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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

Antitrust Viewpoint Thumbnail
On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission’s (FTC) administrative order against 1-800 Contacts, Inc. The Second Circuit found that the online retailer’s trademark settlements with competitor online contact lens sellers were not “inherently suspect” and, instead, should be evaluated under the traditional rule of reason analysis. The trademark settlements specified, among other things, that 1-800 Contacts’ competitors would not bid on the company’s name as a keyword in online search advertising. This ruling has significant implications for the “inherently suspect” standard—according to the Second Circuit, “courts do not have sufficient experience with this type of conduct to permit [the FTC’s] abbreviated analysis.”
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Antitrust Viewpoint Thumbnail
On April 22, 2021, in a unanimous decision authored by Justice Stephen Breyer, the U.S. Supreme Court ruled that the Federal Trade Commission (“FTC”) does not have the authority to seek monetary relief under Section 13(b) of the FTC Act. The decision in AMG Capital Management, LLC v. Federal Trade Commission has significant ramifications for the FTC’s enforcement authority in federal courts. Additionally, it is likely that this ruling will spur Congress to take a serious look at amending Section 13(b) to provide an express right to equitable monetary relief. Indeed, just today, in testimony before the House Energy and Commerce Subcommittee on Consumer Protection and Commerce, the FTC asked Congress to pass such an amendment.
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Consumer Product Safety Viewpoints Thumbnail
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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Antitrust Viewpoint Thumbnail
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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Antitrust Viewpoint Thumbnail
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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Consumer Product Safety Viewpoints Thumbnail

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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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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