November 26, 2021

Volume XI, Number 330

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Daniel Powers

Daniel (Dan) Powers focuses his practice on antitrust litigation, counseling and regulatory matters. He assists clients in a variety of industries, including health care, pharmaceuticals, mobile communications, aerospace and defense.

Dan advises clients on antitrust issues in connection with pricing and distribution activities, and mergers and acquisitions. He has defended numerous transactions before the US Federal Trade Commission (FTC) and the Department of Justice (DOJ). He also works regularly with clients on matters relating to merger notifications under the Hart-Scott-Rodino Act (HSR).

Dan has successfully guided several hospital mergers through FTC review. He also has extensive experience litigating mergers challenged by the FTC under the 16 Code of Federal Regulations (CFR) Part 3 Rules. Dan writes frequently on health care antitrust topics and helps clients navigate the antitrust aspects of various emerging issues in the industry, including the impact of health care reform, the emergence of risk and value-based contracting regimes, and the development of integrated health care systems. Dan also regularly counsels health care clients and their employees on antitrust compliance for ordinary-course business activities.

Building upon prior work experience in digital technology and communications, Dan maintains a broad practice at the intersection of antitrust and intellectual property law. Dan is an active member of the American Bar Association (ABA) Antitrust Section’s Intellectual Property Committee and he writes frequently and counsels clients on the antitrust aspects of standard-setting organizations and standards-essential patents. He has helped clients advance antitrust counterclaims in intellectual property litigation in federal district court and handled patent misuse and patent exhaustion defenses in settlement negotiations and in cases before the International Trade Commission (ITC).

In addition, Dan is an active participant in McDermott’s pro bono activities. He has a particular interest in immigration law and has successfully represented clients seeking asylum or withholding of removal.

Previously, Dan worked as a senior researcher with the Presidential Advisory Commission on Holocaust Assets. He also taught and worked at a major university managing communications and new digital technologies. While in law school, he served as senior editor for the Georgetown Journal of International Environmental Law, and was a law fellow in the Legal Research & Writing program.

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Articles in the National Law Review database by Daniel Powers

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