Howard Morse – Cooley LLP

Antitrust Risks in Settling Hatch-Waxman Patent Litigation: Learning Since Actavis

Antitrust Risks in Settling Hatch-Waxman Patent Litigation: Learning Since Actavis By Megan Browdie and Howard Morse [published in the FDLI Update Magazine, March-April 2016] The U.S. Supreme Court waded into the murky…more
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FTC Challenges "No AG" Agreement as Illegal Reverse Payment

On March 30 the US Federal Trade Commission filed suit in federal court alleging that settlements of patent litigation in the pharmaceutical industry in which a pioneer firm agrees not to market an "authorized generic" violate…more
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Enforcement Against Lord & Taylor Proves FTC Serious About Native Advertising Guidelines

Less than three months after the Federal Trade Commission issued new guidelines on native advertising, the agency announced an enforcement action against national retailer Lord & Taylor. The FTC alleged on March 16, 2016 that…more
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Revised 2016 Hart-Scott-Rodino Antitrust Thresholds – Effective February 25, 2016

Filing thresholds under the Hart-Scott-Rodino (HSR) Act will increase by about 2.5%, effective February 25, 2016, raising the level that a transaction’s value must exceed to trigger a filing from $76.3 million to $78.2 million…more
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Top 10 Antitrust Developments and Trends to Watch in 2016

By David Burns, Jacqueline Grise, and Howard Morse, Cooley LLP Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the…more
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Back in the Limelight: Innovation as Antitrust Violation

By Howard Morse and David Burns, Cooley LLP Lawyers may not instinctively think about antitrust risk when their clients introduce new products. After all, innovation—building a better mousetrap—is a central aim of antitrust…more
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FTC Enforcement Powers Limited in LabMD Data Security Case

Cooley LLP Alert By Matthew D. Brown, Stephanie Cason, Scott Dailard, Howard Morse and Randy Sabett Federal Trade Commission ("FTC") charges against the cancer-screening laboratory LabMD, stemming from two data breaches…more
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Antitrust Enforcers Focus on Technology Mergers

"United States: Technology Mergers" published in the Global Competition Review’s Antitrust Review of the Americas 2016. The pace of strategic deal-making has electrified corporate America over the past year and has kept…more
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Third Circuit Upholds the FTC's Data Security Enforcement Authority

Cooley Alert By Matthew D. Brown, Scott Dailard, Bethany Lobo, Howard Morse, Randy Sabett, and Charles Schwab http://www.cooley.com/third-circuit-upholds-ft-data-security-enforcement-authority On August 24,, the Third…more
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HSR "Investment-Only" Exemption: Lessons from Third Point's Yahoo! Investment

HSR “Investment-Only” Exemption: Lessons from Third Point’s Yahoo! Investment Cooley Alert by Francis Fryscak, Jacqueline Grise, Tanisha James, and Howard Morse While acquisitions of up to 10% of the voting interest in a…more
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Proposing a Fix? Ready to Litigate the Fix? Recent Cases Should Guide Strategy

Proposing a Fix? Ready to Litigate the Fix? Recent Cases Should Guide Strategy By Megan Browdie and Howard Morse, Cooley LLP First published in the ABA Antitrust Section M&A Committee newsletter, The Threshold (Aug. 24,…more
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Second Circuit Rules that "Product Hopping" May Constitute Unlawful Monopolization; Pharmaceutical Companies are Likely Targets of Future Antitrust Enforcement

Recent antitrust challenges to pharmaceutical companies' efforts to transition patients from drugs nearing the end of their patent life to next-generation drugs have increased the risk of pursuing such "product hopping"…more
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Ninth Circuit Recognizes Efficiencies May Enhance Competition in Antitrust Challenge to Merger

In a rare appellate opinion addressing the merits of a merger challenge, the Ninth Circuit last month sided with the Federal Trade Commission, finding that a 2012 merger of two health care providers in Idaho was likely to…more
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Bill may reconcile antitrust review, Daily Journal Jan. 8, 2015

U.S. antitrust law — which prohibits mergers and acquisitions that may lessen competition — is enforced by both the Department of Justice and Federal Trade Commission. The agencies apply the same substantive guidelines, but seek…more
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Proposed Legislation to Reconcile DOJ and FTC Merger Standards and Processes

Dual antitrust enforcement by the Department of Justice (DOJ) and Federal Trade Commission (FTC), while now standard operating procedure, has long elicited concerns about disparate treatment of mergers. Court decisions in the…more
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  • 202-842-7852

Areas of Practice
  • Antitrust & Trade Regulation
  • Mergers & Acquisitions
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