Lisa Jose Fales

Partner
Fales Lisa Jose

Lisa Fales is chair of Venable's Antitrust Group and co-chair of the firm's Regulatory Group. Lisa is a litigator, representing Fortune 500, mid-market, and emerging businesses in antitrust, advertising, marketing, and regulatory matters. Lisa focuses on antitrust litigation, civil government antitrust investigations, mergers, acquisitions, and antitrust counseling. She also addresses marketing and advertising issues, particularly those relating to advertising content, e-commerce, and online advertising initiatives.

Lisa defends business clients against Department of Justice (DOJ), Federal Trade Commission (FTC), state attorneys general, and privately initiated antitrust actions. She has helped clients oppose pending mergers before federal and state antitrust authorities, and has worked with clients to structure asset divestitures. She coordinates with clients and court-appointed monitors to ensure compliance with complex consent orders. Her experience spans the healthcare, pharmaceutical, consumer products, supermarket, agriculture, defense, oil and gas, satellite broadcast, and broadcast media sectors.

Lisa has repeatedly been recognized for her work by leading industry publications, including Global Competition Review, National Law Journal, Benchmark Litigation, Law360, Nightingale, and Washington SmartCEO. 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, 2017, and 2018.

Experience

Government Experience

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

Representative Matters

Antitrust – Litigation, Government Investigations, and Counseling

  • 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
  • Representing Impax Laboratories, Inc. in “reverse payment” patent settlement cases brought by putative class of purchasers of Opana, an opioid pain medication, in the Northern District of Illinois
  • 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)
  • 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)
  • 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., a generic pharmaceutical manufacturer that acquired Ranbaxy, against claims under the Sherman Act arising from an 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). Defeated certification of the putative direct purchaser class
  • Defending Ranbaxy, a Hatch-Waxman “first-filer” generic pharmaceutical company, against a multi-billion-dollar class action (MDL) antitrust “reverse payments” claim in the U.S. District Court for Massachusetts. 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)
  • Represented a large healthcare provider and insurer in a four-year DOJ antitrust investigation of alleged market allocation that ended with no action against the client
  • Represented several pharmaceutical companies in multiple FTC investigations for alleged antitrust violations involving patent litigation settlements that closed with no action against any client
  • Represented a healthcare insurer in DOJ and state attorney general investigations of contracting practices that closed with no action against the client
  • Represented an ocean shipping client in a DOJ criminal price fixing investigation that closed with no action against client
  • Represented a real estate investor in a DOJ criminal investigation for bid rigging

Merger and Acquisition Investigations

  • 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
  • Representing third parties in complaints regarding mergers under investigation at DOJ or the FTC

Advertising and Marketing – Government Investigations, Litigation, and Counseling

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

Insights

Credentials
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Education

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

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

Professional Memberships and Activities

  • Member, American Bar Association, Antitrust Section
  • Articles editor, Antitrust, ABA’s section of antitrust law
  • Member, DC Bar Association; former chair, Consumer Affairs Committee
  • Member, Maryland State Bar Association
  • Former board member, Women’s Law Center of Maryland
  • Former member, Benefits Committee, Legal Momentum

Recognition
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  • Recognized in Washington, DC edition of Super Lawyers, 2019
  • Recognized by Global Competition Review for antitrust litigation and government enforcement defense work
  • Ranked by Benchmark Litigation as a "Local Litigation Star," 2019
  • Recognized by the National Law Journal as a Trailblazer in Mergers & Acquisitions and Antitrust, 2018
  • Recognized as a "Legal Lion" by Law 360
  • Named an "Outstanding Healthcare Antitrust Lawyer" by Nightingale's Healthcare News
  • Honored as a "Legal Elite" winner by Washington SmartCEO magazine, for achievements in antitrust law
  • 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

Community
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Pro Bono

  • Tutors underprivileged children in Washington, DC

Personal Activities