Representative litigation engagements include:
- In re: Lamictal Direct Purchaser Antitrust Litigation (D. N.J.). Represents a pharmaceutical manufacturer in a series of direct purchaser putative class actions challenging a patent litigation settlement.
- A.F. of L. - A.G.C. Building Trades Welfare Plan v. Teva Pharmaceuticals USA, Inc., (E.D. Pa.). Defense of Teva Pharmaceuticals USA, Inc. in a putative class action pending in federal court alleging violations of federal and state antitrust statutes and consumer protection laws relating to an alleged conspiracy among manufacturers to fix prices for the drug pravastatin sodium.
- Plumbers’ Local Union No. 690 Health Plan v. Actavis, et al and Delaware Valley Heath Care Coal. v. Actavis Group, et al. (E.D.Pa.). Defending West-Ward Pharmaceuticals in putative national class action pending in federal court and single-plaintiff suit, brought by a coalition on behalf of members, pending in state court alleging consumer deception associated with average wholesale prices.
- Lumber Liquidators Derivative Litigation. Represents special committee of board of directors in derivative suits by shareholders challenging director and officer decisions and corporate oversight.
- Ahrenberg et al. v. Liotard-Vogt, et al. (N.Y. Sup. Ct.). Represents several corporations and board members in action challenging corporate merger.
- In re: Processed Egg Products Antitrust Litigation (MDL No. 2002). Represents two Capper-Volstead egg producer cooperatives and a trade association in a series of antitrust putative class actions alleging an industry-wide supply restriction scheme to fix the prices of eggs and egg products sold in the United States during an eight-year period.
- In re: Wellbutrin XL Antitrust Litigation (E.D. Pa.). Secured summary judgment defense victory in antitrust case challenging patent litigation settlement.
- GlaxoSmithKline LLC v. Teva Pharmaceuticals (E.D. Pa.). Secured favorable settlement for brand manufacturer alleging that generic product was falsely advertised as bioequivalent.
- United States v. Hsiung (N.D. Cal.). Represented senior executive in criminal price-fixing antitrust suit.
- In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation (C.D. Cal.). Defended health insurance company in class action related to rates for services rendered to beneficiaries by out-of-network providers.
- American Hospital Association, et al. v. Sebelius (D.D.C.). Represented association of hospitals in its Administrative Procedure Act challenge to Medicare policy preventing full payment for reasonable and necessary services provided to Medicare beneficiaries.
- Millennium Laboratories v. Ameritox (S.D. Fla.). Represented health care laboratory in pursuit against competitors for false advertising.
- Mary Ormond v. Anthem (S.D. Ind.). Defended a health insurance company in a suit challenging the process by which the company became a publicly traded company.
- Confidential Congressional Investigation. Defended health services provider in Congressional investigation regarding the use of federal funds.
- King v. Burwell (S.Ct.). Represented amicus in U.S. Supreme Court case regarding the constitutionality of the Patient Protection and Affordable Care Act.
Representative counseling matters include:
- regularly advises pharmaceutical and medical device manufacturers on antitrust/competition issues related to regulatory filings, licensing arrangements, distribution arrangements, and patent litigation settlements.
- counsels clients on antitrust/competition issues arising out of all aspects of health care delivery, including competitor collaborations, such as joint ventures, co-promotion, supply and licensing agreements; all aspects of sales and marketing; pricing and payment; refusals to deal; and vertical integration
- advises on due diligence issues relating to compliance with antitrust and fraud and abuse laws.