Amy Pauli
Overview
When health care companies, pharmaceutical manufacturers, or consumer product goods companies face class action litigation or advertising and competition concerns, Amy Pauli provides targeted, actionable counsel to quickly and efficiently minimize risk or resolve disputes. Amy regularly litigates matters concerning the intersection of products and consumers or products and the market, including false advertising class actions, Mental Health Parity and Addiction Equity Act class actions, and drug pricing and no-poach antitrust class actions. Amy is also a go-to appellate advocate and frequently represents clients in merits and amicus briefs in state and federal courts nationwide.
Career & Education
- U.S. Court of Appeals for the Tenth Circuit
Judicial Clerk, Honorable Gregory A. Phillips, 2017 – 2018
- U.S. Court of Appeals for the Tenth Circuit
- University of Wyoming, B.A., 2014
- University of Utah, J.D., highest honors, Order of the Coif, Executive Social Justice Editor, Utah Law Review, 2017
- Colorado
- Wyoming
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Tenth Circuit
Professional Activities and Memberships
- Member, Colorado Women’s Bar Association
- Board of Directors, Denver Urban Debate League
- Participant, LCLD 2021 Pathfinder Program
- Participant, Impact Denver Spring 2021 Program
Amy's Insights
Client Alert | 4 min read | 04.29.24
Red Alert on the Orange Book: The FTC Continues to Crack Down on Improperly Listed Drug Patents
As reported in an earlier Client Alert, on November 7, 2023, the Federal Trade Commission challenged 100 patents as improperly listed in the Food and Drug Administration’s “Approved Drug Products with Therapeutic Equivalence Evaluations” publication, commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In the letters, the FTC indicated it is using the FDA’s regulatory dispute process to challenge the listing of these patents in the Orange Book because improperly listed patents may violate antitrust laws and impede competition.
Client Alert | 3 min read | 04.24.24
Client Alert | 4 min read | 04.18.24
Client Alert | 3 min read | 01.11.24
FDA Issues Final Guidance on Direct-to-Consumer Prescription Drug Advertisements
Representative Matters
- Consumer class actions:
- Secured pleading-stage dismissal of false advertising class action against Fortune 500 food manufacturer.
- Secured dismissal of consumer class action for pet products manufacturer in the U.S. District Court for the Northern District of California. Plaintiff sought $5 million in damages and asserted claims including fraud, breach of warranty, and that the label was misleading under consumer protection statutes.
- Health care litigation:
- Secured dismissal of California Unfair Competition Law and unjust enrichment class action against large health plan.
- Challenged and defended, on behalf of an ERISA plan administrator, a series of district court decisions regarding mental health benefits claims before the Tenth Circuit.
- Defending health care companies in Mental Health Parity and Addiction Equity Act class actions.
- Regulatory business disputes. Represented animal product manufacturer in investigation of regulatory defects in business acquired by client and litigation for breaches of acquisition agreement. Successfully brought federal court litigation alleging more than $7 million in damages, resulting in highly favorable settlement for client.
- Food labeling counseling. Advising global beverage brand regarding product launches, advertising and marketing risks, and bottle bill compliance for various product lines including juices, sodas and carbonated beverages, flavored waters, and energy drinks.
Amy's Insights
Client Alert | 4 min read | 04.29.24
Red Alert on the Orange Book: The FTC Continues to Crack Down on Improperly Listed Drug Patents
As reported in an earlier Client Alert, on November 7, 2023, the Federal Trade Commission challenged 100 patents as improperly listed in the Food and Drug Administration’s “Approved Drug Products with Therapeutic Equivalence Evaluations” publication, commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In the letters, the FTC indicated it is using the FDA’s regulatory dispute process to challenge the listing of these patents in the Orange Book because improperly listed patents may violate antitrust laws and impede competition.
Client Alert | 3 min read | 04.24.24
Client Alert | 4 min read | 04.18.24
Client Alert | 3 min read | 01.11.24
FDA Issues Final Guidance on Direct-to-Consumer Prescription Drug Advertisements
Insights
Practices
Industries
Amy's Insights
Client Alert | 4 min read | 04.29.24
Red Alert on the Orange Book: The FTC Continues to Crack Down on Improperly Listed Drug Patents
As reported in an earlier Client Alert, on November 7, 2023, the Federal Trade Commission challenged 100 patents as improperly listed in the Food and Drug Administration’s “Approved Drug Products with Therapeutic Equivalence Evaluations” publication, commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In the letters, the FTC indicated it is using the FDA’s regulatory dispute process to challenge the listing of these patents in the Orange Book because improperly listed patents may violate antitrust laws and impede competition.
Client Alert | 3 min read | 04.24.24
Client Alert | 4 min read | 04.18.24
Client Alert | 3 min read | 01.11.24
FDA Issues Final Guidance on Direct-to-Consumer Prescription Drug Advertisements
