Steve brings extensive experience handling complex litigation and government investigations. He represents clients from diverse industries in business and consumer litigation. He also offers clients specialized counseling on antitrust, privacy and advertising matters. From his extensive record in government service, Steve has developed a keen insight that can be invaluable to representing clients before agencies and managing internal investigations.  

Before joining Shook, Steve was a senior attorney at the Federal Trade Commission (FTC) where he led antitrust investigations in the health care and pharmaceutical industries, as well as represented the agency in litigation. As a result of his work at FTC, Steve received the prestigious Janet D. Steiger award on two occasions for his contributions to government enforcement actions and litigation. Steve’s record of public service also includes serving as a Special Assistant U.S. Attorney for the District of Columbia, managing a caseload of more than 100 criminal cases.

Steve’s antitrust experience includes serving on an interagency team that reviewed health care joint ventures participating in the U.S. Department of Health and Human Services’ Accountable Care Organization program for their competitive impact. He also analyzed settlement agreements entered into between pharmaceutical companies in Hatch-Waxman litigation matters for antitrust compliance.
 

Representative Matters

FTC v. Actavis: Core member of the FTC team that undertook the underlying investigation and initial challenge of an alleged reverse payment patent litigation settlement agreement between the manufacturer of a testosterone replacement drug and two manufacturers of competing generic versions of the drug. On certiorari, the U.S. Supreme Court reversed the federal circuit court’s  dismissal, allowing so-called reverse payment patent litigation settlement agreements to come under antitrust scrutiny.

In the Matter of Evanston Northwestern Healthcare Corp.: Member of the FTC trial team that successfully challenged the consummated merger of two health systems in the Chicago area suburbs.

FTC v. CSL Limited: A leading member of the FTC team challenging the proposed merger of two of the three largest producers, at the time, of plasma-derived protein therapies in the U.S. Led the team’s effort in proving the difficulty of competitive entry and expansion in that market. The parties abandoned the proposed merger before trial following the FTC’s lawsuit.

In the Matter of CentraCare Health System: Represented the FTC in its investigation of a large health system’s acquisition of a multispecialty medical practice group in central Minnesota. In a consent order, CentraCare agreed to release some physicians from “non-compete” contract clauses so they could join local competing practices or establish their own practice in the area.

In the Matter of Keystone Orthopaedic Specialists, LLC: Played a leading role in the investigation of a consummated merger of six orthopedic practices in Berks County, Pennsylvania. The parties agreed to a consent order that preserved the separation of one of the six practices and required prior approval before acquiring another orthopedic practice in the area.

Presentations

Panelist, Moving to a Career in the Private Sector After Government Service, University of North Texas at Dallas College of Law, April 19, 2021.

Moderator, Antitrust Implications of Healthcare Provider Consolidation, CLE Webinar, Antitrust, UCL and Privacy Section, California Lawyers Association, September 10, 2020.  

Moderator, BIPA, GDPR and Now the California CCPA - 2020 Deadline? What's Next? 5th Annual Meeting of The Government Investigations & Civil Litigation Institute, Lake Tahoe, Nevada, October 14, 2019.

Panelist, New Frontiers in Antitrust, ABA Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York City, May 3, 2019.

Panelist, The Impact of Emerging Technologies to Legal and Risk Management Professionals, 2019 National Bar Association-Commercial Law Section Corporate Counsel Conference, Orlando, Florida, January 31, 2019.

Co-Presenter, Recent Enforcement Trends in Life Sciences - Understanding Areas of Concern from Advertising/Promotion to Competition and GMP Enforcement, ABA Life Sciences Summit, San Francisco, September 26, 2018 (with Sonali Gunawardhana). 

Panelist, Bid-Rigging Detection, Webinar, ABA, June 21, 2018.

Instructor, The Role of the Agencies: FTC, Antitrust and Health Care Policy, The Washington Campus, Washington, D.C., April 7, 2017.

Faculty, What to do When the Enforcers Call, ABA-AHLA 2016 Antitrust in Health Care Conference, Arlington, VA, May 13, 2016.

Faculty Expert, Health Care Antitrust Fundamentals, ABA Health Law Section, Washington, D.C., March 10, 2016.

Instructor, Training Seminar: Competition Investigations & Merger Review in the Health Care Industry, Competition Commission of India, New Delhi, India, September 22-24, 2014. 

Publications

FTC Challenges Methodist-St. Francis and Hackensack Meridian Health-Englewood Mergers, American Health Law Association, December 21, 2020. 

New Guidance on HSR Reporting Requirements for Not-for-Profit Affiliations, American Health Lawyers Association, November 2018.

California Consumer Privacy Act: A Comprehensive Review, Information Law Journal, Winter 2019 (with Al Saikali and Camila Tobón).

Tenth Circuit Affirms Dismissal of Health System’s Antitrust Suit Against a Health Plan, Antitrust Practice Group Alert, American Health Lawyers Association, July 19, 2017.

Antitrust & Consumer Protection, District of Columbia Practice Manual 2012 Edition, District of Columbia Bar Association, 2012.

Pharmaceutical Industry Antitrust Handbook, Editor, American Bar Association, 2009.