Insights

Washington – August 17, 2023: The 2024 edition of The Best Lawyers in America® has recognized 47 firm lawyers as "Best Lawyers" and 41 lawyers as “Ones to Watch.”

Washington – June 1, 2023: Crowell & Moring earned 82 rankings for 68 lawyers across 48 categories, as well as 37 national and statewide practice area rankings, in the Chambers USA 2023 guide. The rankings are driven by independent interviews of clients and lawyers at peer firms.

Washington – August 18, 2022: The 2023 edition of The Best Lawyers in America® has recognized 54 firm lawyers as "Best Lawyers" and 32 lawyers as “Ones to Watch.”

In the latest sign that federal enforcers remain focused on increasing antitrust enforcement, last Thursday, the Justice Department (DOJ), Federal Trade Commission (FTC) and the Department of Health and Human Services (HHS) revealed an online portal, HealthyCompetition.gov, to encourage the public to submit reports on potential anticompetitive and monopolistic conduct in the healthcare sector.  The initiative seeks to address concerns that such behavior may affect healthcare affordability and quality, and employee wages. 

The saga of DNA-sequencing firm Illumina’s quest to acquire cancer detection-test maker Grail ended last month when the Fifth Circuit largely upheld the Federal Trade Commission’s decision to block the deal. The appellate decision is significant on several levels.  First, it is the first time in decades that either federal antitrust enforcer has succeeded in blocking or forcing the abandonment of a vertical merger after litigating to a decision.

After more than two years of preview and consultation, including thousands of public comments, the Antitrust Division of the Department of Justice and the Federal Trade Commission issued the final version of their 2023 Merger Guidelines (“Guidelines”) yesterday, December 18, 2023. As we noted when the draft guidelines were released in July, the final Guidelines both harken back to older, long-standing precedent and provide a framework for how the Agencies apply merger enforcement policy in modern economic markets. The Guidelines hold fast to the Biden administration’s enforcement policy to address harms from what they perceive to be “excessive” corporate consolidation by reinvigorating and enhancing merger enforcement. Yet, the final Guidelines show that the Agencies have responded to at least some of the criticism of the draft version, and may be more likely to align with how courts currently analyze merger challenges.

Participants of the GICLI Annual Meeting share valuable experiences and practical strategies for handling government investigations and related civil litigation at collegial roundtable and panel discussions. An open, knowledge-sharing forum is encourages throughout two days of breakfast sessions, workshops and casual, relationship-building events.

Alexis will moderate a panel called "Merger Review Retrospective," which will review high-profile mergers and key developments in merger control in 2019.

Join us for this year’s Health Care Ounce of Prevention Seminar (HOOPS), a webinar series where our experienced practitioners will provide insight into a number of exciting topics. This year’s seminar will focus on topics such as Remote Health Care and Telemedicine, Mental Health Parity, Health Care Litigation, and Health Care Trends for 2022. 

On July 13, President Biden signed the sweeping Executive Order on Promoting Competition in the American Economy, which contained 72 directives to multiple federal agencies aimed at establishing a “whole-of-government” effort to promote competition across broad swaths of the American economy. Many recommendations within that Executive Order called upon the FTC to issue new rules relating to consumer protection, privacy, and competition issues. Even before the Executive Order, several Commissioners and other commentators were calling upon the FTC to exercise its rarely-used independent rulemaking authority to issue new rules to address a broad range of issues. 

Covid-19 has had a profound impact on the way healthcare providers deliver care to patients. Innovative services such as telemedicine, virtual care and remote patient monitoring have all disrupted the market.

In this episode, hosts Payal Nanavati and Joe Records talk to Katy Raffensperger, Todd Rosenberg, and Alexis Gilman about expectations for health care transactions in 2022. The discussion captures how transactions involving health care companies may respond to legal, economic, and market circumstances, including lasting care delivery changes spurred by the COVID pandemic, antitrust scrutiny by federal regulators, inflation, and rising interest rates.