Jason Leckerman

Jason Leckerman

Ballard Spahr LLP

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FTC and DOJ Shine the Spotlight on Conditional Pricing Practices

Signaling increased interest in conditional pricing, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) recently held a one-day workshop to examine the economic, legal, and policy...more

6/26/2014 - Antitrust Provisions Bundled Payments Conditional Pricing Customer-Loyalty Programs DOJ FTC Public Comment

Court Endorses FTC Authority To Require Special Reporting for Pharmaceutical Licenses

A federal court has endorsed the Federal Trade Commission’s authority to adopt regulations under the Hart-Scott-Rodino (HSR) Act that target specific industries. In Pharmaceutical Research and Manufacturers of America v....more

6/5/2014 - FTC Hart-Scott-Rodino Act License Agreements Pharmaceutical Pharmaceutical Manufacturers Pharmaceutical Patents PHRMA Popular Reporting Requirements

Proposed Changes to Civil Rules Could Limit Scope of eDiscovery

The Advisory Committee on Civil Rules recently approved amendments to the Federal Rules of Civil Procedure addressing, among other things, eDiscovery. Although some of the Advisory Committee’s proposed revisions lessen the...more

5/2/2014 - Corporate Counsel Federal Rules of Civil Procedure Proposed Amendments Rule 1 Rule 26 Rule 37

HSR Act Allows Pharmaceutical Licensing Transactions To Be Subject to Unique Reporting Requirements, FTC Tells Court

The Federal Trade Commission (FTC) has asked a federal court to find that the agency has authority under the Hart-Scott-Rodino Act (HSR Act) to promulgate reporting requirements that apply solely to transfers of patent rights...more

3/14/2014 - Biotechnology Chevron Deference Drug Manufacturers FTC Hart-Scott-Rodino Act Licenses Patents Pharmaceutical Transfers

‘The Past Is Never Dead’: FTC Requires Divestiture of Acquisition Five Years After Deal Closed

The Federal Trade Commission has approved the divestiture of a five-year old acquisition, signifying that neither complete consummation of a transaction nor the passage of time will dissuade the FTC from challenging mergers...more

12/26/2013 - Acquisitions Anticompetitive Agreements Divestiture FTC Hart-Scott-Rodino Act Premerger Notifications

Pennsylvania Continues Trend of Stricter Review of Experts in Product Liability and Toxic Tort Cases

For years, plaintiffs in product liability and toxic tort cases have viewed Pennsylvania's state court system as a favorable forum. Over the past year and a half, however, the Pennsylvania appellate courts have issued...more

12/16/2013 - Cancer Chemicals Evidence Expert Testimony Expert Witness

FTC Issues Premerger Notification Review Changes for Pharmaceutical Patent License Transfers

The Federal Trade Commission (FTC) issued final changes to the premerger notification rules to expand the circumstances that require pharmaceutical industry companies to report proposed acquisitions of exclusive patent rights...more

11/8/2013 - DOJ Exclusive Use FTC Hart-Scott-Rodino Act Patents Pharmaceutical Premerger Notifications Reporting Requirements

Supreme Court Chooses Middle Ground in Assessing Reverse Payment Settlements

The U.S. Supreme Court issued its much-anticipated opinion today in FTC v. Actavis, Inc., ruling that so-called “reverse payment” patent settlements between innovator and generic pharmaceutical manufacturers that are...more

6/18/2013 - Anti-Competitive FTC FTC v Actavis Generic Hatch-Waxman Patents Pharmaceutical Reverse Payment Settlement Agreements SCOTUS

Supreme Court Requires Proof at Certification Stage that Damages Can Be Measured on Class-Wide Basis

In a 5-4 decision, the Supreme Court decided earlier this week that putative class plaintiffs could not bring a class action antitrust lawsuit unless they could show that their damages could be measured on a class-wide basis....more

4/1/2013 - Class Action Class Certification Comcast Comcast v. Behrend Damages Dukes v Wal-Mart Expert Testimony SCOTUS

Supreme Court Hands FTC Victory on State Action Immunity

In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more

2/22/2013 - FTC FTC v. Phoebe Putney Health System Hospital Mergers Hospitals Immunity Mergers SCOTUS State Action Doctrine

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