Jack E. Pace III

Litigation challenging joint ventures and other collaborations
Successfully has represented clients in litigation and government investigations into joint ventures and other collaborations in the financial services, pharmaceutical, medical technology, and sports industries.

Representing a university in class action litigation asserting cartel claims relating to financial aid.

Successfully defended Boston Scientific Corporation in antitrust and False Claims Act litigation regarding challenges to licensing and marketing agreements relating to the sale of prostate cancer treatments.

Regularly counsels clients on the formation of research and marketing collaborations, joint ventures, and startups.

Represented a coalition of economists and university professors submitting an amicus brief on the proper application of the antitrust laws in the United States Supreme Court appeal regarding compensation for NCAA student-athletes.

Antitrust and innovation
Successfully defended Allergan in nationwide antitrust class action litigation regarding the company's leading Botox® Cosmetic product. The plaintiffs sought to prevent competition by blocking an exclusive license agreement that would create new competition in the sale of injectable neurotoxins in the United States.

Successfully defended several leading pharmaceutical and medical device manufacturers against antitrust challenges to the prosecution and enforcement of intellectual property rights.

Successfully defended several leading manufacturers against antitrust challenges to the launch of new products.

In a noteworthy example, represented Allergan/Warner Chilcott in litigation brought by competitor Mylan, challenging Warner Chilcott's transition to new versions of its Doryx acne treatment. Jack and the White & Case team obtained dismissal of all of Plaintiff's claims on summary judgment, representing the first-ever victory for a defendant on a full evidentiary record in a so-called pharmaceutical "product hopping" litigation. The Third Circuit Court Appeals affirmed the client's victory, creating the first appellate precedent in favor of a defendant in a "product hopping" case.

Fintech
Successfully defended Apex Clearing Corporation in antitrust, securities law, and common law tort challenges relating to so-called "short squeeze" efforts by traders of meme stocks. The District Court for the Southern District of Florida dismissed all claims against Apex with prejudice.

Successfully represented fintech firms in FINRA and other arbitrations regarding securities trading, clearing firm operations, and credit scoring services.

Advising various financial services, fintech, and private equity firms on antitrust compliance, joint ventures, and new service offerings.

Class action defense
Successfully has represented defendants from a variety of industries facing class actions and achieved precedent-setting victories in defeating class certification, including in the Asacol Antitrust Litigation (1st Circuit), the GM Seeds Antitrust Litigation (8th Circuit), and the Loestrin Indirect Purchaser Antitrust Litigation (1st Circuit).

Antitrust challenges to pharmaceutical settlement agreements and IP enforcement
National trial counsel for several leading pharmaceutical manufacturers (including AbbVie, Boehringer Ingelheim, Boston Scientific, Hikma, and Pfizer) in antitrust challenges to settlement agreements and efforts to enforce intellectual property rights. Among other things, Jack has played a leading role in the class certification and economic analyses involved in these cases.

Consolidated price-fixing class actions
Successfully defended a leading global potash supplier in consolidated class action litigation involving claims under antitrust and unfair competition laws.

Successfully defended clients in a variety of sectors, including information services, health care, commodities, and automotive manufacturing in antitrust lawsuits challenging joint conduct under the antitrust laws.

FDA regulatory approval of innovative pharmaceutical products
Successfully defended a leading global pharmaceutical manufacturer in preliminary injunction proceedings that challenged Food and Drug Administration (FDA) approval of a biosimilar drug.

Credit data antitrust, consumer protection, and trademark litigation
Representing Experian, Jack and his colleagues obtained a jury verdict on all claims brought by Fair Isaac Corporation in an action concerning allegations of unfair competition and trademark infringement in the sale of credit risk scoring services. The jury also found in favor of Experian on its counterclaim that the plaintiff had committed fraud on the US Patent and Trademark Office in obtaining its registration for the trademark-in-suit. Jack and his colleagues also obtained dismissal of all antitrust and false advertising claims on summary judgment. The trial victory and summary judgment victory were upheld by the 8th Circuit Court of Appeals.

In a separate case brought by a proposed nationwide class of purchasers, Jack and his colleagues obtained dismissal of all claims asserting antitrust violations against Experian and various leading financial institutions.

Antitrust / intellectual property litigation
Successfully represented several major pharmaceutical manufacturers in monopolization litigation involving allegations of fraud on the United States Patent and Trademark Office and sham litigation.

Defense against deceptive and unfair trade practice claims
Represented a legal services support company in class action litigation asserting claims under state deceptive and unfair trade practice laws. Jack and his colleagues obtained denial of the class certification motion and dismissal of all claims against our client.

Employment class action litigation
Represented a leading pharmaceutical company in putative class actions involving claims under Title VII and the wage and hour laws, respectively. Obtained the dismissal of all claims against our clients in both matters on grounds of corporate separateness and plaintiffs' failure to justify piercing the corporate veil.

RICO litigation
Represented a coalition of insurance companies in a 10-week jury trial involving RICO and fraud claims. Member of the trial team that obtained the first jury verdict against the tobacco companies by a third-party payer.