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Shawn N. Skolky

Associate

[email protected]

+ 1.202.434.7345

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Antitrust and Litigation:

Shawn advises on many aspects of antitrust and competition law, including antitrust counseling, Hart-Scott-Rodino (HSR) merger review, and private antitrust litigation, including class actions.  In addition to antitrust litigation, Shawn’s litigation practice also focuses on representation of both plaintiffs and defendants in a wide variety of complex civil litigation matters spanning a number of industries.

Consumer Product Safety:

Shawn’s consumer product safety practice focuses on helping companies seeking representation on product safety reporting obligations, recalls, regulatory compliance, product safety investigations, and enforcement matters involving the Consumer Product Safety Act (CPSA), the Canadian Consumer Product Safety Act (CCPSA), and other federal and state product safety laws.  Shawn has experience in guiding companies through the recall process, and has extensive experience in all types of consumer products, including children’s products, appliances, glassware, recreational vehicles, beds, and more.  Shawn also is involved in the voluntary standard-making process, and works alongside the Consumer Product Safety Commission and various industry groups to ensure relevant and reasonable standards are developed and implemented.

Prior to joining the firm, Shawn was an associate in the Atlanta and DC offices of another international law firm, handling a wide range of complex, multidistrict litigation matters for large pharmaceutical companies, medical device manufacturers, and other clients. He has extensive experience in multidistrict product liability litigation, defending major medical device manufacturers against allegations of product defect and breach of warranty claims, and defending an international pharmaceutical company against allegations that its prescription drug was defective. Shawn also has experience in advising multinational corporations in white collar investigations relating to potential violations of the Foreign Corrupt Practices Act (FCPA).

Shawn’s pro bono practice focuses on representing indigent individuals in landlord-tenant disputes and assisting individuals seeking SIJS or asylum.

Education

  • Emory University (JD, Order of the Coif, with honors)
  • Georgia Institute of Technology (BA, Public Policy, with high honors)

Recognition & Awards

  • Order of the Coif

Involvement

  • Member, Defense Research Institute

Recent Insights

News & Press

Viewpoints

Viewpoint
This antitrust alert outlines an FTC settlement designed to reduce anticompetitive effects resulting from the merger of gas suppliers Praxair, Inc. and Linde AG.
Viewpoint
On Friday, October 5, 2018, the U.S. Consumer Product Safety Commission (“CPSC”) announced that Costco Wholesale, Corp. (Costco) entered into a settlement agreement with the CPSC to pay a $3.85 million civil penalty for its alleged failure to report defective trash cans. The penalty agreement was accepted 4-0 by the Commission. Notably, this is the first multi-million dollar civil penalty in the post-CPSIA era where there was not a Democratic majority at the CPSC, indicating that penalty actions are far from moribund under the current leadership.
Viewpoint
Read about a US District Court’s denial of Landmark Theaters’ dismissal motion in an exclusive dealing Sherman Act antitrust case brought by independent movie theaters.
Earlier this week, a three judge panel of the Ninth Circuit Court of Appeals issued a ruling in the case of Gold Medal LLC v. USA Track & Field.  The decision, on appeal from the District Court for the District of Oregon, rejected allegations that USA Track & Field (USATF) and the United States Olympics Committee (USOC) engaged in an anticompetitive conspiracy in violation of antitrust law by imposing certain advertising restrictions during Olympic Trials. 
The consumer product safety community is rarely provided guidance by federal court decisions. On Tuesday, however, Judge R. Brooke Jackson of the Federal District Court for the District of Colorado issued an opinion in the never-ending saga of Zen Magnets, LLC v. CPSC.
Yesterday, President Donald Trump nominated Peter Feldman to fill the fifth and final spot as Commissioner of the U.S. Consumer Product Safety Commission.
The Department of Justice (“DOJ”) announced a new initiative to terminate “legacy” antitrust judgments that “no longer protect competition.” In 1979, the DOJ adopted a general practice to include sunset provisions that automatically terminate judgments, typically 10 years after entry.
Since 2013, the Blue Cross Blue Shield Association has faced a series of purported class actions consolidated in the U.S. District Court in Alabama.
In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd Cir. Mar. 27, 2018).

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.
Matt Howsare, Chuck Samuels and Shawn Skolky authored this “Expert Analysis” column. The authors note that the consumer product safety community is rarely provided guidance by federal court decisions. They do however discuss a recent U.S. District Court opinion in Zen Magnets LLC v. Consumer Product Safety Commission and the implications for the industry.
Chair of Mintz’s Antitrust section Bruce Sokler, along with Member Rob Kidwell and attorneys, Farrah Short Shawn Skolky collaborated on an article regarding the Washington state attorney general’s office suit against the expansion efforts of Franciscan Health System.