Eric Grannon | White & Case LLP International Law Firm, Global Law Practice
Eric Grannon
Eric Grannon

Eric Grannon

Partner, Washington, DC

“Eric Grannon has a strong reputation in the market for expertise in antitrust litigation. He has been particularly active of late in the pharmaceutical industry in connection with ‘reverse payment’ cases.”

Chambers USA—Antitrust (2015)

Overview

Mr. Grannon helps clients with antitrust matters, including civil and criminal defense as well as counseling for mergers and acquisitions and settlements of pharmaceutical patent litigation. Since 2001, he also has helped clients with concerns under the Foreign Corrupt Practices Act (FCPA) and other anti-corruption issues. Mr. Grannon began at the firm as a summer associate in 1997 and has been a partner since 2007.

A former prosecutor, Mr. Grannon returned to White & Case after serving as Counsel to the Assistant Attorney General in charge of the Antitrust Division of the United States Department of Justice (DOJ) in 2003-04, where he helped formulate US antitrust enforcement policy and manage the civil and criminal investigations and court cases brought by the Antitrust Division. He ended his DOJ service with a detail as a Special Assistant US Attorney in the District of Columbia, trying twenty bench and jury trials as lead counsel.

In private practice, Mr. Grannon has argued in district courts across the country, including an antitrust jury trial, argued appeals in the Eleventh and DC Circuits, and worked on ten matters before the US Supreme Court, nine of which were antitrust cases.

Mr. Grannon clerked for the Honorable Walter K. Stapleton, US Court of Appeals for the Third Circuit, 1999-2000, and the Honorable Federico A. Moreno, US District Court for the Southern District of Florida, 1998-99.

He is a member of the Legal Policy Board of the Washington Legal Foundation.

Mr. Grannon is currently serving a three-year term on the American Bar Association’s Standing Committee on Amicus Curiae Briefs.

He previously served as Vice-Chair of the Health Care and Pharmaceuticals Committee of the American Bar Association Section of Antitrust Law, and prior to that as Vice-Chair of its Compliance and Ethics Committee.

Mr. Grannon has served as an adjunct faculty member at the Howard University School of Law, where he taught a seminar on advanced antitrust law.

Bars and Courts

  • US Supreme Court
  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Fourth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US District Court for the District of Columbia
  • US District Court for the District of Maryland
  • District of Columbia Bar
  • Maryland Bar

Education

  • JD, Howard University, cum laude, Howard Law Journal, 1998
  • BA, Brooklyn College, magna cum laude, Phi Beta Kappa, 1995

Languages

  • English
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Experience

FTC v. Actavis

Mr. Grannon currently serves as lead trial counsel for two pharmaceutical companies defending against both government and private antitrust claims. His role in this matter has included:

(i) serving as counsel of record in the US Supreme Court for two respondents opposing the FTC on the merits, and previously opposing the FTC's petition for a writ of certiorari, in FTC v. Actavis, Inc., 133 S. Ct. 2223 (2013) (5-3 decision reversing and remanding FTC v. Watson Pharm., Inc., 677 F.3d 1298 (11th Cir. 2012));

(ii) successfully arguing a motion for summary judgment against the sham-litigation claims of putative class-action plaintiffs in In re AndroGel Antitrust Litigation, 888 F. Supp. 2d 1336 (N.D. Ga. 2012);

(iii) successfully arguing in the US Court of Appeals for the Eleventh Circuit against the FTC's appeal in FTC v. Watson Pharm., Inc., 677 F.3d 1298 (11th Cir. 2012);

(iv) successfully arguing a motion to dismiss against the FTC's "pay for delay" lawsuit, In re AndroGel Antitrust Litigation, 687 F. Supp. 2d 1371 (N.D. Ga. 2010);

(v) winning a contested motion for centralization under 28 U.S.C. § 1407, before the Judicial Panel on Multidistrict Litigation, to the clients' preferred venue in In re AndroGel Antitrust Litigation, MDL No. 2084 (J.P.M.L. 2009);

(vi) winning a contested transfer motion under 28 U.S.C. § 1404 to transfer both the government and private antitrust actions to the original patent judge to defeat FTC and private-plaintiff forum shopping, FTC v. Watson Pharm., Inc., 611 F. Supp. 2d 1081 (C.D. Cal. 2009); and

(vii) defending clients and their executives in the underlying two-year FTC investigation, including at six investigational hearings.

Counseling Pharmaceutical Patent Settlements

Mr. Grannon also has counseled more than thirty pharmaceutical patent settlements that have avoided challenge by the FTC and private plaintiffs.

Class-action Arbitration

Co-lead counsel for petitioners in the defense win in Stolt-Nielsen, S.A. v. AnimalFeeds Int'l Corp., 130 S. Ct. 1758 (2010), which changed US law by making it more difficult for plaintiffs to assert class-action claims in arbitration. This victory won the Litigation Category that year in the Financial Times US Innovative Lawyers Report. Competition Law360 featured this win in naming White & Case one of the top five class-action defense firms in 2010.

Criminal Antitrust

Lead counsel for a Taiwanese semiconductor manufacturer in both the DOJ's SRAM antitrust grand jury investigation (which concluded in no indictment despite the cooperation of the amnesty applicant) and the parallel class-action litigations.

Co-lead author of petition for a writ of certiorari in White & Case LLP v. United States, challenging Ninth Circuit's reversal of district court order quashing DOJ grand jury subpoenas that sought all discovery in parallel, follow-on class actions alleging cartel in thin-film transistor, liquid crystal display panels (TFT-LCD), and lead counsel coordinating support of eight amici curiae for same, Supreme Court docket No. 10-1147, cert. denied June 27, 2011

Co-lead counsel defending a non-US executive in the DOJ’s cartel investigation of the dynamic random access memory (DRAM) industry. Lead author of successful motion for a bill of particulars forcing the Antitrust Division to supplement its barebones, formulaic indictment with detailed factual allegations. United States v. Kim, No. 06-0692 (N.D. Cal. Mar. 1, 2007).

Mergers

Lead merger counsel obtaining early termination of the Hart-Scott-Rodino waiting period for review of Iron Mountain Inc.'s acquisition of Archives One, Inc.; anticipated and resolved DOJ's market share concerns within two days.

Lead counsel for regional wireless service provider as third-party witness concerning a multi-billion dollar telecommunications acquisition; worked with DOJ to achieve divestiture of significant asset of target as sought by client.

Co-lead counsel obtaining early termination of the HSR waiting period for the acquisition of Kos Pharmaceuticals, Inc. by Abbott Laboratories.

Antitrust Litigation against the Government

In addition to his wins against the FTC in AndroGel, Mr. Grannon's experience includes several other headline victories against the federal antitrust agencies, including: US v. Stolt-Nielsen, 524 F. Supp. 2d 609 (E.D. Pa. 2007) (successfully enforcing amnesty agreement against DOJ's attempted revocation); FTC v. Schering-Plough, 402 F.3d 1056 (11th Cir. 2005) (defeating FTC's first "pay for delay" suit); and US v. Sungard Data Systems, 172 F. Supp. 2d 172 (D.D.C. 2001) (defeating DOJ's merger challenge).

Foreign Corrupt Practices Act (FCPA)

Lead counsel advising a Fortune 200 company on the due diligence, contractual, and operational compliance issues implicated in the creation of a long-term contract manufacturing relationship with a partner in China.

Lead counsel representing a UK consulting firm on pre-acquisition due diligence and transaction structuring for an acquisition in Moscow, Russia; led interviews of target's personnel and on-the-ground investigation for same.

Lead counsel advising board of directors of a Canadian company on FCPA consequences of listing on a US stock exchange; revised corporate compliance program as a result of listing.

Lead counsel representing a Fortune 10 company by handling the FCPA and other compliance negotiations for the company's formation of a joint-venture, real-estate investment vehicle with the investment arm of a leading Middle Eastern government; designed compliance program and employee manual for the j.v. entity.

Lead counsel representing a Fortune 100 company by conducting the due-diligence investigation and negotiations concerning the FCPA and Mexican-law implications of a proposed acquisition; handled the self-report to US enforcement authorities.

Representing a Fortune 100 company by running more than one dozen compliance investigations on four continents for issues under the FCPA, and managing the investigation self-reports to US enforcement authorities; drafted compliance policies and procedures following conglomerate-wide risk assessment.

Designing a corporate compliance manual for a multinational construction concern for non-US anti-bribery laws enacted pursuant to the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.

General Representation

Mr. Grannon serves as outside general counsel to the leading corporate advocacy association in the United States.

Speaking Engagements

"How to Settle a Patent Case After Actavis", April 16, 2015: at the 63rd Annual Antitrust Law Spring Meeting of the American Bar Association, (presenter)

"Hot Topics in the Appellate Courts", November 6, 2014: 2014 Fall Forum of the Antitrust Section of the American Bar Association, (panelist)

"The US Supreme Court: Previewing the October 2014 Term", October 1, 2014: a media briefing hosted by the Washington Legal Foundation, (moderator)

"Antitrust Implications for Cross-licensing", August 8, 2014: at the annual meeting of the American Bar Association, Section of Intellectual Property Law IP Central conference, (presenter)

"A Discussion with the Director of Bureau of Competition of the Federal Trade Commission on the Supreme Court's Actavis Decision", June 12, 2014: at the 2014 Bates White Life Sciences Symposium, (panelist)

"Actavis: One Year Later", June 11, 2014: sponsored by the Intellectual Property and Health Care & Pharmaceuticals Committees of the Antitrust Section of the American Bar Association, (panelist)

"Counseling Pharmaceutical Patent Settlements After Actavis", May 13, 2014: at the Antitrust in Healthcare Conference sponsored by the American Bar Association’s Antitrust and Health Law Sections and the American Health Lawyers Association, (presenter)

"Defense counsel in the mock trial program on 'reverse payment' settlements of pharmaceutical patent litigation under the Supreme Court’s new standard announced in 'FTC v. Actavis'", March 27, 2014: 62nd Annual Antitrust Law Spring Meeting of the American Bar Association

"Liability Risks for Globally Active Companies: Anti-bribery/FCPA and Competition/Antitrust", November 14, 2013: at the Seventh Annual Transatlantic Business Conference sponsored by the American Chamber of Commerce in Germany e.V., (presenter)

"Waking the Sleeping Giant: Competition Issues in the Pharmaceutical Industry", October 3, 2013: at the Annual Competition Law Fall Conference of the Canadian Bar Association, (panelist)

"Working with the DOJ and FTC: How the Agencies Differ at the Investigation Stage", July 30, 2013: sponsored by the Federal Civil Enforcement Committee of the Antitrust Section of the American Bar Association, (panelist)

"Reverse Payments Update: Key Strategies to Bring to the Settlement Table", July 17, 2013: American Conference Institute's Legal and Regulatory Summit on Generic Drugs, (panelist)

"The U.S. Supreme Court: Reviewing the October 2012 Term", June 25, 2013: Washington Legal Foundation, (presenter at the media briefing) (host)

"Reverse Payment Patent Settlements: The Supreme Court Has Spoken", June 18, 2013: sponsored by the Health Care and Pharmaceuticals Committee of the Antitrust Section of the American Bar Association, (panelist)

"Reverse Settlements", June 10, 2013: 2013 Bates White Healthcare & Life Sciences Symposium, (panelist)

"Representing Foreign National Defendants Before the Antitrust Division of DOJ", June 5, 2013: sponsored by the Antitrust Subcommittee of the White Collar Crime Committee of the Criminal Justice Section of the American Bar Association, (panelist)

"Federal Trade Commission v. Actavis, Inc., et al.: Supreme Court Showdown on 'Reverse Payment' Settlements", March 13, 2013: 2013 Patent Litigation Seminar sponsored by the New Jersey Intellectual Property Law Association, (presenter)

"The Dispute Over 'Reverse Payment' Settlements in Pharmaceutical Cases: Will the Supreme Court Have a Cure?", January 24, 2013: Annual Meeting of the Antitrust Law Section of the New York State Bar Association, (panelist)

Awards & Recognition

Ranked in Chambers USA - Antitrust (since 2014)

Named in Euromoney's Guide to the World's Leading Competition and Antitrust Lawyers/Economists (since 2014)

Named as a "Highly Recommended" Washington, D.C. antitrust practitioner by the Global Competition Review (since 2013). In this ranking for 2015, the Global Competition Review described the firm as "what may be the nation's preeminent reverse-payment settlement defence team," adding, "This focus has been intensified by partner Eric Grannon, whom rivals call impressive for his passionate advocacy on behalf of drug makers...."

Ranked a "Super Lawyer" in the antitrust litigation category by the Washington, D.C. Super Lawyers magazine (since 2013)

Named a "Litigator of the Week" by the Am Law Litigation Daily for successfully arguing an antitrust appeal against the Federal Trade Commission (FTC) (2012)