Orrick Expands Antitrust Team with Two DC Hires

January.03.2022

Eileen Cole and Craig Falls join the firm as partners in our Antitrust and Competition practice
Eileen joins from White & Case, Craig from Dechert
Both bring significant antitrust litigation and M&A regulatory experience, particularly in the life sciences sector. This adds to our bench as antitrust becomes a greater focus of enforcement and corporate strategy in Tech, Life Sciences, Energy and beyond.

Eileen is an antitrust litigator with a strong record litigating complex enforcement matters before the U.S. Department of Justice’s antitrust division, the U.S. Federal Trade Commission and global regulatory agencies. Her experience also includes global cartel investigations and pharmaceutical antitrust cases. She represents corporate and individual clients in criminal investigations and has deep experience defending antitrust class actions. She regularly litigates cases at the intersection of intellectual property and antitrust. Eileen currently serves as vice chair of the American Bar Association’s Intellectual Property and Antitrust Interface Committee.

Craig guides companies in securing antitrust clearances for mergers and acquisitions, as well as defending such transactions in litigation. He advises clients in structuring joint ventures, licensing arrangements and other commercial agreements to minimize antitrust risk, and represents clients in investigations and litigation alleging exclusionary conduct, including with respect to the use of intellectual property. He has advised companies across industries, including a particular emphasis on life sciences, but also internet and e-commerce, energy and transportation. He has published extensively on the application of antitrust law to distribution agreements and pricing practices at various levels of the supply chain. He currently serves as vice chair of the American Bar Association’s Unilateral Conduct Committee.

“There’s little doubt that we are entering an era where antitrust considerations will demand heightened focus whether as a strategic question in evaluating business opportunities, revisiting the rules for acceptable business behavior, or a competitive tactic in the most innovative spaces,” said Jay Jurata, head of Orrick’s global antitrust practice. “We are absolutely thrilled to be expanding our team with Eileen’s and Craig’s talents and experience at this moment, and look forward to further building out that team to meet our clients’ needs.”

Added Anne Murray, co-head of our life sciences practice: “We have made tremendous progress over the past two years building out our holistic offering for the Life Sciences sector with the hiring of 11 partners globally focused in finance, capital markets and M&A, licensing, patent prosecution, and white collar defense. We are excited to now add Eileen’s extensive experience in antitrust enforcement for pharmaceutical companies and Craig’s experience in merger review in life sciences.”

Global Competition Review last year recognized Orrick in its GCR 100, a comprehensive listing of the world’s top competition practices. The firm’s antitrust clients include Microsoft, an online real estate marketplace company, Sonos, ANI Pharmaceuticals and ACV Auctions.

With the addition of Eileen and Craig, we have added 10 partners this year in our DC office, expanding our tech, finance, tax, white collar, cyber and privacy and energy practices.

Related Lawyers

Eileen M Cole Partner, Antitrust & Competition, Antitrust & Competition

Washington, D.C.

See my bio

D:+1 202 339 8460
E: [email protected]

Practice:

Antitrust & Competition
Antitrust & Competition
Antitrust & Competition
Strategic Advisory & Government Enforcement (SAGE)

vCard

See full bio

Eileen M Cole Partner

Washington, D.C.

In 2021, Global Competition Review – Who’s Who Legal named Eileen a "Future Leader" in Competition.

Eileen represents individual and corporate clients in criminal and civil investigations before the U.S. Department of Justice Antitrust Division and the FTC as well as other competition agencies globally. She counsels clients in all aspects of grand jury investigations, criminal trials and sentencing, parallel class action suits, and civil investigations of pricing conduct, and other potential antitrust violations.

Eileen’s work often includes coordination globally of parallel cartel investigations by competition agencies, including the European Commission and competition agencies in Australia, Brazil, Canada, Japan, Korea, Mexico, New Zealand, South Africa, and India. In addition to defending companies under investigation, including through trial, Eileen has also assisted companies in seeking amnesty and leniency in the United States and abroad.

Eileen also regularly represents pharmaceutical clients in complex civil antitrust class action litigations at the intersection of antitrust and intellectual property. These cases involve the complexities of the FDA approval process; orange book listings; petitioning; FDA guidance, labeling, and reporting; state substitution laws; pharmaceutical pricing; formularies and rebates. Eileen has successfully challenged monopolization claims alleging ‘reverse payment” and “product hopping” schemes at the motion to dismiss, class certification, and summary judgment stages. Her work has involved claims brought by competitors as well as class allegations brought by direct and indirect purchasers.

Eileen's approach is to understand early on the complex fact scenarios at the heart of each antitrust case and prepare for trial from the outset. Eileen regularly represents her clients in federal court, including in multi-district class actions. She has great experience in trying criminal and civil antitrust cases, involving claims of monopolization and price-fixing, as well as mergers. Eileen’s extensive knowledge and experience in e-discovery is crucial when counseling clients how to navigate the ever-increasing discovery demands, new and evolving technologies, and privacy challenges for both domestic and foreign clients, while ensuring that the evidence necessary to win is at their fingertips.

Eileen works with corporate clients and individuals in a variety of industries beyond pharmaceuticals, including finance, insurance, auto parts, air cargo, ocean shipping, glass, graphite electrodes, and information technology.

In addition to litigation and defense, Eileen counsels clients on corporate governance and compliance. She advises clients in developing and implementing corporate compliance plans and conducts corporate compliance investigations.

Eileen is also passionate about pro bono work. She has worked on cases involving immigration, asylum and landlord tenant disputes.

She is a member of the New York Bar Association and the Bar Association of the District of Columbia. She also is a member of the American Bar Association and active in the Intellectual Property and Antitrust Sections. Eileen is the vice chair of the Intellectual Property and Antitrust Interfact Committee.

Craig Falls Partner, Antitrust & Competition, Strategic Advisory & Government Enforcement (SAGE)

Washington, D.C.

See my bio

D:+1 202 339 8611
E: [email protected]

Practice:

Antitrust & Competition
Strategic Advisory & Government Enforcement (SAGE)

vCard

See full bio

Craig Falls Partner

Washington, D.C.

Craig has cleared the way for high-profile and highly scrutinized mergers and defended such transactions in litigation when challenged by enforcers. Complementing his merger work, Craig also represents companies in exclusionary conduct investigations and related litigation brought by antitrust enforcers, rival companies, and classes of consumers.

Craig has been on the front lines of cutting-edge antitrust issues, including scrutiny of asset managers under the “common ownership” theory, investigations of patent assertion entities, scrutiny of e-commerce business models, and challenges to pharmaceutical licenses and patent settlements.

He regularly provides antitrust counseling, helping companies structure their joint ventures, licensing arrangements, and other commercial agreements to achieve their business goals at minimized antitrust risk. Craig has published frequently on questions concerning the application of antitrust law to vertical restraints, pricing practices and other relationships between companies operating at different levels of the supply chain.

Craig serves clients in a wide variety of industries, including life sciences, technology, energy, transportation, consumer packaged goods, and retail.

Passionate about pro bono work, Craig focuses on representing the interests of those experiencing homelessness and protects D.C. neighbors facing eviction. He has also represented victims of human trafficking and helped to obtain a trial victory for plaintiffs challenging Wisconsin’s photo identification voter law.

Related Areas

Markets

Washington, D.C.