Lisa P. Rumin
Subscribe to Lisa P. Rumin's PostsLisa P. Rumin focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the healthcare, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. Read Lisa Rumin's full bio here.
Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims
By Lisa P. Rumin and Graham Hyman on Jun 30, 2021
Posted In Energy/Commodities, IP Antitrust, Monopolization/Abuse of Dominance
The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of Appeals for the Fifth Circuit. Chandler v. Phoenix Services LLC, Case No. 20-1848 (Fed Cir. June 10, 2021) (Hughes,...
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Government Contractor Pleads Guilty to Bid-Rigging and Procurement Fraud
By Justin P. Murphy and Lisa P. Rumin on Jun 25, 2021
Posted In Cartel Enforcement, DOJ Developments
On June 7, 2021, as part of the US Department of Justice’s (DOJ) continuing commitment to prosecuting cases where the government is a victim, a government contractor pleaded guilty to one count of bid-rigging and one count of conspiracy to commit mail and wire fraud in connection with the DOJ’s ongoing investigation into public works...
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Federal Trade Commission Zeroes in on Problematic Non-Competes
By Joel R. Grosberg and Lisa P. Rumin on Oct 5, 2020
Posted In FTC Developments, Mergers & Acquisitions
Non-compete provisions help protect a buyer’s significant investment in an acquired business. Although non-compete clauses often play a vital role in M&A deals, they are not immune from antitrust scrutiny. Since September 2019, the FTC has challenged noncompete provisions in at least three transactions. These demonstrate that the Commission and other antitrust enforcers are closely...
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If Past is Prologue, Ramped up Antitrust Compliance is Critical
By Lisa P. Rumin and McDermott Will & Emery on Jun 17, 2020
Posted In Cartel Enforcement, DOJ Developments, FTC Developments
The COVID-19 pandemic has brought not only a healthcare crisis, but also one of the worst economic downturns in history. As businesses emerge from this crisis, there may be increased risk that employees may cross the line and engage in anticompetitive conduct. Therefore, it is critical that companies and individuals prepare now to ensure that...
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FTC Continues To Zero In On Problematic M&A Noncompetes
By Joel R. Grosberg and Lisa P. Rumin on May 28, 2020
Posted In FTC Developments, Mergers & Acquisitions
Since September 2019, the Federal Trade Commission has challenged noncompete provisions in at least three transactions. These challenges demonstrate that the FTC will challenge noncompete provisions even when it concludes that the underlying transaction raises no substantive antitrust issues and when the provision relates to minority investments. Noncompete provisions help protect a buyer’s significant investment...
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Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases
By Lisa P. Rumin, Nicole Castle and Stephen Wu on May 21, 2020
Posted In Private Litigation
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the facts, evidence and expert testimony at the class certification stage of litigation. Access Full Article
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Anticompetitive Conduct in Biologics – An Enforcement Priority with FTC and FDA
By Jon B. Dubrow, Lisa P. Rumin and Will Diaz on Feb 4, 2020
Posted In Consumer Protection/Privacy, FTC Developments, Healthcare Antitrust
Today the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) released joint guidance concerning competition for biologics, including biosimilars. The joint guidance seeks to enhance competition for biologics and reduce manufacturers’ use of false or misleading statements or promotional communications concerning the efficacy or safety of biosimilars and other biologics. This guidance...
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