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  • Education
    • J.D., Vanderbilt University Law School,

      Lightfoot Best Brief Award

    • B.A., Yale University
Herb Allen is an experienced litigator and antitrust counselor who helps clients tackle complex problems, both in the courtroom and before government enforcement agencies. Herb represents clients in all phases of merger investigations conducted by the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), and has considerable experience with civil investigations and litigation. His experience spans a wide range of industries, including pharmaceuticals, hospitals, dialysis, food products, banking, chemicals, transportation, motion pictures, college athletics, and electronics.

Herb writes and speaks frequently on antitrust issues, and in 2016 was named a "Rising Star" for Antitrust Litigation in Washington, D.C., by Super Lawyers magazine. Herb brings the perspective of a journalist to his practice, having worked for several years on the editorial staff of The New Yorker magazine before beginning his legal career. His experience includes:
  • Litigating complex antitrust and commercial ligation matters in a variety of industries. Herb was a member of the litigation team that won summary judgment on behalf of a major pharmaceutical company against novel “product hopping” antitrust claims.
  • Advising clients on premerger notification issues under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), including assessing how transactions must be reported to antitrust enforcement agencies and negotiating antitrust provisions in transaction agreements.
  • Defending proposed and consummated mergers before the DOJ and FTC.
  • Responding to significant merger investigations by the DOJ and FTC (i.e., Second Requests), and working to secure approval for required divestures.
  • Advocating for government intervention on behalf of parties adversely impacted by proposed mergers, or by anticompetitive conduct.
  • Managing all aspects of difficult e-discovery projects involving short deadlines and large volumes of electronically stored information (ESI).
  • Representing clients in state and federal investigations into alleged anticompetitive conduct. Herb successfully defended a major Texas healthcare provider against allegations of anticompetitive conduct.
  • Advising clients on antitrust issues associated with the formation of joint ventures and competitor collaborations, with a special focus on collaborations involving healthcare providers.
  • Developing antitrust compliance policies for businesses and trade associations, and helping businesses conduct antitrust audits to identify antitrust risk.
  • Advising standard-setting organizations on antitrust issues. Herb advised a consortium of banking institutions on antitrust rules for a major standard-setting initiative.
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