'Tsunami of litigation'? SCOTUS considers upending legal shield for administrative state
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Partner
william.lavery@bakerbotts.comP: | +1.202.639.7713 |
F: | +1.202.585.1025 |
Will Lavery is a Partner in the Antitrust and Competition Practice of Baker Botts' Washington, D.C. office, and is the co-head of Baker Botts’ Life Sciences Antitrust Group. Mr. Lavery focuses his practice on antitrust litigation and government investigations, regularly representing leading companies before the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission and in federal courts. A significant part of his practice focuses on the pharmaceutical and healthcare markets, including issues concerning pharmaceutical patent settlements, and a wide range of anticompetitive conduct.
For nearly 20 years some of the world's largest companies have relied on Mr. Lavery's extensive experience in major "bet the company" private and government antitrust litigations, criminal and civil antitrust investigations, and mergers. He has tried a number of cases to verdict, including both bench and jury trials, in federal courts throughout the country, and has served as lead counsel for clients in industries including pharmaceutical, healthcare, technology, chemical, energy, and transportation in cases alleging a broad range of antitrust violations. Many of these litigations have involved nationwide class action claims for both direct and indirect purchaser plaintiffs---seeking billions of dollars in damages---as well as suits brought by federal and state governments. His clients over the years have included Merck & Co, Inc., Novartis AG, Sandoz Inc., Zydus Pharmaceuticals (USA) Inc., Koninklijke Philips N.V., Lite-On, Toyota Motor North America, Eaton Corp., ExxonMobil, Century Aluminum Company, McWane, Inc., Olin Corp., Patterson Companies, Arch Resources, and Halliburton.
Mr. Lavery has been involved in some of the most high-profile antitrust matters in recent history, including obtaining a dismissal in a case involving Humira, the world's best-selling drug, where class plaintiffs asserted claims involving alleged reverse-payment settlement agreements and a novel "patent thicket" theory (In re Humira (Adalimumab) Antitrust Litig., 465 F. Supp. 3d 811 (N.D. Ill. 2020)). Mr. Lavery was also a member of the trial team that resulted in dismissals of six of the seven price-fixing and monopolization charges for McWane, Inc. in an eight-week bench trial against the FTC. The dismissals marked the first time in almost 20 years that the Commission ruled against itself following an in-house trial in front of the ALJ. The case earned the trial team the award for "Behavioral Matter of the Year - Americas" by Global Competition Review in 2015 (In the Matter of Mcwane, Inc. & Star Pipe Prod., Ltd., 155 F.T.C. 903 (2013)).
Mr. Lavery has been recognized as a leading antitrust practitioner by The Legal 500 (2017-2021) and Super Lawyers (2014-2021), as well as being named a "Rising Star" by Law360 (2016) as one of the top competition lawyers under 40 in the country and a "Next Generation" partner by The Legal 500. He is also the Hiring Partner for Baker Botts' Washington, D.C. office, and is committed to the mentoring and development of junior lawyers.
Recognized as a "Next Generation Partner" by The Legal 500 U.S., 2019, 2020, 2021 & 2022
Recommended in The Legal 500 U.S., 2017-2021
Recognized by Law360 as a "Rising Star" for Competition Law, 2016
Recognized as a Washington D.C. Super Lawyer-Rising Star for Antitrust Litigation, 2014-2021
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National Law Journal, The
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Financial Times - FT.com
CNET
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Global Competition Review
Global Competition Review
Antitrust Update
Antitrust Update
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Antitrust Update
Law360
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The AIPLA Antitrust News, AIPLA Committee on Antitrust Law
American Health Lawyers Association PG Briefing
ABA’s Antitrust Health Care Chronicle
Global Competition Review will host its international conference titled “GCR Live 7th Annual Antitrust Law Leaders Forum” from Friday, February 2nd to Saturday, February 3rd in Miami, Florida.