Nicomedes Sy Herrera

PARTNER
Admitted to Practice in California and New York

Practice Areas

  • False Claims Act and Whistleblower Litigation
  • Antitrust Litigation
  • Business and Complex Commercial Litigation
  • Class Action Litigation
  • Financial Services and Banking Litigation
  • Intellectual Property and Trade Secrets
  • Real Estate Litigation
  • Securities Litigation and Regulatory Enforcement

Education

Mr. Herrera was graduated with honors from Columbia Law School in 1997, where he was a Harlan Fiske Stone Scholar. He earned his Bachelor’s Degree cum laude from Columbia College in 1994.

Nicomedes Sy Herrera is a strategic litigator with over 22 years of experience litigating a broad range of complex, high—impact business and trade disputes, with a particular focus on qui tam and antitrust actions. Mr. Herrera investigated and commenced a series of billion dollar qui tam lawsuits against some of the largest pharmaceutical manufacturers based on the drug companies’ assertion of fraudulently-procured patents to exclude generic competition. The groundbreaking suits allege that in procuring and asserting fraudulent patents, the drug companies unlawfully inflated the price of drugs sold to, or reimbursed by, federal and state agencies.

Representative Matters
  • Senior supervising attorney leading antitrust class action for over $1.5 billion against 22 corporate defendant families for price-fixing passive electronic components.
  • Lead counsel for several multi-billion dollar qui tam actions against a dozen pharmaceutical manufacturers based on complex fraudulent schemes.
  • Led team of litigators pursuing unlawful monopolization claims against a large pharmaceutical company based on Walker Process fraud, sham litigation, and abuse of the Hatch-Waxman regulatory framework to inflate the price of an expensive, brand-name drug.
  • Represented Native American tribe pursuing civil RICO claims against former tribal officials and abettor defendants for their embezzlement of over $60 million in tribal funds.
  • Represented a class of consumers against printer manufacturer for unlawful monopolization of replacement ink cartridges.
Noteworthy contributions

Contributing Author, Antitrust Law Developments (American Bar Association: 2019)

Author, “Optimizing Charitable Donations of Life Insurance Policies: Methods and Tax Consequences,” New York University Review of Employee Benefits (NYU: 2016)

Mr. Herrera is a founder and serves as General Counsel of the Insuring a Better World Fund, a 501(c)(3) public charity that plans to distribute over $1 billion to supported charities over the next 30 years. He also co-founded and volunteers for the Pope Francis Legal Help Center at the Diocese of Oakland.

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