Paul T. Olszowka

Paul Olszowka is a partner in the Litigation Department of Wildman Harrold. He has substantial experience with complex commercial litigation, as well as state and federal governmental investigations. Paul has particular interests in trade regulation and distribution, the health care and pharmaceutical industries, and class action matters. Before coming to Chicago to join Wildman Harrold, Paul was a litigator with White & Case LLP in New York City. There he focused on antitrust matters, representing defendants and plaintiffs, and handling multi-district cases for international and national clients. A skilled litigator, Paul has had significant responsibility in high profile, nationally watched cases involving claims for billions of dollars in damages.

Paul has also advised his clients about distribution, marketing, pricing practices, and other significant antitrust and intellectual property issues. Before entering private practice, Paul developed his litigation skills in judicial clerkships with the Hon. Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin and the Hon. Richard S. Brown of the Wisconsin Court of Appeals.

Representative Experience:

Represented Sandoz Inc. in various civil actions brought by state attorneys general and other governmental entities involving Medicaid fraud, common law fraud, RICO, consumer protection, and qui tam claims. The plaintiffs contended that the defendant drug manufacturers reported inaccurate pricing benchmarks and that these prices caused state Medicaid agencies and Medicare beneficiaries to overpay for prescription drugs. Many of these actions were consolidated in a multi-district proceeding known as In re Pharmaceutical Average Wholesale Price Litigation (D. Mass).
Represents Sandoz Inc. in multi-district proceedings known as In re Terazosin Hydrochloride Antitrust Litigation (S.D. Fla.) and related actions filed in various state courts; these consolidated actions were among the first of dozens of antitrust challenges to patent settlement agreements between brand name and generic pharmaceutical companies
As co-trial counsel for Geneva Pharmaceuticals, Inc., now Sandoz Inc., defended the client against allegations by Kaiser Foundation that its patent settlement agreement with Abbott Laboratories delayed the entry of Geneva’s generic product; following a two-week trial, the jury returned a verdict in favor of defendants finding that the agreement did not delay generic competition, Kaiser Foundation Health Plan v. Abbott Laboratories, C.D. Cal.
Represented The Travelers Indemnity Company, which provided property insurance on the World Trade Center complex, against claims by the insured that, for insurance purposes, the attack and destruction of the complex on September 11, 2001 constituted two occurrences, SR International Business Insurance Co. Ltd. v. World Trade Center Properties LLC, S.D.N.Y and 2d Cir.
Represented a major Slovenian generic pharmaceutical manufacturer in pursuit of monopolization claims against a brand name manufacturer based on alleged fraud on the U.S. Patent and Trademark Office
Represented a biological pharmaceutical manufacturer in pursuit of antitrust claims against the owner of a fundamental patent to the industry, alleging that the patent holder had conspired to extend the life of the patent

Reported Decisions:

In re Terazosin Hydrochloride Antitrust Litig., 352 F. Supp. 2d 1279 (S.D. Fla. 2005)
In re Terazosin Hydrochloride Antitrust Litig., 335 F. Supp. 2d 1336 (S.D. Fla. 2004)
World Trade Center Prop., L.L.C. v. Hartford Fire Ins. Co., 345 F.3d 154 (2d Cir. 2003)

Publications And Presentations:

Co-author, “Attorney-Client Privilege in Corporate Internal Investigations,” The Corporate Counselor, June 2008.
Co-author, “How Wide Did the Supreme Court Open the Door to Minimum Resale Pricing?” Andrews Antitrust Litigation Reporter, Vol. 15, Issue 6, September 2007.

Bar Admissions:

Illinois, 2007

New York, 2000

Wisconsin, 1996

Personal Information:

Although Paul chose law after starting a career in the hotel industry, he still likes being in the kitchen and using the skills he acquired as an undergraduate at Cornell. Paul also enjoys running and competing in road races.

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