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Mitchell J. Clough

Associate

[email protected]

+1.617.348.1690

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Mitchell focuses his practice on complex commercial litigation, antitrust matters, and class actions in federal and state courts. He counsels clients in all stages of litigation, from pre-litigation dispute resolution through discovery, dispositive motions, and appeals. His experience includes drafting briefs, preparing witnesses for depositions, and managing discovery.

Prior to joining Mintz, Mitchell served as a law clerk to the Honorable O. Rogeriee Thompson of the United States Court of Appeals for the First Circuit. Earlier, as an associate at an international law firm where he had previously worked as a summer associate, he handled a broad spectrum of complex commercial litigation matters. He began his legal career as a law clerk to the Honorable Alvin W. Thompson of the United States District Court for the District of Connecticut.

During law school, Mitchell served as managing editor of the Boston College Law Review and was a member of the National Moot Court Team. He and his teammate also won the Wendell F. Grimes Moot Court Competition.

viewpoints

In ‘Third Edition: Q2 2024’ of the Mintz IRA Update, we cover updates to the Medicare Drug Price Negotiation Program being considered by CMS, developments in litigation challenging the program, the consequences and costs of redesigning the Part D program, opposition to the use of march-in rights to lower drug prices, and the growing use of state prescription drug affordability boards.

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Read about litigation developments involving the Medicare Drug Price Negotiation Program, including decisions from the Third Circuit affirming the constitutionality of the program, and new cases in the pipeline.
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In this edition of the Mintz IRA Update, we cover the status of the negotiations underway between CMS and manufacturers pursuant to the Medicare Drug Price Negotiation Program and current legal challenges to the program, other drug pricing–related IRA initiatives, the IRA’s small biotech exemption, implications associated with removing the average manufacturer price cap on Medicaid rebates, and the Biden administration’s proposed draft guidance on patent “march-in” rights.

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Mintz’s PBM & Pharmacy practice is proud to present the Mintz IRA Update, a regular publication that delves into the spectrum of developments under the Inflation Reduction Act of 2022 (“IRA”) impacting the health care industry.

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Late last month the Supreme Court of the United States opened the door to a potential sea change in personal jurisdiction over corporate entities.  In Mallory v. Norfolk Southern Railway Company, the Court held that any corporation registered to do business in a state which requires out-of-state businesses to consent to general personal jurisdiction waives its right to assert a Due Process challenge to jurisdiction in that state. Thus, businesses registered to do business in such states can be sued there, even if none of the events underlying the lawsuit took place in that state.

 
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News & Press

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Mintz is pleased to announce that 31 attorneys have been named Massachusetts Super Lawyers and 35 attorneys have been named Massachusetts Rising Stars for 2024.

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Mintz recently filed an amicus brief urging the US Supreme Court to protect access to emergency care for pregnant women under the federal Emergency Medical Treatment and Labor Act (EMTALA) in the consolidated cases Idaho v. United States and Moyle v. United States that the Court will hear on April 24th.

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Recognition & Awards

  • Massachusetts Super Lawyers: Rising Star - Business Litigation (2024)

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