Michelle H. Seagull

Counsel

Michelle Seagull is a member of the firm's BioMedical Practice Group, where she counsels pharmaceutical clients on issues arising out of the intersection of antitrust and intellectual property law. She is also involved in all areas of the firms Antitrust Practice Group, including mergers and acquisitions, litigation, and antitrust counseling.

Ms. Seagull, as a member of the firm’s BioMedical Practice Group, regularly counsels pharmaceutical companies regarding the antitrust aspects of license agreements, joint development, patent pooling, product transfer strategies, authorized generics, the settlement of patent litigation and agreements regarding the Hatch-Waxman exclusivity period.  She also represents these companies before the Federal Trade Commission.

Ms. Seagull’s merger counseling practice involves analyzing the competitive effects of proposed mergers, acquisitions and joint ventures, and responding to government investigations.  She has participated in merger review investigations and second requests involving a variety of industries, including telecommunications, video games, supermarkets and books.  She has also responded to third party subpoenas from the Federal Trade Commission.

Ms. Seagull’s litigation practice includes representing plaintiffs and defendants in antitrust and general commercial disputes, including class actions, before federal and state courts.  Recently, Ms. Seagull represented Enron International Korea in an antitrust action against Credit Suisse First Boston in the Southern District of New York.  Ms. Seagull has also worked on teams representing a pharmaceutical industry client in obtaining a temporary restraining order and seeking preliminary injunction in a Hatch-Waxman matter in the U.S. District Court for the District of Columbia, defending Albert Einstein College of Medicine in securing dismissal of a major national class action antitrust complaint against it in Federal Court in Washington, D.C., defending The Hartford Courant from a competitor’s effort to obtain pre-complaint discovery in order to use such discovery to support an antitrust complaint, and defending clients against Connecticut Unfair Trade Practice Act and RICO claims.

Ms. Seagull’s antitrust counseling practice has included the provision of antitrust advice related to Sherman and Robinson-Patman Act issues and Hart-Scott-Rodino compliance, and responding to State Attorney General investigations.

Bar & Court Admissions

• Connecticut
• U.S. District Court District of Connecticut

Education

• Harvard Law School, Cambridge, Massachusetts, 2000 J.D. Harvard Journal on Legislation.
• Washington University, St. Louis, Missouri, 1997 B.A. Political Science.

Publications

• Increasing Antitrust Enforcement Under Obama?, Competition Law360, December 30, 2008
• Authorized Generics: Consumer Friend or Foe?, The Intellectual Property Committee Newsletter, The Section of Antitrust Law of the American Bar Association, Fall 2008, Volume Eight, Number One
• Ask the Expert: Michelle Seagull Comments on Cipro Antitrust Case, Generic Line, FDAnews, October 29, 2008
• Cipro: A Road Map For Reverse Payment Litigation, IP Law360, Health Law360, and Competition Law360, October 28, 2008
• Class Action Reaction: Ameded Rule 23 Enhances Judicial Supervision in Class Litigation, ANTITRUST, a publication of ABA Section of Antitrust Law, Spring 2004
• U.S. Supreme Court Again Clarifies the Power of Arbitrators, 229 N.Y.L.J. 4, 2003
• The Human Cloning Prohibition Act: Did Congress Go Too Far?, 35 Harv. J. on Legis. 637, 1998

Professional Activities

• American Bar Association, Antitrust and Intellectual Property Sections
• Connecticut Bar Association