Jay Levine is a partner in the firm’s Washington, D.C. Litigation Department and co-chair of the Antitrust Practice Group. His practice is concentrated in complex litigation and counseling, particularly antitrust and consumer protection matters.
Jay has extensive litigation experience in a variety of industries, particularly agriculture, health care, pharmaceuticals and consumer products. Jay represents numerous clients in high-stakes litigation, many of them class actions where the plaintiffs seek billions of dollars in damages. He is currently defending the nation’s second largest egg producer against claims of conspiring to raise the price of eggs. He also represents several Japanese auto parts manufacturers accused of price-fixing.
With respect to health care, Jay has represented medical device and pharmaceutical companies in several antitrust and competition-related actions, many of which involved issues not previously litigated. He regularly helps providers and health systems navigate antitrust issues. Jay was a senior member of the trial team that defended against a challenge by the Federal Trade Commission to enjoin the merger of two suburban Chicago hospitals. That case, In the matter of Evanston Northwestern Healthcare Corp., presented many novel issues. He played a critical role in United States v. Long Island Jewish Medical Center, the Department of Justice's attempt to prevent the merger of two New York health systems. After a six-month investigation and one-month trial, the court denied the government’s request.
A significant portion of Jay’s practice focuses on counseling clients engaged in mergers and acquisitions. He regularly counsels such clients before the Federal Trade Commission, the Antitrust Division of the Department of Justice, and before states’ antitrust authorities. Over the past few years, he has successfully obtained clearance from the antitrust authorities in a number of competitively sensitive transactions. These transactions occurred in a variety of industries, including high-tech, food and beverage distribution, logistics, consumer products, fashion and health care. Jay also regularly advises private equity funds concerning their strategic initiatives.
In addition to litigation and merger defense, Jay counsels clients on a wide range of domestic and foreign antitrust and trade regulation matters, including pricing and distribution restrictions, joint ventures, exclusive dealing, price discrimination and advertising matters.
On the consumer protection front, Jay advises clients on matters relating to false advertising, marketing, promotion and privacy/data security matters. He represents clients before the FTC's Bureau of Consumer Protection and state consumer protection authorities. Jay has handled data breach notifications for clients and helped them devise privacy protocols, as well as a crisis management response, in the event of a data breach. Jay also defends clients in the subsequent class action that inevitably follows data breaches.
Jay regularly speaks on antitrust, litigation, and intellectual consumer protection issues, and can be followed on Twitter @JayLLevine. He is also the managing editor of the firm's innovative Antitrust Law Source blog and host of its podcast, as well as a contributing author to the firm's Technology Law Source blog.