Jane E. Willis
Jane is co-head of Ropes & Gray’s business and securities litigation practice group. As a seasoned trial lawyer, she focuses her practice on complex business and class action litigation, including antitrust and healthcare matters. She is experienced in health care law, antitrust law, and merger and acquisition disputes.
As lead counsel, Jane represents a wide range of clients including publicly-traded companies, real estate investment trusts, healthcare systems, and private equity funds. Her healthcare client list includes non-profit and for–profit hospitals, hospital and healthcare systems, academic medical centers, senior living providers, managed care companies, and other healthcare industry participants. In addition to healthcare, Jane has experience in a range of industries including consumer electronics, consumer products, sports, transportation, and real estate.
Jane was named the Best Lawyers 2015 Antitrust Law “Lawyer of the Year” in Boston.
As a part of her antitrust practice, Jane has represented many of the firm’s 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.
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.
According to Best Lawyers 2015: “Jane is smart, effective, and quick on her feet as well as a thorough and thoughtful advocate.”
Representative Litigation Matters Include:
- 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.
- 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.
- TravelCenters of America. Lead counsel for Fortune 500 company in multiple litigation and arbitration matters, including class action antitrust litigation and multidistrict consumer class actions arising out of consumer protection claims brought in 28 states.
- 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.
- 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 civil 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.
- HealthSouth Litigation. First-chair trial counsel for a publicly traded REIT in a successful trial against HealthSouth involving the ownership of certain rehabilitation hospitals.
- William W. Backus Hospital. Trial counsel for community hospital in litigation arising out of peer review process.
- 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.
Representative Antitrust Transactional Matters Include:
Jane has extensive experience handling antitrust advocacy and counseling in connection with hospital and health care transactions in many states, including: New York, New Jersey, California, Massachusetts, Florida, Texas, Arizona, Louisiana, Utah, Maine, New Hampshire, Rhode Island, and Connecticut.
Jane’s merger advocacy representations and antitrust counseling experience also includes matters for: TJX Companies, Inc. (T.J.Maxx, Marshall's, and Home Goods brands), J. Crew Group, Inc., Samsonite Corporation LLC, Vi-Jon Laboratories (a private label manufacturer of health and beauty products), and Vlingo Communications (a voice recognition provider).
- 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)