Government Experience

  • Legislative and Education Specialist, Office of the Maryland Attorney General, Consumer Protection Division

Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

  • U.S. District Court for the District of Maryland
  • U.S. District Court for the District of Columbia

Education

  • J.D., University of Baltimore School of Law, 1990
    Articles Editor, University of Baltimore Law Review
  • B.A., University of Maryland, 1984

Memberships

  • American Bar Association, Antitrust Section

    D.C. Bar Association

    Maryland Bar Association

    NOW Legal Defense and Education Fund

    Women’s Law Center for Maryland
T +1 202.344.4349
F +1 202.344.8300
 

Lisa Jose Fales

Partner

Lisa Fales is Chair of Venable's Antitrust Practice Group and Co-Chair of the firm's Regulatory Practice Group.

Lisa concentrates her antitrust practice on litigation, government investigations, mergers and acquisitions and strategic counseling. She represents Fortune 500 companies as well as emerging businesses in antitrust cases brought by private parties, the U.S. DOJ, the FTC and state attorneys general in various industries. These include healthcare, pharmaceuticals, consumer products, supermarkets, agriculture, defense, oil and gas, satellite broadcast and broadcast media. Lisa also opposes mergers pending before the antitrust authorities, orchestrates asset divestitures, and works with clients and court-appointed monitors to ensure complex consent order compliance.

Lisa has been recognized by Global Competition Review for her antitrust litigation and government enforcement defense work. Under her leadership, Venable has been named to the Global Competition Review's list of top 100 antitrust firms–the GCR 100–and the publication's annual list of the Top DC Antitrust Practices in 2015, 2016, and 2017.

Most recently, Lisa was recognized by the National Law Journal as a 2018 Trailblazer in Mergers & Acquisitions and Antitrust.

Lisa has been repeatedly named a leading female litigator by Benchmark Litigation and was recently named a local litigation star in 2019 as well. She has been recently recognized as a "Legal Lion" by Law360.

Lisa was named an "Outstanding Healthcare Antitrust Lawyer" by Nightingale's, and was a Legal Elite winner by Washington SmartCEO Magazine for her achievements in antitrust law.

Significant Matters

Antitrust – Litigation, Government Investigations and Counseling

Lisa's significant antitrust cases include:
  • Currently representing Impax Laboratories, Inc. in "reverse payment" patent settlement cases brought by putative classes of purchasers of Solodyn, an acne treatment drug, and consolidated as an MDL in the U.S. District Court of Massachusetts.
  • Currently representing Impax Laboratories, Inc. in "reverse payment" patent settlement cases brought by putative class of purchasers of Opana, an opioid pain mediation, in the Northern District of Illinois.
  • Currently representing Sun Pharmaceutical Industries Ltd. and Taro Pharmaceutical Industries in alleged generic pharmaceutical price fixing cases in the Eastern District of Pennsylvania. These cases were brought by putative classes of drug purchasers. (The Generic Pharmaceuticals Pricing Antitrust Litigation)
  • Currently representing Perdue in alleged price fixing cases involving broilers. These cases were brought in the Northern District of Illinois by putative classes of broiler purchasers. (In re Broiler Chicken Antitrust Litigation)
  • Currently representing Perdue in cases involving alleged agreements on grower compensation. These cases were brought in the Eastern District of Oklahoma by putative classes of growers of broilers. (In re Broiler Chicken Grower Litigation)
  • Defending Sun Pharmaceutical Industries Ltd. (which acquired Ranbaxy) generic pharmaceutical manufacturer against claims under the Sherman Act arising from alleged "reverse payment" settlement of patent litigation in the Eastern District of Pennsylvania. A highly favorable settlement with retailer and competitor plaintiffs followed a complex four-week jury trial (In re Modafinil Litigation). Successfully defeated certification of the putative direct purchaser class. 
  • Defending Ranbaxy, a Hatch-Waxman "first-filer" generic pharmaceutical company in a multi-billion dollar class action (MDL) antitrust "reverse payments" claims in the U.S. District Court for Massachusetts. Client obtained a unanimous defense jury verdict after a seven-week trial in the first "reverse payment" antitrust trial after the U.S. Supreme Court's landmark decision in FTC v. Actavis (In re Nexium (Esomeprazole) Antitrust Litigation).
  • Representing a large healthcare provider and insurer in a four-year DOJ antitrust investigation of alleged market allocation. Investigation closed with no action against client.
  • Representing several different pharmaceutical companies in multiple FTC investigations for alleged antitrust violations involving patent litigation settlements. All investigations closed with no action against any client.
  • Representing healthcare insurer in DOJ and state attorney general investigation of contracting practices. Investigation closed with no action against client.
  • Representing ocean shipping client in DOJ criminal price fixing investigation. Investigation closed with no action against client.
  • Representing real estate investor in DOJ criminal investigation for bid rigging.

Lisa's work on mergers investigations includes:
  • Univision's acquisition of Hispanic Broadcasting Corporation;
  • Nestlé's acquisition of Ralston Purina;
  • Chevron's acquisition of Texaco;
  • Sunoco's acquisition of various refineries, chemicals and other assets;
  • Albertson's acquisition of American Stores;
  • Delhaize America's acquisition of Hannaford Brothers' supermarkets;
  • Kroger's proposed acquisition of Winn-Dixie’s stores in Texas and Oklahoma;
  • Lockheed Martin's attempted acquisition of Northrop Grumman; and
  • Representing third parties complaining about mergers under investigation at DOJ or the FTC.

Advertising and Marketing – Government Investigations, Litigation and Counseling

Lisa has extensive experience in advertising and marketing law, with emphasis on internet marketing, advertising content, and electronic commerce. She has represented many clients in connection with FTC and state attorneys general investigations challenging practices in these areas.

She was on the trial team that obtained a jury verdict, affirmed by the Fourth Circuit, for defendant email marketer in federal action brought under Maryland and California's email spam and consumer protection statutes.

Government Service

Lisa was a legislative specialist with the Consumer Protection Division of the Maryland Attorney General's Office from 1983 to 1989.

Activities

Lisa is the Articles Editor of Antitrust, the magazine of the American Bar Association's Section of Antitrust Law.

She is also a member of the ABA's Section on Antitrust Law, and the D.C. and Maryland Bar Associations, and was Chairperson of the D.C. Bar Association's Consumer Affairs Committee.

Lisa served on the Board of Directors of the Women’s Law Center for Maryland, the Benefits Committee of the NOW Legal Defense and Education Fund, and as a tutor for underprivileged children in D.C.