Melissa H. O’Donnell
Melissa O'Donnell is an associate with Pepper Hamilton LLP and a member of the Commercial Litigation and Antitrust practice groups. Ms. O'Donnell’s practice includes a range of commercial litigation, including health care, antitrust and media law.
Representative engagements in which Ms. O'Donnell has been involved include:
Ms. O'Donnell’s publications and presentations include:
- In re: Lamictal Direct and Indirect Purchaser Antitrust Litigation (D.N.J.) – represents a pharmaceutical manufacturer in a series of putative class actions challenging a patent litigation settlement
- Wallach v. Eaton Corp. – represents a major truck manufacturer in putative class actions regarding alleged price fixing in the U.S. heavy duty transmission market
- Symphony Health Solutions Corp. v. IMS Health Corp. – represents pharmaceutical data and analytics company in a suit alleging unlawful abuse of monopoly power in violation of Section 2 of the Sherman Act
- Capital Behavioral Health, LLC v. Specialty Hospitals of America, LLC (D.C. Sup. Ct.) – represents specialty hospitals and their principals in a series of related litigations concerning the purchase and operation of a major hospital serving the D.C. Medicaid population. Claims include breach of contract, fraud, fraudulent transfer, corporate veil piercing, unjust enrichment, tortious interference, defamation and other common law and statutory claims seeking legal and equitable relief
- Old Ladder Litigation Co., LLC v. Investcorp Bank B.S.C. (D.N.Y.) – represents corporate officers against claims including breach of fiduciary duty, fraudulent transfer, and unjust enrichment
- representation of an excess insurance company facing liability for damages awarded in a medical malpractice case
- representation of businesses and individuals facing investigation and prosecution by federal law enforcement agencies
- defense of journalists and media companies, including the Philadelphia Daily News and Philadelphia Inquirer, against defamation and invasion of privacy claims.
In 2011, Ms. O'Donnell received her J.D., magna cum laude, from the University of Pennsylvania Law School, where she was a senior editor of the University of Pennsylvania Law Review and a recipient of the Philadelphia Trial Lawyers Association James J. Manderino Award, the Outstanding Clinical Student Award, and the Distinguished Pro Bono Service Award. Ms. O'Donnell also received a master’s degree in bioethics from the University of Pennsylvania School of Medicine in 2011. She received her B.A. in English and comparative literature in 2006 from Penn State University.
- “State Action Doctrine at the Supreme Court: Take Two” (co-author), Pepper Hamilton LLP Client Alert (March 19, 2014)
- "Federal Court Finds Actavis Applies Only to Settlements Involving Monetary Payments" (co-author), Pepper Hamilton LLP Client Alert (February 3, 2014)
- “A Turducken Task: How Actavis Invites Relitigation of Patent Merits in Reverse Payment Cases” (co-author), Westlaw Journal Pharmaceuticals (December 4, 2013)
- “In the Wake of Phoebe Putney, New York Passes Law Giving Antitrust Immunity to State Health Care System” (co-author), Pepper Hamilton LLP Client Alert (October 31, 2013)
- "Supreme Court Limits State Action Immunity in FTC v. Phoebe Putney Health System, Inc.," Pepper Hamilton LLP Client Alert (February 22, 2013)
- “State Exchanges Under the Affordable Care Act,” Temple University School of Law, Philadelphia, PA (March 12, 2012)
- “Third Circuit Rejects a ‘Merits Litmus Test’ at the Class Certification Stage” (co-author), Pepper Hamilton LLP (January 2012)
- “FTC and DOJ Issue Final Accountable Care Organization Antitrust Policy Statement” (co-author), Pepper Hamilton LLP Client Alert (October 2011)
Ms. O'Donnell is admitted to practice in Pennsylvania and New Jersey, and before the U.S. District Court for the Eastern District of Pennsylvania.
B.A. 2006 Pennsylvania State University
M.S. 2011 University of Pennsylvania School of Medicine
J.D. 2011, magna cum laude, University of Pennsylvania Law School; senior editor, University of Pennsylvania Law Review
Admitted to practice in Pennsylvania and New Jersey