Holly Tao

Associate, New York

Biography

Overview

Holly Tao is a senior associate in White & Case's Global Antitrust/Competition practice. She represents leading companies in complex litigations on issues at the forefront of antitrust and intellectual property law. Holly works with clients across a broad range of industries, including pharmaceuticals, technology, financial services, and consumer and retail.

A significant part of Holly's practice focuses on the competition-risk issues of innovator companies. She is regularly a core member of litigation teams representing global pharmaceutical and technology companies in antitrust, patent, and licensing and contractual disputes, as well as government investigations on competition-related conduct. Holly has litigated nationwide, antitrust class-action lawsuits on behalf of pharmaceutical clients, as well as cases arising under the Biologics Price Competition and Innovation Act and the Hatch-Waxman Act. She counsels life sciences companies on patent invalidity and infringement issues.

Holly is also active in the Firm's pro bono work. She represents individuals and organizations at both trial and appellate courts, and has litigated matters regarding US constitutional rights as well as cases brought under Title VII of the Civil Rights Act and the Individuals with Disabilities Education Act.

Bars and Courts
New York State Bar
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
US Court of Appeals for the Federal Circuit
US Supreme Court
Education
JD
Cornell University
BS
Chemistry
Georgetown University
Languages
English

Experience

Defense of Allergan in a nationwide antitrust class-action lawsuit regarding the company's Botox® Cosmetic product, against allegations by plaintiffs that an exclusive license agreement blocked competition in the market for injectable neurotoxins in the United States.

Defense of Gilead in multiple nationwide antitrust class-action lawsuits regarding its portfolio of small-molecule HIV products, against allegations relating to its joint ventures, collaborations for the co-development of products, internal development decisions, and patent-settlement agreements.

Representation of Pfizer regarding a breach of contract dispute relating to claimed royalties for Pfizer’s small-molecule oncology products Xalkori® and Lorbrena®.

Representation of Samsung Bioepis in a litigation arising from the Biologics Price Competition and Innovation Act relating to its biosimilar oncology product Ontruzant®.

Representation of a global pharmaceutical companies in the "patent dance" framework under the Biologics Price Competition and Innovation Act relating to their biosimilar products.

Representation of innovator pharmaceutical companies in a litigation arising under the Hatch-Waxman Act relating to a topical pain-medication product.

Publications

Challenging Standing in Antitrust Class Actions: The Uninjured, Law360, 2023 (co-author with Michael Hamburger)

Challenging Standing in Antitrust Class Actions: Timing, Law360, 2023 (co-author with Michael Hamburger)

Challenging Standing in Antitrust Class Actions: Rule 23, Law360, 2023 (co-author with Michael Hamburger)

Challenging Standing in Antitrust Class Actions: Injury-In-Fact, Law360, 2023 (co-author with Michael Hamburger)

Congress, Courts, and Control Over Persuasive Sources of Law, Gonzaga Law Review, 2016