Kenneth J. Rubin
Practice Areas
Industries
Education
- The Ohio State University Michael E. Moritz College of Law, J.D., summa cum laude, Order of the Coif, 2004
- Ohio State Law Journal, articles editor, 2003-2004
- Northeastern University, B.S., 2001
Bar & Court Admissions
Judicial Clerkships
- The Honorable R. Guy Cole, Jr., United States Court of Appeals for the Sixth Circuit, 2005-2006
- The Honorable James G. Carr, Chief Judge, United States District Court for the Northern District of Ohio, 2004-2005
Ken is a partner in the Vorys Columbus office, head of the antitrust subgroup and a member of the litigation practice group. His practice is focused on antitrust law and complex commercial litigation. Ken has significant experience counseling clients regarding price fixing, cartelization and international antitrust issues. He regularly advises manufacturers and retailers regarding vertical pricing and marketing issues involving Minimum Advertised Pricing policies, Resale Price Maintenance, and the Robinson-Patman Act. Ken also has experience representing both plaintiffs and defendants in antitrust litigation, and has litigated a variety of antitrust issues under the Sherman, Clayton, and Robinson-Patman Acts, including cases involving predatory pricing, price fixing, Walker Process, tying, group boycotts, monopsony, monopolization, corporate bribery, and issues involving the intersect of intellectual property and antitrust. He regularly represents clients regarding investigations by the Department of Justice, the Federal Trade Commission, and the Ohio Attorney General, and counsels clients on antitrust issues related to mergers and acquisitions, as well as antitrust compliance. Ken also has experience representing clients in intellectual property matters, including patent disputes, and has litigated a variety of cases under the Lanham Act and its state law corollaries. Ken has experience counseling clients regarding payments-related issues. Ken has experience representing both plaintiffs and defendants in class actions and in class action-related litigation.
Career highlights include:
- Represents 18 major U.S. retailers in a lawsuit filed in the Southern District of New York alleging violations of U.S. antitrust laws by Visa and Mastercard
- Represents 7 major U.S. retailers in a lawsuit filed in the Northern District of Illinois alleging violations of U.S. antitrust laws by Visa and Mastercard
- Serving as first chair at trial in federal district court regarding commercial litigation and competition issues
- Arguing before the United States Court of Appeals for the Sixth Circuit
- Representing a contact lens seller in defending a class action alleging antitrust claims related to keyword bidding
- Serving as class counsel in two consumer class actions resulting in multi-million dollar settlements
- Representing parties and amici in the United States Supreme Court
- Representing a hospital regarding Federal Trade Commission injunction action
- Representing a major food processor in defending a multi-district class action alleging price-fixing claims
- Representing a major technology firm in defending monopolization claims
- Representing several trade associations in litigation challenging the constitutionality of an Ohio statute
- Tried to jury verdict in our clients’ favor a multi-plaintiff commercial fraud case against national insurance company on behalf of several brokerage companies
- Successfully obtained and prevented multiple preliminary injunctions
Ken is a member of the American Bar Association (ABA). He previously served as a vice chair on the ABA’s Antitrust Law’s Book and Treatises Section. Ken also served as the assistant to the chair of the section.
Ken received his J.D. summa cum laude from The Ohio State University Michael E. Moritz College of Law where he was a member of the Order of the Coif. He served as an articles editor for the Ohio State Law Journal. Ken received his B.S. from Northeastern University.
Prior to joining Vorys, Ken clerked for The Honorable R. Guy Cole, Jr. in the United States Court of Appeals for the Sixth Circuit and for The Honorable James G. Carr, Chief Judge, in the United States District Court for the Northern District of Ohio.
Professional and Community Activities
- Ohio State Bar Association, Antitrust Section Council
- Jewish Community Center of Greater Columbus, Board of Trustees, 2011-present; Budget Committee, Member; Security Committee, Member
- JCC Board, Executive Committee, Member, 2016-present; Secretary, 2018-2019
- Jewish Community Center/Columbus Jewish Day School Joint Security Committee, Chair
Honors & Awards
- Ohio Super Lawyers Rising Stars, Antitrust Litigation, 2016
News
- 12/2/2015Vorys is pleased to announce that 63 attorneys from the firm have been named 2016 Ohio Super Lawyers and Rising Stars.
- 1/19/2015Vorys recently advised Worthington Industries, Inc. in connection with its acquisition of the business of Rome Strip Steel Company, Inc. for a purchase price of approximately $55.5 million.
- 9/5/2014Vorys, Sater, Seymour and Pease LLP recently advised R.G. Barry Corporation in its sale to MRGB Hold Co., an affiliate of Mill Road Capital.
- 1/1/2014Vorys is pleased to announce that Rajeev K. Adlakha, Patrick M. Hagan, Joseph W. Harper, Megan L. Hoelle, Laura A. Kulwicki, Kenneth J. Rubin, Adam C. Sherman and Kristin L. Woeste have been named partners of the firm.
- 9/1/2011
- 6/27/2011
- 8/11/2010
- 6/10/2010
Events
- 7/13/2021Vorys attorneys conducted a presentation at the NRF Retail Law Summit 2021 titled "Ecommerce: Legal Issues Tangled in the Web."
- 1/14/2020Vorys Attorneys Ken Rubin and Mallory Duncan gave a presentation titled, “Merchant Lawsuits Against Visa and Mastercard” on January 14, 2020.
- 8/23/2019Vorys Attorneys Kara Mundy and Ken Rubin presented a webinar at the Category Management Association (CMA) on August 23, 2019.
- 6/5/2019Vorys Attorneys Mallory Duncan and Ken Rubin spoke at the CBUS 2019 Retail Re-Thought Conference on June 5, 2019.
- 5/9/2018Pricing, Promotions and Your Antitrust Exposure: What you Need to Know About the Robinson-Patman ActOn May 9, 2018, Vorys Partner Ken Rubin and Associate Kara Mundy presented the webinar, Pricing, Promotions and Your Antitrust Exposure: What you Need to Know About the Robinson-Patman Act.
- 5/1/2014Vorys partners Ken Rubin and Sean Purcell presented at the Ohio State Bar Association Annual Convention on May 1, 2014 on the topic of Foreign Corrupt Practices Act compliance and investigations.
Insights
- 9/9/2021Ken Rubin, a partner in the Vorys Columbus office, and Kara Mundy, an associate in the Vorys Columbus office, co-authored LexisNexis Practical Guidance Practice Note on the Robinson-Patman Act (RPA).
- 3/11/2021On Wednesday, March 10th, the House passed the American Rescue Plan Act of 2021, the third major federal COVID-19 relief act following the CARES Act and the December 2020 Consolidated Appropriations Act. President Biden is expected to sign it into law Friday.
- 12/27/2020Late on December 27, the President signed a $900 billion relief package that will provide aid to individuals and businesses still struggling with the economic impact of the ongoing COVID-19 pandemic. Both the House and the Senate passed the proposal last week.
- 10/23/2019On October 21, 2019, a jury found that the maker of 5-Hour Energy – Living Essentials LLC – did not violate the Robinson-Patman Act when it offered Costco lower wholesale prices and instant rebates that it didn’t make available to other resellers.
- 10/11/2016Manufacturers—and retailers/resellers wanting to maintain profit margins—have often turned to Internet Minimum Advertised Price (IMAP) policies to combat overzealous advertising.
- 7/5/2016Countries that have started using EMV technology have seen a reduced amount of card-present fraudulent activity. In the U.S., the major credit card issuers set an October 1, 2015 deadline for merchants to be EMV chip compliant.