Danielle R. Foley

Partner
Foley Danielle

Danielle Foley is a trial lawyer with extensive experience in complex class action and multi-party litigation involving antitrust, false advertising, and unfair competition claims. Danielle has defended clients in these matters against both the Federal Trade Commission (FTC) and private plaintiffs. Most recently, she has defended pharmaceutical companies as trial counsel in the three "reverse payment" jury trials held under the U.S. Supreme Court's landmark decision in FTC v. Actavis. Danielle has also represented clients in investigations by the FTC and state attorneys general, conducted internal investigations, and provided antitrust counseling to clients.

Experience

Representative Matters

Antitrust and Unfair Competition

  • Obtained a unanimous victory after a seven-week trial on behalf of a pharmaceutical company in defending against a multi-billion-dollar antitrust class action in the first "reverse-payment" trial. (In re Nexium [Esomeprazole] Antitrust Litigation)
  • Currently defending a pharmaceutical company in an action alleging antitrust claims arising from the settlement of patent litigation under FTC v. Actavis. 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)
  • Currently defending pharmaceutical companies in multi-district litigation involving claims brought by private plaintiffs and state attorneys general alleging an industry-wide price-fixing conspiracy. (In re Generic Pharmaceuticals Pricing Antitrust Litigation)
  • Currently defending a pharmaceutical company in MDL class action litigation brought by direct purchasers, end payors, and retailers involving allegations that the company received illegal reverse payments to delay a generic form of an opioid pain medication. (In re Opana Antitrust Litigation)
  • Defended a generic pharmaceutical company as trial counsel in defense against a class action and individual claims arising under FTC v. Actavis. (In re Solodyn Antitrust Litigation)
  • 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
  • Defended a consumer products company in six class action lawsuits across the country involving false advertising and unfair competition claims
  • 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
  • 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 a professional athlete
  • Prosecuted breach of contract claims against a yacht manufacturer and obtained a jury award in favor of the client
  • Prosecuted 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

Insights

Credentials
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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 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

Professional Memberships and Activities

  • Member, board of directors, Washington Lawyers’ Committee

Recognition
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  • Washington Lawyers' Committee Outstanding Achievement Award, 2004
  • American Association of People With Disabilities' "Justice For All" Voting Rights Project Award, 2004
  • Maryland Legal Services Corporation's Arthur Mechen Award for Extraordinary Service to the Poor, 2000