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Shawn N. Skolky

Associate

[email protected]

+ 1.202.434.7345

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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 (BA, 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

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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. 
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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.
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Yesterday, President Donald Trump nominated Peter Feldman to fill the fifth and final spot as Commissioner of the U.S. Consumer Product Safety Commission.
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Out with the Old: DOJ Seeks to Terminate Outdated Antitrust Judgments

April 26, 2018 | Alert | By Bruce Sokler, Farrah Short, Shawn Skolky

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.
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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.
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Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber

March 29, 2018 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Shawn Skolky

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).
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CPSC Sues Britax over Stroller Wheel Detachments

February 19, 2018 | Blog | By Shawn Skolky

On Friday, February 16, the U.S. Consumer Product Safety Commission (“CPSC”) announced that it had voted 3-1 (along party lines) to authorize CPSC staff to file an administrative complaint against Britax Child Safety, Inc., (“Britax”) a global manufacturer of car seats, strollers, and other juvenile products.
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DOJ Reaches Settlement with Michigan Hospital on Allegedly Unlawful Marketing Agreement

February 12, 2018 | Alert | By Robert Kidwell, Shawn Skolky

On Friday, the U.S. Department of Justice (“DOJ”) Antitrust Division announced a settlement with Henry Ford Allegiance Health (“Allegiance”) of claims that Allegiance and certain other hospitals unlawfully agreed not to market to each other’s healthcare customers in central Michigan.
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With Congress back in session, on January 8th President Trump was swift to re-nominate Acting Chairman Ann Marie Buerkle to be the permanent Chairman of the CPSC, along with a nomination for a second term as a Commissioner.  President Trump also re-nominated Dana Baiocco to be a Commissioner.
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On Wednesday, November 8, 2017 the Federal Trade Commission (FTC) hosted a workshop seeking to explore the general question of why the cost of prescription drugs has risen greatly in recent history. The Workshop was framed around industry development in the time since the enactment of the Hatch-Waxman Act in 1984.
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News & Press

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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

Moderator
Jul
11
2019

2019 ICPHSO Midwest Regional Training Workshop

Gateway to Product Safety

Saint Louis University, Richard A. Chaifetz School of Business