Bruce is Chair of the Antitrust Section and in his over 30 years in private practice, he has developed extensive experience in both antitrust and communications regulation, including associated First Amendment and copyright law matters
In the antitrust area, Bruce’s practice includes antitrust counseling and representation in connection with federal and state governmental matters, as well as private antitrust litigation. He counsels and has represented Fortune 100 companies, not-for-profits, start-up entities, and domestic and international joint ventures. Bruce has been involved in antitrust matters spanning a broad range of industries, but has particularly deep experience in the communications, health care, and retail industries.
In the communications area, Bruce counsels and represents clients before the Federal Communications Commission and the courts in a wide variety of matters, including rulemakings and their judicial review, constitutional issues raised by FCC actions, and merger reviews. He has extensive experience in cable television matters, and his clients include Turner Broadcasting System, Inc., National Cable Telecommunications Association, Insight Communications, CTAM, C-SPAN, Bright House Networks, the Weather Channel, and others. Bruce has also represented copyright users in proceedings in the Southern District of New York and before arbitration entities established under the Copyright Act to establish copyright royalties.
Bruce served as the Managing Member for the firm’s Washington, DC office from 1989 to 2001, and served on the firm’s Executive Committee from 1989 to 2002.
During law school, he served as editor-in-chief of the Georgetown Law Journal. Following his graduation from Georgetown, Bruce served as law clerk to Judge Edward Allen Tamm of the US Court of Appeals for the District of Columbia Circuit.
Representative Matters
- Represented CVS in the antitrust aspects of its $2.7 billion acquisition of Longs Drugs
- Represented CVS in the antitrust aspects of its $27 billion acquisition of Caremark
- Represented Qiagen in the antitrust aspects of its $1.5 billion acquisition of Digene
- Represented a cable company in the first successful FTC clearance of the acquisition of an overbuilt cable system
- Represented Lowell General Hospital in its recent merger with Saints Medical Center
- Represented CVS Caremark in In re CVS Caremark, Inc., Docket No. C-4357 (FTC 2012)
- Represented a large health care system in a parallel DOJ Antitrust Division and State Attorney General investigation
- In re Cox Communications, Inc. Set Top Box Antitrust Litigation, 2011 WL 6826813 (W.D. Okl. Dec. 28, 2011) (counsel for Cox)
- Covad Communications Co. v. Bell Atlantic Corp., 398 F.3rd 666 (D.C. Cir. 2005) (counsel for Covad)
- Stop & Shop Supermarket Co. v. Blue Cross & Blue Shield, 373 F.3d 57 (1st Cir. 2004) (counsel for CVS) (obtained directed verdict at close of plaintiffs’ case in jury trial)
- Jung v. Association of American Medical Colleges, 339 F.Supp.2d 26 (D.D.C. 2004), aff’d, (D.C. Cir. 2006) (unpublished opinion), cert. denied, ___U.S. ____ (2007) (counsel for Massachusetts General Hospital)
- FCC children’s television rulemaking: represented Turner Broadcasting System Inc. and AOL in FCC proceeding
- Verizon/MCI: represented Bright House Networks in DOJ and FCC reviews of merger
- FCC retransmission consent regulations: represented Coalition for Retransmission Consent Reform in FCC regulatory proceedings
- C-SPAN-FCC, 531 F.3rd 105 (D.C. Cir. 2008) (counsel for C-SPAN)
- Quest Services Corp v. FCC, 398 F.3rd 666 (D.C. Cir. 2007) (counsel for iBasis)
- Covad Communications Co. v. FCC, 450 F.3rd 528 (D.C. Cir. 2006) (counsel for Covad)
- Turner Broadcasting System, Inc. v. FCC, 520 U.S. 180 (1997) and Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622 (1994) (counsel for Turner)
Recognitions & Awards
- Chambers USA: District of Columbia – Antitrust (2012 – 2013)
- Washington DC Super Lawyers: Antitrust Litigation (2012 – 2013)
- Best Lawyers in America: Antitrust Law (2012 – 2013)
- Nightingale’s Healthcare News: Outstanding Healthcare Antitrust Lawyer (2007 – 2009)
Professional & Community Involvement
- Member, American Bar Association
- Member, District of Columbia Bar Association
- Member, Federal Communications Bar Association
Bruce is Chair of the Antitrust Section and in his over 30 years in private practice, he has developed extensive experience in both antitrust and communications regulation, including associated First Amendment and copyright law matters
In the antitrust area, Bruce’s practice includes antitrust counseling and representation in connection with federal and state governmental matters, as well as private antitrust litigation. He counsels and has represented Fortune 100 companies, not-for-profits, start-up entities, and domestic and international joint ventures. Bruce has been involved in antitrust matters spanning a broad range of industries, but has particularly deep experience in the communications, health care, and retail industries.
In the communications area, Bruce counsels and represents clients before the Federal Communications Commission and the courts in a wide variety of matters, including rulemakings and their judicial review, constitutional issues raised by FCC actions, and merger reviews. He has extensive experience in cable television matters, and his clients include Turner Broadcasting System, Inc., National Cable Telecommunications Association, Insight Communications, CTAM, C-SPAN, Bright House Networks, the Weather Channel, and others. Bruce has also represented copyright users in proceedings in the Southern District of New York and before arbitration entities established under the Copyright Act to establish copyright royalties.
Bruce served as the Managing Member for the firm’s Washington, DC office from 1989 to 2001, and served on the firm’s Executive Committee from 1989 to 2002.
During law school, he served as editor-in-chief of the Georgetown Law Journal. Following his graduation from Georgetown, Bruce served as law clerk to Judge Edward Allen Tamm of the US Court of Appeals for the District of Columbia Circuit.
Representative Matters
- Represented CVS in the antitrust aspects of its $2.7 billion acquisition of Longs Drugs
- Represented CVS in the antitrust aspects of its $27 billion acquisition of Caremark
- Represented Qiagen in the antitrust aspects of its $1.5 billion acquisition of Digene
- Represented a cable company in the first successful FTC clearance of the acquisition of an overbuilt cable system
- Represented Lowell General Hospital in its recent merger with Saints Medical Center
- Represented CVS Caremark in In re CVS Caremark, Inc., Docket No. C-4357 (FTC 2012)
- Represented a large health care system in a parallel DOJ Antitrust Division and State Attorney General investigation
- In re Cox Communications, Inc. Set Top Box Antitrust Litigation, 2011 WL 6826813 (W.D. Okl. Dec. 28, 2011) (counsel for Cox)
- Covad Communications Co. v. Bell Atlantic Corp., 398 F.3rd 666 (D.C. Cir. 2005) (counsel for Covad)
- Stop & Shop Supermarket Co. v. Blue Cross & Blue Shield, 373 F.3d 57 (1st Cir. 2004) (counsel for CVS) (obtained directed verdict at close of plaintiffs’ case in jury trial)
- Jung v. Association of American Medical Colleges, 339 F.Supp.2d 26 (D.D.C. 2004), aff’d, (D.C. Cir. 2006) (unpublished opinion), cert. denied, ___U.S. ____ (2007) (counsel for Massachusetts General Hospital)
- FCC children’s television rulemaking: represented Turner Broadcasting System Inc. and AOL in FCC proceeding
- Verizon/MCI: represented Bright House Networks in DOJ and FCC reviews of merger
- FCC retransmission consent regulations: represented Coalition for Retransmission Consent Reform in FCC regulatory proceedings
- C-SPAN-FCC, 531 F.3rd 105 (D.C. Cir. 2008) (counsel for C-SPAN)
- Quest Services Corp v. FCC, 398 F.3rd 666 (D.C. Cir. 2007) (counsel for iBasis)
- Covad Communications Co. v. FCC, 450 F.3rd 528 (D.C. Cir. 2006) (counsel for Covad)
- Turner Broadcasting System, Inc. v. FCC, 520 U.S. 180 (1997) and Turner Broadcasting System, Inc. v. FCC, 512 U.S. 622 (1994) (counsel for Turner)
Recognitions & Awards
- Chambers USA: District of Columbia – Antitrust (2012 – 2013)
- Washington DC Super Lawyers: Antitrust Litigation (2012 – 2013)
- Best Lawyers in America: Antitrust Law (2012 – 2013)
- Nightingale’s Healthcare News: Outstanding Healthcare Antitrust Lawyer (2007 – 2009)
Professional & Community Involvement
- Member, American Bar Association
- Member, District of Columbia Bar Association
- Member, Federal Communications Bar Association
Publications
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Co-author,
Ancillary Transaction Provisions Need Antitrust Review, Law360 ()
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Co-author,
FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future Transactions, Antitrust Alert ()
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Co-author,
Supreme Court Unanimously Rules Unforeseeability Bars Immunity Defense for Allegedly Anticompetitive Hospital Merger, Antitrust Advisory ()
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Co-author,
FTC Issues Favorable Clinical Integration Advisory Opinion to Norman, Oklahoma PHO, Antitrust Alert ()
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DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement by Antitrust Division, Antitrust Alert ()
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Co-author,
DOJ Approves Greater New York Hospital Association’s Proposed Gainsharing Program, Antitrust Advisory ()
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Co-author,
FTC Announces Annual HSR Thresholds Adjustments, Antitrust Alert ()
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Co-author,
FTC Commissioners Disagree on Limits of Section 5 Applicability to Conduct Not Otherwise Covered by Antitrust Laws, Antitrust Advisory ()
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Co-author,
Third Circuit Upholds Finding of Antitrust Liability for Above-Cost Pricing Arrangement, Antitrust Advisory ()
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Co-author,
Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions, Antitrust Advisory ()
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Co-author,
Can a Hospital Alliance Constitute a Single Entity for Antitrust Purposes? It Depends, Says One District Court, Antitrust Advisory ()
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Co-author,
Another Loss for the Robinson-Patman Act, Antitrust Alert ()
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Co-author,
FTC Uses Creative Remedy to Halt Cardiology Practice Merger: Requires Suspension of Employed Physicians’ Non-Compete Contracts, Antitrust Advisory ()
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Co-author,
Case Study: Polypore V. FTC, Law360 ()
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Co-author,
Eleventh Circuit Upholds FTC’s Merger Ruling and Divestiture Order, Antitrust Advisory ()
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Co-author,
Giving Robinson-Patman New Life in the 6th Circ., Law360 ()
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Co-author,
En Banc Seventh Circuit Further Opens U.S. Courts to Foreign Cartel Activities That Affect Domestic Commerce, Antitrust Alert ()
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Co-author,
Sixth Circuit Uses Some Old Supreme Court Cases To Give Robinson-Patman Act New Life, Antitrust Alert ()
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Co-author,
No Harm, No Foul? First Circuit Departs from Trend Narrowing Chapter 93A Injury Requirement, Reverses Dismissal of Claim Arising from Failed Price-Fixing Conspiracy, Antitrust | Class Action Advisory ()
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Co-author,
DOJ Sues Apple and Publishing Companies for Alleged e-Book Conspiracy, Antitrust Alert ()
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Co-author,
Rockford Returns — Part II: Court Grants FTC’s Preliminary Injunction Against Hospital Merger to Preserve Status Quo for Preliminary Hearing, Health Care Antitrust Advisory ()
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Co-author,
Case Study: Messner V. Northshore, Law360 ()
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Co-author,
New Seventh Circuit Decision Endorses Heightened Scrutiny of Experts at Class Certification Stage While Potentially Lowering the Bar to the Predominance Element at Class Certification, Antitrust | Class Action Advisory ()
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Co-author,
FTC Announces Increased HSR Thresholds, Antitrust Alert ()
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Co-author,
FTC Does Not Embrace Dentist Board’s Anticompetitive Activity, Health Care Antitrust Alert ()
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Co-author,
Rockford Rerun: The FTC on Hospital Mergers, Law360 ()
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Co-author,
Distributor of Swimming Pool Supplies Agrees with FTC Not to Dunk Its Rivals, Antitrust Advisory ()
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Co-author,
Rockford Rerun: FTC Sues to Stop Hospital Merger in Rockford, Illinois, Health Care Antitrust Advisory ()
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Co-author,
Revisions to HSR Rules May Increase Reporting Burden for Investment Funds and Certain Multinational Businesses, Antitrust Advisory ()
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Co-author,
Noerr-Pennington Immunizes Hospital From Antitrust Liability For Lobbying Campaign Against Competitor, Health Care Antitrust Advisory ()
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Co-author,
FTC/DOJ Issue Proposed Statement of Antitrust Enforcement Regarding Accountable Care Organizations, Health Care Antitrust Alert ()
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Author,
DOJ Begins Enforcing Section 2 of the Sherman Act with Texas Hospital, Health Care Antitrust Alert ()
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Co-author,
Federal Trade Commission Announces Increased Hart-Scott-Rodino Thresholds, Antitrust Alert ()
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Co-author,
DOJ Continues to Target Employment Non-Solicitation Agreements, Antitrust Advisory ()
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Co-author,
Telecoms and Media 2011: United States, Getting the Deal Through ()
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Co-author,
Third Circuit Revives Conspiracy Claims against Hospital and Insurer, Antitrust Alert ()
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Co-author,
The FTC's Aggression Affirmed, Law360 ()
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Co-author,
Aggressive Consumer Protection Enforcement, Antitrust Alert ()
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Co-author,
FTC “Pomels” POM Wonderful and Other Companies for Making Allegedly False and Misleading Health Claims, Consumer Protection Advertising Alert ()
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Co-author,
Leegin on Remand: Retailer Fails to Sell Vertical Price Fixing Allegation, Antitrust Alert ()
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Co-author,
Assistant Attorney General Varney’s Healthcare Antitrust Speech Emphasizes Health Insurance Industry Enforcement and Offers Supportive Remarks on Clinical Integration, Health Care Antitrust Advisory ()
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Eleventh Circuit Finds Competitor Hospital Is "Efficient Enforcer" for Tying Claim under Federal Antitrust Laws, Antitrust Advisory ()
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FTC Announces Decreased HSR Thresholds, Antitrust Alert ()
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Internet Music Price-Fixing Case against Record Companies Is Back Online, Antitrust Advisory ()
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Co-author,
Federal Trade Commission Picks Intel As Target for Separate Section 5 Claim Beyond the Sherman Act, Antitrust Alert ()
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District Court Dismisses Antitrust Complaint Alleging Mutual Protection Conspiracy Between Dominant Provider and Dominant Insurer, Health Care Antitrust Advisory ()
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Court Holds that Performance Licenses Are Not Required for Ringtones, Antitrust | Intellectual Property Advisory ()
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FTC Orders Roanoke Hospital To Divest Recently Acquired Outpatient Clinics To Restore Competition, Health Care Antitrust Alert ()
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Co-author,
Unpredictable Playlist Dooms Sound Recording Copyright Holders’ Infringement Claim, Music Copyright Alert ()
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Recent Major Decisions by the U.S. Consumer Product Safety Commission Impact Sellers of Children’s Product, Consumer Product Safety Commission Alert ()
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FTC Alleges Some “Green” Marketing Claims Are Dirty, Consumer Protection Advisory ()
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VeriSign Still On the Hook for Antitrust Allegations, Antitrust Advisory ()
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Announcement of New Nominees To The Consumer Product Safety Commission: How This Might Affect Your Business Sooner Than You Think, Consumer Product Safety Commission Advisory ()
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FTC Emphasizes Human Capital Investment over Financial Investment in Recent Clinical Integration Advisory Opinion, Antitrust Advisory ()
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Author,
HSR and Other FTC Civil Penalties Increase, Antitrust Alert ()
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Hedge Funds Fined $800,000 for Acquiring Additional Stock in AutoZone without Filing New HSR Notifications, Antitrust Advisory ()
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Federal Circuit Enforces Disclosure Requirements in Standard-Setting Process, Intellectual Property Advisory ()
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Co-author,
FTC Denies Dialysis Clinic a License to Raise Prices to Medicare, Antitrust Advisory ()
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FTC's Rambus Decision Concerning Patent Holder's Behavior in Standard-Setting Process Reversed by D.C. Circuit, Antitrust Advisory ()
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Paving the Intersection of Antitrust and Labor Law, Antitrust Alert ()
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Fifth Circuit Affirms FTC Order to Divest Assets in Chicago Bridge & Iron, Antitrust Advisory ()
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FTC Announces Annual Revision of HSR Threshold, Antitrust Alert ()
Speaking Engagements
Newsroom
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Nine Mintz Levin Members Named Washington, D.C. Super Lawyers and Rising Stars, ()
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Featured in
Q&A with Bruce Sokler, Law360 ()
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Mintz Levin Advises on Top Greentech Deal of 2012, ()
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Sixty Mintz Levin Attorneys Included in The Best Lawyers in America, 2013 Edition, ()
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Mintz Levin Attorney Bruce D. Sokler to Speak at Ninth Circuit Judicial Conference, ()
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Mintz Levin Represents Lowell General Hospital in Merger with Saints Medical Center, ()
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Mintz Levin Attorney Bruce D. Sokler Featured in Chambers USA 2012 Guide, ()
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Forty-One Mintz Levin Attorneys Featured in Chambers USA 2012 Guide, ()
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Mintz Levin’s Energy and Clean Technology Practice Represents GreatPoint Energy in $1.25 Billion Joint Venture, ()
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Five Mintz Levin Members Named Washington, D.C. Super Lawyers, ()
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Forty-Three Mintz Levin Attorneys Included in The Best Lawyers in America, 2012 Edition, ()
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Bruce Sokler Named Outstanding Healthcare Antitrust Lawyer by Nightingale's Healthcare News for Third Consecutive Year, ()
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Mintz Levin Files Suit Against HUD on Behalf of Mississippi Residents Still Homeless Three Years After Katrina, ()
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Mintz Levin Advises CVS Corporation on its Acquisition of Caremark Rx, Inc., ()
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Mintz Levin Advises CVS Caremark Corporation on its Acquisition of Longs Drugs Stores, ()