Jaclyn Phillips
Biography
Overview
Jaclyn Phillips is a senior associate in the Antitrust/Global Competition practice, focusing on antitrust – including complex litigation, counseling, and government investigations.
Jaclyn guides clients through all stages of high-risk litigation and is often a core member of teams defending large-scale class actions. In particular, leading global pharmaceutical companies rely on Jaclyn's experience at the cutting edge of antitrust and intellectual property. She also works on appeals for clients, including before the D.C. Circuit Court of Appeals.
In addition to her litigation work, Jaclyn has an active antitrust counseling practice, advising clients on novel competition issues that require executable business solutions. Clients in various industries, including pharmaceuticals, technology, airlines, and food and beverage, have turned to her for counseling on a range of competition issues.
Jaclyn is committed to pro bono matters at the firm, with a particular focus on immigration matters. She has successfully helped her clients obtain asylum in the United States.
Jaclyn is a well-known author on timely and developing antitrust issues, including on emerging issues in the technology sector.
She is a frequent host of the ABA Antitrust Law Section's podcast Our Curious Amalgam, where she leads discussions with accomplished guests. She currently serves as a Vice Chair of the Podcast Programming Administrative Committee.
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.
Experience
Counsel for Gilead in complex antitrust class actions pending in N.D. Cal. concerning numerous innovative HIV treatments and related joint venture agreements and patent settlements.
Represented Pfizer in ground-breaking litigation challenging Johnson & Johnson's efforts to deter biosimilar competition in respect of its blockbuster biologic, Remicade.
Representation of an airline in a class action alleging violations of Section 1 of the Sherman Act and state law, resulting in a successful motion to dismiss in the District of Maryland.
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.
Jaclyn is a frequent co-host of the ABA Antitrust Law Section's podcast, Our Curious Amalgam, which explores topics in antitrust, competition, consumer protection, data protection, and privacy law. Take a listen to Jaclyn's recent Our Curious Amalgam podcasts!
"Antitrust in 2022 – the view from White & Case" Chambers, 2022
"Big Data and Data-Related Abuses of Market Power," P. Akman, O. Brook, K. Stylianou (eds). Research Handbook on Abuse of Dominance and Monopolization (Edward Elgar Publishing), Forthcoming (co-author with Tilman Kuhn, Kristen O'Shaughnessy, Tobias Pesch, and D. Daniel Sokol)
Jaclyn Phillips was included in the 2023 edition of the Best Lawyers: Ones to Watch in America™ for her work in Commercial Litigation.
Vice Chair of the Podcast Programming Administrative Committee for the ABA Antitrust Law Section during the 2022-2023 ABA year
Young Lawyer Representative of the ABA Antitrust Law Section for the 2021-2022 ABA year
2018 White & Case Pro Bono award
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.
