Jane E. Willis
Jane is co-chair of the Litigation and Enforcement practice group. A seasoned trial lawyer, she focuses her practice on antitrust matters and complex business litigation, including in large part, matters for health care and life sciences clients. In addition to merger review matters before the antitrust agencies, she is experienced in merger and acquisition disputes.
Jane was named the Best Lawyers “Lawyer of the Year” for Antitrust in Boston in 2018 and 2019. Jane also has a Chambers Band 1 ranking. According to the 2018 edition of Chambers USA: Jane Willis “balances technicalities of the law with practicalities of business,” according to one client, while another describes her as “a terrific attorney, extraordinarily responsive, very smart and a quick study.”
As lead counsel, Jane represents a wide range of clients including health care systems, publicly-traded companies, real estate investment trusts, and private equity funds. Her health care and life sciences client list includes non-profit and for–profit hospitals and health care systems, academic medical centers, medical device companies, biotech companies, managed care companies, senior living providers, and large physician practices. In addition to health care, Jane has handled antitrust matters for a range of industries including consumer electronics, consumer products, sports, and transportation.
As a part of her antitrust practice, Jane has represented many clients, including health care and medical device clients, in mergers and acquisitions subject to antitrust merger review and investigation by the U.S. Department of Justice Antitrust Division and the Federal Trade Commission. Together with her colleagues, Jane coordinates pre-merger filings globally for multi-national transactions.
Jane has been interviewed for her antitrust experience by various publications including The Wall Street Journal, The Boston Globe, Los Angeles Times, Fortune, Legal Times, National Law Journal, Competition Law 360, Health Law 360, Modern Healthcare, Reuters, Associated Press, and Bloomberg News Services.
Representative Antitrust Transactional Matters Include:
Jane has extensive experience in antitrust merger advocacy at the Federal Trade Commission, including before the Mergers I and Mergers 4 groups, which review pharmaceutical, medical device, and health care transactions. By way of example, Jane has handled merger advocacy for transactions involving neurosurgery, cardiac surgery, and radiology. Jane has advocated to the FTC or state attorneys general in connection with hospital and health care transactions in many states, including: New York, New Jersey, California, Massachusetts, Florida, Georgia, Texas, Arizona, Colorado, Louisiana, Utah, Maine, New Hampshire, Rhode Island, and Connecticut.
Representative Litigation Matters Include:
- Boston Children’s Hospital. Successfully defeated three preliminary injunction attempts, and successfully defeated a challenge to a determination of need, brought by opponents of a much needed modernization and expansion project to build, among other things, a state-of-the-art NICU and heart center at Boston Children’s Hospital.
- TravelCenters of America. Lead counsel for Fortune 500 Company in multiple litigation and arbitration matters, including federal antitrust litigation, multi-district consumer class actions for 28 states, and a successful trial against a card issuer in Delaware Chancery Court.
- IASIS Healthcare. Lead counsel for for-profit health system in multiple matters, including in defense of class action antitrust litigation, in antitrust litigation over peer review matters, and in mergers & acquisition disputes.
- Leading Massachusetts Biotech Company. Lead counsel in successful defense of attempt by distributors to obtain a preliminary injunction against change in distribution system for leading multiple sclerosis drug. Won dismissal of case after defeat of preliminary injunction.
- Harvard Pilgrim HealthCare. Lead counsel in successful appeal on behalf of Harvard Pilgrim Health Care of decision by Division of Insurance resulting in overturning rate caps and price controls.
- Five Star Quality Care, Inc. Lead counsel for publicly traded NYSE health care company in multiple matters, including a suit brought by Five Star against a manager of health care facilities.
- HealthSouth Litigation. First-chair trial counsel for a publicly traded REIT in a successful trial against HealthSouth involving the ownership of certain rehabilitation hospitals.
- Daewoo International. Successfully obtained dismissal for Korean company named as a defendant in a class action antitrust case arising out of an alleged international cartel.
- Hitachi-LG Data Storage. Co-lead counsel for a Korean-Japanese joint venture in defending antitrust class actions alleging price-fixing in the optical disk drive industry. Successfully defeated a class certification motion filed by direct purchaser and indirect purchaser plaintiffs.
- Boston Red Sox. First-chair trial counsel in a successful trial in U.S. Bankruptcy Court and first chair counsel in a preliminary injunction proceeding in U.S. District Court to ensure the establishment of an entertainment concourse on game days on Yawkey Way near Fenway Park.
- Quoted, “Massachusetts Powerhouse: Ropes & Gray,” Law360 (August 31, 2018)
- Quoted, “Innovation Economy Drives Massachusetts Powerhouses,” Law360 (August 27, 2018)
- Quoted, “Jumping the gun,” Private Funds Management (July/August 2017)
- Quoted, “ 米国司法を取り巻く米国の民事訴訟と司法調査の最新動向 (Recent developments in U.S. Civil Litigation and DOJ Investigations),” Business Law Journal No.102 (July 21, 2016)
- Jane E. Willis, Deborah L. Gersh, and Amy Paul, “Takeaways From High Court's NC Dental Opinion,” Health Law360, Appellate Law360 (March 2015)
- Jane E. Willis and Amy Paul, “North Carolina Dental: The Supreme Court and State Action Antitrust Immunity,” CPI Antitrust Chronicle (April 2014)
- Jane E. Willis and Lauren Graber, “Supreme Court Keeps AG 'Class Actions' in State Court,” Corporate Counsel (March 2014)
- Jane E. Willis and Ryan P. McManus, “Healthcare Reform and Antitrust Enforcement: Provider Consolidation Encouraged, Scrutinized,” Competition Policy International: Antitrust Chronicle (July 2012)
- Jane E. Willis, Mark S. Popofsky, and Daniel J. Bachner “ACOs and Antitrust Enforcement: Familiar Rules Raise New Concerns,” Competition Policy International (May 2011)
- Jane E. Willis and Anne E. Johnson, “Certification of a National Class under State Law: Is Electronic Arts a Trend or an Outlier?” Bloomberg Law Reports: Class Actions (March 2011)
- Jane E. Willis and David T. Cohen, “Ninth Circuit Brings Greater Scrutiny to Class Counsel's Fees in In Re Mercury Interactive Corp.,” Bloomberg Law Reports: Class Actions/Securities Litigation and Enforcement (October 2010)
- Jane E. Willis and Daniel J. Bachner, “How Hollywood Manages Its Channels,” Competition Law 360 (February 2010)
- Jane E. Willis and F. Turner Buford, “Articulating Twombly: The Supreme Court's Iqbal Framework for the Lower Federal Courts,” Pretrial Practice and Discovery, American Bar Association Litigation Section (Fall 2009)
- Stephen A. Warnke, Daniel T. Roble, and Jane E. Willis, “Is Massachusetts Poised to Leap Ahead of the Curve on Health Care Cost Containment?” 15 HPPR 101, BNA Health Plan and Provider Report (August 2009)
- Jane E. Willis and F. Turner Buford, “Pleading Standards in the Federal and State Trial Courts: The Evolving Impact of U.S. Supreme Court Precedent,” Litigation Counsel of America Newsletter (August 2009)
- Jane E. Willis and Matthew P. Garvey, “DOJ Attempts to Lead, but FTC Declines to Follow,” National Law Journal (November 2008)
- Jane E. Willis and Matthew P. Garvey, “Promoting Convergence On Anti-Monopoly Standards,” Competition Law 360 (September 2008)
- Jane E. Willis and Matthew P. Garvey, “Core Approach Is Incorrect - FTC v. WholeFoods Markets,” National Law Journal (August 2008)
- Jane E. Willis and James W. Cobb, “Discrimination Under the Massachusetts Fair Housing Law - DeLiddo v. Oxford Street Realty, Inc.,” 450 Mass. 66 (2007), Boston Bar Journal (May/June 2008)
- Boston Bar Association, Mergers & Acquisitions Conference, “Antitrust Considerations in M&A” (Boston, Massachusetts) (November 2016)
- Speaker, “米国弁護士から学ぶ最新動向 (Recent Developments in U.S. Litigation),” hosted by Epiq Systems (Tokyo and Osaka, Japan) (May 2016)
- American Health Lawyers Association, Moderator, “Provider Consolidation—Update on the Latest Antitrust Enforcement Actions,” American Health Lawyers Association (Washington, D.C.) (February 2016)
- Greater Hospital Association of New York, “Antitrust Considerations in Health Care with a Focus on DSRIP,” (New York, New York) (July 2015)
- MCLE, Lawyer Panelist, “Federal Court Judicial Forum: the U.S. District Court Speaks” (Boston) (March 2015)
- American Bar Association, Section of Antitrust Law, “Clinical Integration: Does One Size Fit All?” (New York, New York) (March 2015)
- Hsinchu Enterprise Management Association, “U.S. Antitrust Update: FRAND, Counterclaims, and Patent Trolls,” (Hsinchu, Taiwan) (June 2014)
- “Intersection of Civil and Criminal Cartel Cases,” (Tokyo, Japan) (June 2014)
- Boston Bar Association, Intellectual Property Committee, "Antitrust/Unfair Competition Claims in Patent Litigation" (Boston, Massachusetts) (May 2014)
- “How Companies Can Use Antitrust to Fight Back Against Patent Aggression,” (Tokyo, Japan) (November 2013)
- “Litigating Technology Cases: Considerations for Korean Companies in U.S. Courts,” (Seoul, Korea) (October 2012)
- “Hot Topics in Life Sciences and Health Care Cross-Border M&A,” (Tokyo, Japan) (April 2012)
- Medical Executive Committee Institute, “Peer Review, Corrective Action, and the Law,” (New Orleans, Louisiana) (March 2011)
- Boston Bar Association, Business Litigation Section, “Price-Fixing Investigations and Class Actions,” (February 2011)
- Seoul National University Center for Competition Law, “Recent Trends in Competition Law Enforcement and the Regulation of Cartel and IP Rights Abuse,” (Seoul, Korea) (October 2010)
- The Japanese Institute of International Business Law, “Developments at the Antitrust and Intellectual Property Crossroads,” (Tokyo, Japan) (July 2010)
- Osaka Bar Association, International Section “Recent Developments in U.S. Antitrust and Intellectual Property Law,” (Osaka, Japan) (July 2010)
- Boston Bar Association, Business Law Section, “Antitrust Law Fundamentals," (February 2010)
- American Bar Association, “In-House Counsel Update: Private Antitrust Litigation,” (November 2009)
- Boston Bar Association, Business Law Section, “The Department of Justice's Single Firm Conduct Report: A Blueprint for the Future or Not?” (November 2008)