Sarah O’Laughlin Kulik is a practical and strategic trial lawyer focusing her practice on antitrust litigation and white collar defense and investigations. Ms. Kulik has deep and cutting-edge knowledge of e-discovery methods and tools, which she leverages to help her clients efficiently handle large-scale litigation and investigations. She is a member of the antitrust and competition group and the White Collar division within the firm’s Trial Practice Group, as well as a team member of the Life Sciences industry group.
Ms. Kulik has defended clients against antitrust claims brought by private litigants and government enforcers. In addition, she has helped clients navigate a wide variety of government investigations –including Anti-Kickback, securities, market manipulation, and research compliance issues. Ms. Kulik also regularly counsels clients on compliance best practices in order to avoid litigation and government enforcement.
Ms. Kulik graduated cum laude from Cornell Law School in 2014. In law school, Ms. Kulik served as articles editor for the Cornell Law Review. Ms. Kulik graduated magna cum laude from Bucknell University with a degree in Economics and Political Science in 2011.
After starting at the firm as a junior associate, 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 before returning to the firm. Ms. Kulik has been involved in the firm’s Recruitment and Retention Committee for several years.
Representative Matters
Defending fragrance manufacturer against price-fixing and market allocation claims.
Defending leading generic pharmaceutical supplier in multidistrict litigation involving price-fixing and other federal and state anticompetitive claims.
Defended prosthetic device supplier against antitrust claims brought by the FTC related to consummated transaction.
Represented physicians in a case involving claims arising from an alleged tying agreement.
Defended former pharmaceutical executive against FTC enforcement action for monopolization.
Representation of several non-parties in connection with subpoenas issued in various antitrust litigations.
Representation of large public research university on cyber-security and research compliance issues in connection with cyber-attack of academic research systems.
Investigation and representation of a research university in connection with multi-agency government investigation into research accounting and compliance matters.
Representation of former employees and executives in oil industry with respect to criminal Clean Air Act investigation.
Representation and investigation of corporation in healthcare industry regarding Anti-Kickback concerns.
Representation of energy company in connection with FERC investigation
Antitrust Experience
White Collar Representation
Admissions
- Pennsylvania
- New Jersey
Education
- Cornell Law School, J.D., cum laude, 2014
- Articles Editor, Cornell Law Review - Bucknell University, B.A., magna cum laude, 2011
Experience
- Duane Morris LLP
- Partner, 2024-present
- Associate, 2014-2016; 2017-2023 - U.S. District Court for the Eastern District of Pennsylvania
- Law Clerk to the Hon. Michael M. Baylson, 2016-2017
Professional Activities
- 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," 2021-2025
No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.
Selected Publications
- Contributor, Duane Morris Antitrust Law Blog
- Co-author, "Illinois Federal Court Clears Hurdles for Aftermarket Right-to-Repair Class Action," American Bar Association Antitrust Law Section, July 29, 2024
- Co-author, "Third Circuit Holds That Government Breached Spirit of Plea Agreement by Pushing for Longer Sentence," Duane Morris Alert, July 1, 2024
- Co-author, "U.S. Supreme Court Rules That SEC Cannot Use Its 'In-House Courts' to Obtain Civil Penalties," Duane Morris Alert, June 28, 2024
- Author, "Litigation Implications of Using AI Tools in Your Business," The Legal Intelligencer, June 10, 2024
- Co-author, "FTC Supports Marching In on Patent Rights as a Mechanism to Control Drug Prices," Duane Morris Alert, February 15, 2024
- Co-author, "Will FTC Consider Misclassification of Workers an Unfair Method of Competition?" Duane Morris Alert, February 8, 2024
- Co-author, "Federal Trade Commission and Department of Justice Update Communication Preservation Obligations to Include Collaboration and Ephemeral Messaging Apps," Duane Morris Alert, January 31, 2024
- Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 23, 2024
- Co-author, "Federal Trade Commission and Justice Department Issue Highly Anticipated Merger Guidelines," Duane Morris Alert, December 20, 2023
- Co-author, "DOJ Reinforces Antitrust Division's Focus on Healthcare Industry," Duane Morris Alert, October 27, 2023
- Co-author, "Federal Trade Commission Votes to Reverse Stance on Pharmacy Benefit Managers," Duane Morris Alert,July 24, 2023
- Co-author, "FTC and DOJ Propose Major Changes Requiring Significantly More Information in Merger Filings," Duane Morris Alert, June 29, 2023
- Co-author, "The U.S. Supreme Court Holds That Litigants Can Bring Constitutional Challenges to Agency Enforcement in Federal District Court," Duane Morris Alert, April 17, 2023
- Co-author, "FTC Announces Increased Reporting Thresholds and Implements Revised Fee Structure for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 24, 2023
- Co-author, "Proposed Consent Orders Invalidating Noncompete Agreements Reflect FTC's Broad View of FTC Act Section 5," Duane Morris Alert, January 6, 2023
- Co-author, "College Baseball Coaches Bring Antitrust Class Action Challenging NCAA Labor Restrictions," Duane Morris Alert, December 8, 2022
- Co-author, "DOJ Brings First Criminal Charges Under Section 2 of the Sherman Act in Nearly 50 Years," Duane Morris Alert, November 14, 2022
- Co-author, "Board Directors Beware: U.S. Antitrust Agencies Ramp Up Enforcement of Interlocking Directorates," Duane Morris Alert, November 9, 2022
- Co-author, "Anticipating Expansion Of FTC's Section 5 Antitrust Authority," Law360, September 21, 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
- Speaker, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi), Webinar, March 28, 2024
- Speaker, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi), Webinar, January 26, 2023
- 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