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M&A Strategic Planning
  • McDermott Will & Emery
  • USA
  • March 16 2017

The health system's M&A planning should closely consider the implications of the government's latest litigation victory in its challenge to a


Supreme Court Nominee Neil Gorsuch Has Significant Antitrust Experience
  • McDermott Will & Emery
  • USA
  • February 24 2017

On January 31, 2017, President Trump nominated Neil Gorsuch to fill the vacant seat at the Supreme Court of the United States left by the late


Merger control: gun jumping goes global
  • McDermott Will & Emery
  • European Union, USA
  • June 28 2010

Broadly defined, "gun jumping" refers to unlawful premerger coordination between the parties to an M&A transaction


Tenth Circuit Sides with Defendants in $200 Million Sutures Bundling Case
  • McDermott Will & Emery
  • USA
  • March 16 2017

In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision


Losing Bidder for Pharmaceutical Triggers FTC Investigation, Fix, and $100 Million Fine in Non-HSR-Reportable Transaction
  • McDermott Will & Emery
  • USA
  • March 13 2017

A private lawsuit filed by Retrophin Inc. (Retrophin), under then-CEO Martin Shkreli, likely triggered an investigation by the FTC into a consummated


Nexium Case Extends Actavis Ruling
  • McDermott Will & Emery
  • USA
  • January 3 2017

Addressing a pay-for-delay and pharmaceutical-settlement antitrust jury trial for the first time since the 2012 Supreme Court of the United States


The top five (avoidable) antitrust traps in M&A transactions
  • McDermott Will & Emery
  • USA
  • February 28 2011

In M&A transactions, the parties are often focused on negotiating the transfer of assets or equity, and may treat antitrust as a mere procedural milestone


A no-AG settlement agreement is subject to Actavis’ rule of reason analysis
  • McDermott Will & Emery
  • USA
  • October 30 2015

Plaintiffs, direct purchasers of the brand-name drug Lamictal (lamotrigine), sued Lamictal’s producer, SmithKline Beecham Corporation (SmithKline


Occupational LicensingDo We Need to Protect “the Public from Rogue Interior Designers Carpet-Bombing Living Rooms with Ugly Throw Pillows?”
  • McDermott Will & Emery
  • USA
  • March 9 2017

The Federal Trade Commission (FTC) has looked at licensing boards many times in the past and advocated for regulations with less restriction that


Res judicata does not bar claims arising after prior litigation, even one based on similar conduct
  • McDermott Will & Emery
  • USA
  • August 8 2014

Addressing whether a prior litigation between the parties resolving claims of unfair competition bars subsequent suit over similar conduct occurring