: Discovery Negotiations'" American Bar Association, Antitrust Law Section Civil Practice and Procedure Committee, June 1, 2021
- Presenter, "Mitigating Civil and Criminal Antitrust Risks During a Pandemic and the 'New Normal,'" Duane Morris COVID-19: Navigating Forward Webinar Series, February 25, 2021