Lisa Jose Fales is a partner in the firm's Regulatory Practice Group and focuses on antitrust, litigation and advertising and marketing law. For 19 years, Ms. Fales has concentrated her practice on civil government antitrust investigations, mergers and acquisitions, antitrust litigation and antitrust counseling. She has represented Fortune 500 multi-national corporations as well as emerging businesses in merger and conduct investigations brought by government antitrust authorities in various industries including healthcare, pharmaceuticals, agriculture, defense, oil and gas, consumer products, supermarkets, satellite broadcast and broadcast media. Ms. Fales has also opposed mergers pending before the antitrust authorities, orchestrated asset divestitures, and worked with clients and court-appointed monitors to ensure complex consent order compliance. Ms. Fales was named one of the "Outstanding Healthcare Antitrust Lawyers" for 2009, 2007 and 2006 by Nightingale's. Ms. Fales was also selected as a Legal Elite winner for 2007 by Washington SmartCEO Magazine for her achievements in antitrust law. Antitrust - Government Investigations, Litigation and Counseling Ms. Fales' government antitrust investigation and litigation experience includes: · representing a large healthcare provider and insurer in connection with a DOJ antitrust investigation involving Sherman Act claims; · defending a multi-national pharmaceutical company in multiple FTC investigations for alleged antitrust violations involving patent litigation settlements, and defending the company in related private class action lawsuits; · defending a leading consumer products company against allegations of Sherman Act violations involving monopolization and predatory practices; · defending a client against DOJ criminal bid-rigging allegations; · defending a major defense company against an FTC challenge to its proposed merger; and · litigating to modify a DOJ antitrust consent decree. Ms. Fales regularly provides comprehensive strategic advice to corporate clients and trade and professional associations regarding a myriad of antitrust issues, including antitrust litigation and merger strategy, challenges to competitors' conduct, compliance programs and audits, and distribution practices. Advertising and Marketing - Government Investigations, Litigation and Counseling Ms. Fales has extensive experience in advertising and marketing law, with emphasis on Internet marketing, advertising content, electronic commerce, and privacy and data security. She has represented many clients in connection with FTC and state attorneys general investigations challenging practices in these areas. In addition, Ms. Fales regularly counsels clients on developing the most effective marketing campaigns while ensuring legal compliance. She has also represented multiple defendants in an Internet marketing case that resulted in precedent-setting law in California. Ms. Fales was a legislative specialist with the Consumer Protection Division of the Maryland Attorney General's Office from 1983 to 1989. Significant Matters Ms. Fales significant matters comprise multiple nonpublic antitrust investigations, including defending a large healthcare provider and insurer in connection with a DOJ antitrust investigation alleging Sherman Act violations; defending a multi-national pharmaceutical manufacturer in multiple FTC antitrust investigations involving patent litigation settlements; and mergers involving a variety of industries. Ms. Fales' work on mergers investigations includes: · Univision's acquisition of Hispanic Broadcasting Corporation; · Nestlé's acquisition of Ralston Purina; · Chevron's acquisition of Texaco; · Sunoco's acquisition of various refineries, chemicals and other assets; · Albertson's acquisition of American Stores; · Delhaize America's acquisition of Hannaford Brothers' supermarkets; and · Lockheed Martin's attempted acquisition of Northrop Grumman. Activities Ms. Fales is a member of the Antitrust Section of the American Bar Association and serves as Associate Editor of its Antitrust Magazine. She is also a member of the D.C. and Maryland Bar Associations and has served as Chairperson of the D.C. Bar Association's Consumer Affairs Committee. Ms. Fales served on the Board of Directors of the Women's Law Center for Maryland, the Benefits Committee of the NOW Legal Defense and Education Fund, and as a tutor for underprivileged children in D.C. Industries Consumer Products and Services Pharmaceuticals Consumer Financial Protection Bureau Task Force Government Experience Legislative and Education Specialist, Office of the Maryland Attorney General, Consumer Protection Division Memberships American Bar Association, Antitrust Section D.C. Bar Association Maryland Bar Association NOW Legal Defense and Education Fund Women's Law Center for Maryland News December 19, 2011, Robert Davis, Longtime Antitrust Litigator and Former Advisor to FTC Chair Jon Leibowitz, Joins Venable June 2, 2011, Venable partner Lisa Jose Fales appointed to serve as associate editor of the American Bar Association's Antitrust Magazine January 28, 2010, Lisa Jose Fales Named "Outstanding Healthcare Antitrust Lawyer" by Nightingale's Healthcare News October 18, 2004, Lisa Jose Fales Joins Venable's Advertising/Marketing Practice Publications July 2011, DOJ & FTC Revise Premerger Filing Requirements
Lisa Jose Fales, Erin E. Seder
Related Topic Area(s): Antitrust and Trade Regulation May 2011, Container Liner Shipping Sector "Dawn Raided" in EU
Ashley W. Craig, Lisa Jose Fales, Lindsay B. Meyer
International Trade Alert September 2010, Suggested Approaches to Preemption Following the Dodd-Frank Act
CFPB Watch July 2010, Venable CFPB Watch: Introducing the New Sheriff in Town
CFPB Watch May 2010, The NFL Takes an Antitrust Hit: The American Needle Decision and Its Impact on Joint Activities by Competitors
Lisa Jose Fales, Jennifer T. Mallon
Client Alerts
Related Topic Area(s): Antitrust and Trade Regulation March 31, 2010, Don't Shoot Your Merger in the Foot: What You Need to Know about Gun Jumping under the Hart-Scott-Rodino Act
Lisa Jose Fales, Andrew E. Bigart March 2010, US Set to Examine Competition Issues in Ocean Transportation Industry
Ashley W. Craig, Lisa Jose Fales, Lindsay B. Meyer, Jennifer T. Mallon, Robert L. Hart
Client Alerts April 24, 2009, Appropriations Act Authorizes More Than Millions
Lisa Jose Fales, Suzanne Fay Garwood, Edward F. Glynn, Jr., Joseph T. Lynyak, III, Tara Sugiyama Potashnik
Financial Services Alert August 9, 2007, The FTC Concludes Consummated Illinois Hospital Merger Is Anticompetitive but Reverses Administrative Law Judge's Decision Requiring Divestiture
Lisa Jose Fales
Healthcare Alert August 2006, Defusing the Powder Keg: Minimizing Associations' Antitrust Risk
Lisa Jose Fales, Jeffrey S. Tenenbaum, Jennifer T. Mallon
Related Topic Area(s): Antitrust and Trade Regulation May 19, 2006, The Top Five Association Antitrust Pitfalls - And How To Avoid Them
Lisa Jose Fales, Jeffrey S. Tenenbaum, Jennifer T. Mallon
Related Topic Area(s): Antitrust and Trade Regulation May 18, 2006, Critical Antitrust Issues Facing the Construction Industry
Lisa Jose Fales Spring/Summer 2006, The FTC's Use of its Unfairness Jurisdiction in Data Security Breach Cases: Is it Fair?
Lisa Jose Fales, Jennifer T. Mallon
The Secure Times Newsletter March 2006, Current Legal Trends in Information Privacy and Data Security
Lisa Jose Fales, Jennifer T. Mallon
Georgetown University Law Center's 10th Annual Corporate Counsel Institute October 17, 2005, HNBA Privacy Presentation
Lisa Jose Fales February 11, 2005, Recent Court Rulings Undermine Suits Against Alcohol Advertising
Ronald M. Jacobs, Lisa Jose Fales
Washington Legal Foundation July 1, 2004, A Shield and a Sword: Consumer Protection as a Defense to and Basis for Antitrust Liability
Lisa Jose Fales Events/Speaking Engagements Ms. Fales routinely gives presentations to trade and professional associations regarding antitrust compliance issues. Past Events November 19, 2009, Competition Law - A Survival Guide
Lisa Jose Fales April 30, 2009, Maritime Law Association Spring 2009 In-House Counsel Section Meeting
Lisa Jose Fales, Ashley W. Craig April 21, 2009, Top 10 Tips To Avoid/Handle a Government Investigation--For Advertisers, Affiliates & Networks
Emilio W. Cividanes, Todd A. Harrison, Thomas A. Cohn, Lisa Jose Fales December 16, 2008, Lisa Jose Fales and Claudia Lewis-Eng provided an FTC/FDA seminar to Univision's legal department
Lisa Jose Fales, Claudia A. Lewis-Eng 10.21.2008, Presentation to Online Lenders' Alliance: "FTC And State Attorneys General: How to Avoid Being Investigated and What to Do (and Not Do) If Your Company is"
Lisa Jose Fales May 2, 2007, National Cooperative Business Association's Annual Conference
Lisa Jose Fales May 18, 2006 - May 19, 2006, ABA Forum on the Construction Industry Annual Meeting
Lisa Jose Fales March 9, 2006 - March 10, 2006, Georgetown University Law Center's Annual Corporate Counsel Institute 2006
Lisa Jose Fales October 17, 2005, HNBA Privacy Presentation
Lisa Jose Fales 2003, "Upfront Strategies for Handling a Government Investigation" at the 2003 National Institute for Women Corporate Counsel Conference
Lisa Jose Fales 1999, "Limits on Defense Consolidation: Are We There Now?" at the ABA Section of Contract Law Annual Meeting
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