White & Case (New York)

Michael Gallagher

White & Case (New York)
Lawyer (Partner)

Michael J. Gallagher focuses on antitrust, class action and other complex commercial litigation, with an emphasis on the pharmaceutical industry. Michael’s litigation and advisory practice focuses on complex commercial litigation, particularly antitrust, false claims act, RICO and class actions. Michael’s experience representing clients in substantial cases spans a wide range of industries, from pharmaceuticals to infant nutrition to oil & gas. His practice has a significant focus on the pharmaceutical industry, where he has represented and counseled pharmaceutical clients for more than 20 years on critical pricing, marketing and distribution issues, including product hopping, reverse payment / pay-for-delay, average wholesale price, managed care contracting, co-payment assistance programs, false claims act, and price discrimination matters. Michael’s pharmaceutical industry experience began with the In re Brand Name Prescription Drugs Litigation, where he scored a directed verdict for his client at the trial of class plaintiffs’ antitrust conspiracy claims. His recent successes include appellate victories for a generic drug manufacturer in consumer protection, false claims act and fraud litigation brought by state Attorneys General over published AWPs, and a summary judgment dismissal of long-running Robinson-Patman Act claims brought by retail pharmacies, alleging industry-wide price discrimination by brand name pharmaceutical manufacturers. Michael litigates jury and non-jury cases before federal and state trial and appellate courts throughout the United States, and he has represented clients in government investigations, arbitration and administrative proceedings.

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Articles

689 Bulletin

Michael Gallagher, Kristen O’Shaughnessy, Kathryn Jordan Mims, Kevin Adam, Jaclyn Phillips The US President Joe Biden publishes an executive order containing 72 initiatives to address competition concerns in several industries, including pharmaceuticals, biotech, and healthcare

274

Citing concerns about growing consolidation, reduced competition, and increasing prices, President Biden issued on July 9, 2021 a sweeping Executive Order containing 72 initiatives to address competition concerns in a number of industries, including pharmaceuticals, biotech, and healthcare. In (...)

Jack E. Pace, Kristen O’Shaughnessy, Robert Milne, Peter J. Carney, Michael Gallagher, Mark J. Gidley, Kevin Adam The US Congress proposes a package of bills on drug pricing, including changes to the treatment of reverse payments, product hopping, sham petitions, and patent dancing

144

What’s next for drug pricing in the US ? Proposals to alter antitrust and patent laws may signal a renewed focus on drug pricing by federal lawmakers, while the growing web of state laws is expected to increase compliance challenges for the pharmaceutical industry. What’s changing ? A new (...)

Michael Gallagher, Regina Loureiro, Allain Andry, Mark J. Gidley, Kathryn Jordan Mims, Noah A. Brumfield The US DoJ and State Attorney-General propose federal additions to the Price Gouging Framework following the COVID-19 pandemic

101

Price gouging enforcement has largely been left to the States with their patchwork of varying laws—laws that have been invoked sporadically in crises. While the COVID-19 crisis has reportedly led to increased state enforcement, the federal government has taken a larger role, including Justice (...)

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