Lisa Jose Fales is Chair of Venable’s Antitrust Practice Group and Co-Chair of the firm's Regulatory Practice Group and focuses on antitrust, litigation and advertising and marketing law.
For more than 20 years, Ms. Fales has concentrated her practice on civil government antitrust investigations, mergers and acquisitions, antitrust litigation and antitrust counseling. She represents Fortune 500 companies as well as emerging businesses in merger and conduct investigations brought by the U.S. DOJ, the FTC and state attorneys general in various industries. These include healthcare, pharmaceuticals, agriculture, defense, oil and gas, consumer products, supermarkets, satellite broadcast and broadcast media. Ms. Fales 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.
Ms. Fales has been recognized by Global Competition Review for her antitrust litigation and government enforcement work. Under her leadership, Venable has been named to the 2015 Global Competition Review's list of top 100 antitrust firms – the GCR 100 – and the publication's (2015) debut list of the Top DC Antitrust Practices.
Ms. Fales 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.
Antitrust – Government Investigations, Litigation and Counseling
Ms. Fales' antitrust investigation and litigation experience includes:
- Defending a Hatch-Waxman "first-filer" generic pharmaceutical company against against multi-billion dollar class action (MDL) antitrust "reverse payments" claims. Client obtained a unanimous defense jury verdict after a seven-week trial in the first "reverse payments" antitrust trial after the U.S. Supreme Court's landmark decision in FTC v. Actavis (In re Nexium (Esomeprazole) Antitrust Litigation).
- Defending generic pharmaceutical manufacturer against claims under the Sherman Act arising from an "Actavis"-type settlement of patent litigation (In re Modafinil 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 health care 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.
Ms. Fales' work on mergers investigations includes:
Advertising and Marketing – Government Investigations, Litigation and Counseling
- 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;
- Lockheed Martin’s attempted acquisition of Northrop Grumman; and
- Representing third parties complaining about mergers under investigation at DOJ or the FTC.
Ms. Fales has extensive experience in advertising and marketing law, with emphasis on Internet marketing, advertising content, electronic commerce, and privacy and data security. She has represented many clients in connection with FTC and state attorneys general investigations challenging practices in these areas.
She was on 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.
Ms. Fales was a legislative specialist with the Consumer Protection Division of the Maryland Attorney General's Office from 1983 to 1989.
Ms. Fales 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.
Ms. Fales 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.