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Evelyn A. French

Associate

[email protected]

+1.202.434.7369

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Evelyn focuses her practice on antitrust and competition matters, including mergers and acquisitions, Hart-Scott-Rodino (HSR), counseling, compliance, and regulatory reviews by the Department of Justice and the Federal Trade Commission. Evelyn specializes in advising clients in the health care industry and has counseled health care companies on the antitrust aspects of transactions. Evelyn also engages in trade association representation.

In addition, Evelyn has a regulatory and compliance practice involving the Consumer Product Safety Act (CPSA) and other federal and state product safety laws. She helps companies seeking representation on product safety reporting obligations, product safety investigations, recalls, and other regulatory and enforcement matters.

Prior to joining Mintz, Evelyn was a litigation associate at a law firm in Atlanta, where she litigated a variety of disputes in state and federal courts, including disputes related to breach of contract, products liability, and breach of fiduciary duty. She authored numerous dispositive motions as well as pleadings and discovery requests.

Evelyn also clerked for Chief Judge Thomas Thrash of the US District Court for the Northern District of Georgia. As a law clerk, she researched and drafted judicial opinions for cases involving products liability, antitrust, personal injury, and constitutional law. Additionally, she gained significant experience with multidistrict litigation and class actions. In law school, she was editor-in-chief of the Georgia Law Review.

Education

  • University of Georgia (JD, cum laude)
  • University of Georgia (BA, summa cum laude)

Recognition & Awards

  • Phi Beta Kappa
  • Phi Kappa Phi

Recent Insights

News & Press

Viewpoints

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The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal agency, the Consumer Product Safety Commission (the “CPSC”) must follow these steps—referred to as “notice and comment rulemaking”—as well as comply with its statutory specific requirements—in order to put into place new product safety regulations.
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Last week, Geisinger Health (“Geisinger”) and Evangelical Community Hospital (“Evangelical”) reached a settlement agreement with the Department of Justice (“DOJ”), resolving the DOJ’s ongoing litigation challenging Geisinger’s partial acquisition of Evangelical. Notably, the settlement agreement, among other terms, limits Geisinger’s ownership interest in Evangelical to a 7.5% passive investment and prevents Geisinger from exercising any control or influence over Evangelical.
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Last week, the Department of Justice (“DOJ”) announced the criminal indictment of Surgical Care Affiliates LLC (“SCA”), an Alabama- and Illinois-based company, which owned and operated outpatient medical centers around the U.S., for its alleged agreements with competitors not to solicit senior-level employees. DOJ has been suggesting since 2006 that it would use the criminal provisions of the antitrust laws against into employee allocation agreements—commonly called no-poach agreements, and DOJ has now followed through on its warnings.
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CPSC Sued Over Lack of Access to Consensus Standard Incorporated Into CPSC Regulation

May 26, 2020 | Blog | By Charles Samuels, Evelyn French, Evan Moore

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In the latest challenge to Section 6(b), Congressman Bobby Rush has introduced HR 5565, the Safety Hazard and Recall Efficiency Information Act, which would amend Section 6(b) by stripping it of its most basic due process, as well as increasing enormously the penalties for late reporting.
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Commissioner Bob Adler Elected Vice-Chairman of the CPSC, Making Him Acting Chairman of the Agency

September 13, 2019 | Blog | By Charles Samuels, Shawn Skolky, Evelyn French

It was confirmed that Commissioner Bob Adler was elected Vice-Chairman of the CPSC. Because there is no permanent CPSC Chairman at this time, Commissioner Adler will become the Acting Chairman of the agency until a permanent Chairman is confirmed. Commissioner Adler—a Democratic Commissioner—has served on the Commission since 2009.
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News & Press

This contributed column, authored by Charles Samuels, Shawn Skolky and Evelyn French, discusses a recent $3.85 million U.S. Consumer Product Safety Commission penalty for an alleged failure to timely report defective trash cans. This settlement suggests that large penalty actions are far from moribund even with the CPSC under Republican leadership.

Events

Speaker
Feb
24
2021

ICPHSO 2021 Annual Virtual Meeting and Training Symposium

International Consumer Product Health and Safety Organization

Virtual Event

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