Jaclyn Phillips

Associate, Washington, DC

Biography

Overview

Jaclyn Phillips is an associate in the firm's Global Antitrust/Competition practice group, who focuses on complex litigation in the areas of antitrust, intellectual property, and class actions. She has notable appellate experience, and counsels clients on antitrust issues. Jaclyn represents several leading global pharmaceutical companies, including Allergan and Boehringer Ingelheim, in class action litigation matters at the cutting edge of antitrust and intellectual property.

Jaclyn also has an extensive pro bono practice, with a particular focus on immigration matters.  She has represented clients who were granted asylum in the United States.

Jaclyn graduated from Georgetown University Law Center cum laude in 2013, where she served as an Articles & Notes Editor on the American Criminal Law Review.

Bars and Courts
US District Court for the Southern District of New York
US District Court for the Eastern District of New York
New York State Bar
District of Columbia Bar
Education
JD
Georgetown University Law Center
BA
Binghamton University
Languages
English

Experience

Representation of several leading innovator pharmaceutical manufacturers in multiple class action antitrust challenges to patent settlement agreements and other business arrangements between innovator and generic manufacturers.

Representation of Allergan/Warner Chilcott in a reversal of class certification by the First Circuit US Court of Appeals.  The ruling bans the widespread use of aggregate proof and post-trial affidavits as a substitute for fact-finding by juries under the Seventh Amendment of the US Constitution and Rule 23.Representation of Boehringer Ingelheim in an antitrust class action challenging a patent settlement.

Representation of Allergan/Warner Chilcott in a number of antitrust class actions involving challenges to new-product introductions, patent settlements, and license agreements.

Key member of trial team that represented Anthem, Inc. against claims brought by the US Department of Justice to block Anthem's US$54 billion acquisition of Cigna Corporation.

Following trial, an expedited appeal to the D.C. Circuit was filed. The D.C. Circuit granted expedition, reviewed the appeal, heard oral argument and ruled on the merits, all within the span of two and a half months. This was the first time the D.C. Circuit has ever granted and heard an expedited appeal of a merger matter in such a compressed time frame, paving the way for more merger review in this appellate court. After receiving a split in the D.C. Circuit and a highly favorable dissent, Anthem filed a petition for a writ of certiorari to the Supreme Court only one week later.

Key member of a number of appellate teams that represented clients in the First, Second, Third, and D.C. Circuits

Awards and Recognition

Jaclyn Phillips was named a "Litigator of the Week" by Global Competition Review for securing reversal of class certification in the Asacol® product-hopping litigation.