Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Southern District of New York
  • U.S. Court of Appeals for the Third Circuit

Education

  • J.D., Boston College Law School, 1998
    Executive Editor, Boston College Third World Law Journal
  • B.A., summa cum laude, Boston College, 1995
    Phi Beta Kappa
T +1 202.344.4343
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Danielle R. Foley

Partner

Danielle Foley is an experienced litigator who has represented companies and individuals in a broad spectrum of complex matters, including antitrust, false advertising, unfair competition (both FTC and private litigation), securities, patent infringement, rights of publicity and general business issues. Danielle's practice encompasses all aspects of trial and appellate litigation in federal and state courts, and before arbitration panels. Danielle has also conducted internal investigations and provided antitrust counseling to clients.

Significant Matters

Danielle’s recent litigation experience includes:
  • Defense of generic pharmaceutical companies as trial counsel in three "reverse payment" trials under the U.S. Supreme Court's landmark decision in FTC v. Actavis;
  • Obtained unanimous defense victory after seven-week trial on behalf of generic pharmaceutical company against multi-billion dollar antitrust class action in first "reverse-payment" trial (In re Nexium (Esomeprazole) Antitrust Litigation);
  • Defense as trial counsel of generic pharmaceutical company in action alleging claims under the Sherman Act arising from settlement of patent litigation under FTC v. Actavis. Defeated motions for certification of both direct purchaser and end-payor classes. Obtained precedential opinion on class certification from Third Circuit (In re Modafinil Antitrust Litigation);
  • Defense of generic pharmaceutical company as trial counsel against class action and individual claims arising under FTC v. Actavis (In re Solodyn Antitrust Litigation);
  • Prosecution of securities fraud litigation against energy-conversion company and its founder. Obtained multi-million dollar judgment for client (Frank Carlucci v. Envion, et al.);
  • Represent generic pharmaceutical companies in multi-district litigation alleging price-fixing in violation of Sherman Act (In re Generic Pharmaceuticals Pricing Antitrust Litigation);
  • Represent pharmaceutical company in New York Attorney General antitrust investigation of whether company's agreement with another pharmaceutical company constituted and unlawful agreement to delay entry of generic products;
  • Prosecution of rights of publicity and privacy claims on behalf of professional athlete;
  • Prosecution of breach of contract claims against yacht manufacturer. Obtained jury award in favor of client;
  • Prosecution of a multi-million-dollar breach of contract, fraud and tortious interference action on behalf of a generic pharmaceutical manufacturer;
  • Defense of a consumer products company in six class actions across the country involving false advertising and unfair competition claims;
  • Prosecution of claims on behalf of opt-out purchaser in a major antitrust action involving a world-wide price-fixing conspiracy;
  • Defense of major oil and gas company against antitrust conspiracy claims brought by State of Hawaii; and
  • Prosecution of claims and multi-week trial under the Americans with Disabilities Act on behalf of visually and manually impaired voters.