Jane E. Willis
Jane became a member of the firm’s Policy Committee (the firm’s governing body) in 2019, after serving for several years as co-chair of the global Litigation and Enforcement Practice. Jane focuses her practice on complex business litigation and antitrust matters, 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 has been named the Best Lawyers “Lawyer of the Year” for Antitrust in Boston for several years, including 2022. Jane also maintains a Chambers Band 1 ranking. According to 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 hospitals and health care systems, commercial health and dental payors, physician practice management companies, medical device and biotech companies, pharmacies, home health care providers, and senior living providers. 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 in civil investigations by the Federal Trade Commission and the U.S. Department of Justice Antitrust Division, as well as criminal antitrust investigations by the U.S. Department of Justice. Jane also represents many clients in mergers and acquisitions subject to antitrust merger review and investigation by the DOJ and the FTC.
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 represented Harvard Pilgrim Health Care, Inc. in its successful antitrust advocacy with the DOJ in connection with its merger with Tufts Health Plan, Inc.
Jane has extensive experience in antitrust merger advocacy for health care providers and other clients at the Federal Trade Commission. By way of example, Jane has advised on antitrust transactions involving hospitals, outpatient facilities, and specific physician specialties, such as cardiology and anesthesiology. Jane has advised and advocated on behalf of health care provider clients in many states, including: New York, New Jersey, California, Massachusetts, Florida, Georgia, Texas, Arizona, Colorado, Utah, Maine, New Hampshire, 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.
- 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, “FTC opposition ends another hospital deal,” Modern Healthcare (June 17, 2022)
- Quoted, “They’ve Got Next: Healthcare and Life Sciences Fresh Face Rob Roberts,” Bloomberg Law (April 22, 2021)
- 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)
- American Health Law Association, 2022 Academic Medical Center Institute, “Health Care Antitrust Enforcement in the Biden Administration: A New Frontier?” (February 2022)
- American Health Law Association, 2021 Health Care Transactions Program, “Lesser-Known Challenges in Challenging Deals” (April 2021)
- 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)
- “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)
- American Bar Association, “In-House Counsel Update: Private Antitrust Litigation,” (November 2009)
- JD, magna cum laude, Harvard Law School, 1994
- BA (Applied Mathematics), Harvard University, 1991; Phi Beta Kappa
Admissions / Qualifications
- New York
- District of Columbia
- U.S. District Court for the District of Massachusetts
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of Wisconsin
- Chambers USA: America's Leading Lawyers for Business (2022)
- According to the 2021 edition of Chambers USA: Jane “is very knowledgeable about the healthcare industry" and "a top antitrust litigator."
- The Best Lawyers in America (2023)
- The Best Lawyers in America, Boston Antitrust Law “Lawyer of the Year” (2015, 2018-2019, 2022)
- Massachusetts Super Lawyers – top 50 Women Lawyers (2019)
- Who’s Who Legal: Competition Global Leader (2019)
- Legal 500 US, Merger Control (2019)
- Legal 500 US, Antitrust- Civil Litigation/Class Actions, Litigation (2015-2018)
- Chambers USA Women in Law Awards, Finalist (2014)
- Massachusetts Lawyers Weekly’s Top Women of Law (2013)
- 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.”
- According to the 2015 Best Lawyers “Jane is smart, effective, and quick on her feet as well as a thorough and thoughtful advocate.”
- According to the 2014 edition of Chambers USA: Jane Wills is a “very skillful lawyer” who is “incredibly easy to work with and incredibly supportive.”
- According to the 2013 edition of Chambers USA: Jane Willis wins plaudits from sources for being “very smart, practical and effective.”
- According to the 2012 edition of Chambers USA: Clients praise Jane’s “ability to focus on the important details and communicate them in a meaningful commercial way.”
- According to the 2011 edition of Chambers USA: Sources praise her “terrific communication and interpersonal skills.”
- According to the 2010 edition of Chambers USA: “Jane Willis’s expertise encompasses antitrust counseling and litigation and she is viewed as ‘an excellent lawyer with a strong practice.’”
- According to the 2008 edition of Chambers USA: “The ‘extremely thoughtful and practical’ Jane Willis is admired for ‘balancing business imperatives with legal considerations.’"