Danielle R. Foley

Representative Matters

Antitrust and Unfair Competition

• Obtained a unanimous defense victory after a seven-week trial on behalf of a pharmaceutical company in a multi-billion-dollar antitrust class action in the first "reverse-payment" trial (In re Nexium [Esomeprazole] Antitrust Litigation)
• Defending Perdue in several class actions and state attorney general actions alleging conspiracies to restrict supply and increase prices in the poultry industry
• Defending Perdue against a class action alleging conspiracy among poultry companies to suppress employee wages
• Defending pharmaceutical company against antitrust and Lanham Act claims arising from alleged sham patent litigation
• Defended a pharmaceutical company in a long-running action alleging antitrust claims arising from the settlement of patent litigation. Defeated motions for certification of both direct purchaser and end-payor classes. Obtained a precedential opinion on class certification from the Third Circuit (In re Modafinil Antitrust Litigation)
• Defended a generic pharmaceutical company as trial counsel against a class action and individual antitrust claims arising from settlement of patent litigation involving generic drug products. Obtained favorable settlements after a multi-week trial (In re Solodyn Antitrust Litigation)
• Defended pharmaceutical companies in multi-district litigation involving claims brought by private plaintiffs and state attorneys general alleging an industry-wide price-fixing conspiracy
• Represented a pharmaceutical company in a New York attorney general antitrust investigation of whether the company's agreement with another pharmaceutical company constituted an unlawful agreement to delay the entry of generic products
• Prosecuted claims on behalf of an opt-out purchaser in a major antitrust action involving a worldwide price-fixing conspiracy
• Defended a major oil and gas company against antitrust conspiracy claims brought by the state of Hawaii

Other Class Action Experience

• Successfully defended against three class action lawsuits alleging violation of Florida’s wiretap statute by use of session replay software on commercial websites. Obtained a favorable motion to dismiss ruling and voluntary dismissals
• Represented a bank against a class action involving claims arising from overdraft fees. Plaintiff voluntarily dismissed complaint in response to motion to dismiss
• Defended a consumer products company against six class action lawsuits across the country involving false advertising and unfair competition claims

Other Complex Litigation Experience

• Representing a special servicer in a breach of contract action
• Represented Taylor Swift in a landmark, high-profile sexual harassment lawsuit, adverse to an on-air radio personality, resulting in a jury verdict for Ms. Swift on all claims and defenses (Mueller v. Swift)
• Prosecuted securities fraud litigation against an energy-conversion company and its founder. Obtained a multi-million-dollar judgment for the client (Frank Carlucci v. Envion, et al.)
• Prosecuted rights of publicity and privacy claims on behalf of an internationally recognized professional athlete (Eldrick "Tiger" Woods, Elin Nordegren Woods, & Privacy, Ltd. v. Christensen Shipyards, Ltd. & Carol Williamson & Associates)
• Defended an actor in trial against claims of violation of a morality clause in an endorsement contract (Corbin Bernsen v. Innovative Legal Marketing, LLC)
• Prosecuted breach of contract claims against a yacht manufacturer and obtained a jury award in favor of the client
• Prosecuted a multi-million-dollar breach of contract, fraud, and tortious interference action on behalf of a pharmaceutical manufacturer
• Represented an industrial automation company in multifaceted patent infringement litigation
• Prosecuted claims in a multi-week trial under the Americans with Disabilities Act on behalf of visually and manually impaired voters

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

Bar Admissions

• District of Columbia
• New York

Court Admissions

• U.S. Supreme Court
• U.S. Court of Appeals for the Federal Circuit
• U.S. Court of Appeals for the First Circuit
• U.S. Court of Appeals for the Third 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 District of Maryland
• U.S. District Court for the Southern District of New York

Professional Memberships and Activities

• Member, Board of Directors, Washington Lawyers’ Committee

• Law360, Legal Lions
• Global Competition Review, Antitrust Litigation
• Washington Lawyers’ Committee for Civil Rights and Urban Affairs, Outstanding Achievement Award, 2004
• American Association of People with Disabilities, “Justice for All” Voting Rights Project Award, 2004
• Maryland Legal Services Corporation, Arthur Machen Award for Extraordinary Service to the Poor, 2000