Sept 11 (Reuters) - A former government antitrust
enforcer who oversaw price-fixing cases for U.S. states against
major generic drugmakers should be barred from working on
similar matters at his private law firm, a group of
pharmaceutical companies told a federal judge on Wednesday.
In filings in federal court in Philadelphia, Pfizer ( PFE ), Teva,
Mylan and several other drugmakers said that the lawyer, Joseph
Nielsen, a former assistant Connecticut state attorney general,
and his law firm should be disqualified from representing
insurers Molina and Humana in ongoing antitrust litigation.
The companies claimed that Nielsen, who had worked for
Connecticut for nearly 20 years until July, acquired
confidential information while overseeing drug-price litigation
for the state against dozens of drug manufacturers.
Nielsen and his law firm Lowey Dannenberg, a small
plaintiffs-focused firm with offices in New York and
Pennsylvania, did not immediately respond to requests for
comment.
The Lowey firm told the defendants that Nielsen would not
share confidential information gained from past settlement
negotiations and that there were no restrictions on his
representation of Molina and Humana, the drugmakers said in
their court filings.
Nielsen's participation in the lawsuit runs afoul of rules
restricting the work of government lawyers who enter private
practice, the drugmakers alleged.
"He undoubtedly has unique insight into how defendants
assess the merits, value the claims, approach settlement
negotiations, and is able or unable to satisfy any judgment or
settlement demand," according to the drugmakers. "He cannot
unlearn any of that."
Pfizer ( PFE ), Teva and Mylan, now part of Viatris ( VTRS ), also did not
immediately respond to requests for comment.
Nielsen began representing Molina and Humana in July as a
newly-named partner at Lowey. The firm markets its work for
major insurers seeking damages for alleged overcharges for
prescription drugs.
The push to disqualify Nielsen and his firm comes after
Humana's lawsuit was selected last week by U.S. District Judge
Cynthia Rufe in Philadelphia as a bellwether case to test claims
against the drugmakers, and was set for trial in September 2026.
Rufe in an order on Thursday referred the drugmakers'
disqualification effort to a court official to prepare a report
and recommendation to the judge.
The case is In Re: Generic Pharmaceuticals Pricing Antitrust
Litigation, U.S. District Court for the Eastern District of
Pennsylvania, No. 2:20-cv-00695-CMR.
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