Skip to main content

Shawn N. Skolky

Associate

[email protected]

+ 1.202.434.7345

Follow:
Share:

Antitrust and Litigation:

Shawn's competition practice involves advising on many aspects of antitrust and competition law, including antitrust counseling, Hart-Scott-Rodino (HSR) merger review, as well as regulatory reviews by the US Department of Justice, the Federal Trade Commission, and the Committee on Foreign Investment in the United States (CFIUS). His practice involves litigation, including private antitrust litigation, class actions, and also focuses on representation of both plaintiffs and defendants in a wide variety of complex civil litigation matters spanning a number of industries including healthcare, life sciences, technology, consumer products, and telecommunications.

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).

Pro Bono Practice:

Shawn’s pro bono practice focuses on representing indigent individuals in landlord-tenant disputes and assisting individuals seeking SIJS or asylum. Shawn is also intimately involved in pro bono representation of individuals and families affected by domestic violence, and is a Junior Board Member of the DC Volunteer Lawyers Project.

Shawn is an accomplished singer and is a member of DC-based semi-professional singing group Word of Mouth. He is also an avid runner, and spends his down-time training for long-distance races.

Education

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

Experience

Antitrust and Litigation

  • Represents publicly-traded manufacturer of electronic components in federal antitrust litigation involving allegations of price-fixing.
  • Successfully represented pharmacy benefit manager in arbitration involving allegations of monopsony arising out of imposition of pharmacy "DIR Fees."

Recognition & Awards

  • Order of the Coif

Involvement

  • Member, American Bar Association
  • Junior Board Member, DC Volunteer Lawyers Project
  • Member, International Consumer Product Health and Safety Organization

Recent Insights

News & Press

Events

Viewpoints

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.
Read more
Antitrust Viewpoint Thumbnail
Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of Thomas Jefferson University (“TJU”) and Albert Einstein Healthcare Network (“Einstein”) that would create an 18-hospital system in the Philadelphia area. The FTC and the Pennsylvania Attorney General had alleged the merger would lead to TJU/Einstein controlling at least 60% of the inpatient GAC hospital services market in a portion of Philadelphia. Following the district court decision, the FTC quickly appealed to the Third Circuit Court of Appeals and filed an emergency motion for a stay pending appeal. Days later, a three-judge panel denied the government’s motion without comment.
Read more
Consumer Product Safety Viewpoints Thumbnail
In early January, after referral by the CPSC to the Department of Justice (and probably the subject of an Acting Chair Adler public comment), fire extinguisher manufacturer Kidde reached a settlement with the government to pay a $12 million civil penalty for underreporting to the CPSC the scope and nature of defect, failure to report timely, making misrepresentations to the CPSC, and misusing a registered safety certification mark. The civil penalty seems to have signaled the start of a more aggressive approach to CPSC enforcement.
Read more
Antitrust Viewpoint Thumbnail
The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral argument in AMG Capital Management v. Federal Trade Commission, a case questioning the FTC’s authority to require defendants to pay restitution for money obtained as the result of illegal activities. In that case, there is significant doubt about whether the Court will uphold the FTC Act’s Section 13(b) provision allowing for the FTC to obtain this equitable relief, and such a ruling would drastically change the way FTC approaches enforcement.
Read more
Antitrust Viewpoint Thumbnail

FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia

December 15, 2020 | Alert | By Bruce Sokler, Joseph Miller, Robert Kidwell, Shawn Skolky

This alert examines a Philadelphia US district court decision that denied the FTC’s and Pennsylvania Attorney General’s request to preliminarily enjoin a proposed merger between Thomas Jefferson University and the Albert Einstein Healthcare Network.
Read more
Antitrust Viewpoint Thumbnail
Read about the DOJ Antitrust Division’s new Merger Remedies Manual, its first guidance on the topic since its 2011 withdrawal of its policy guide for merger remedies.
Read more

News & Press

Press Release Thumbnail
Firm plays a key role in the largest health care acquisition to date in 2020.
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.  

Events

Speaker
Feb
24
2021

ICPHSO 2021 Annual Virtual Meeting and Training Symposium

International Consumer Product Health and Safety Organization

Virtual Event

Conference Reference Image
Moderator
Jul
11
2019

2019 ICPHSO Midwest Regional Training Workshop

Gateway to Product Safety

Saint Louis University, Richard A. Chaifetz School of Business