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Jason Dubner

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Jason represents companies in a variety of complex commercial litigations and arbitrations, with an emphasis on reinsurance, insurance, healthcare and antitrust disputes, as well as counseling in franchise and distribution matters. As a former economic analyst – both with the Antitrust Division of the U.S. Department of Justice and with Capitol Economics in Washington, D.C. – Jason also brings to his practice the perspective of an economist and a regulator.

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Competitive Health Insurance Reform Act repeals McCarran-Ferguson exemption for health insurers

For nearly 75 years, the McCarran-Ferguson Act established a broad – although not unlimited – exemption from the application of federal law to “the business of insurance,” finding “the continued regulation and taxation by the several states [of that business] in the public interest.” As a result, McCarran-Ferguson exempted insurers from federal antitrust liability where … Continue Reading

Putative class counsel in generic drug antitrust MDL can’t get a slice of the opt-out pie . . . At least not yet

Before even moving for certification of the putative classes they seek to represent, Interim Class Counsel (ICC) in the In re Generic Pharmaceuticals Pricing Antitrust Litigation sought to insure they would get not only their own piece of the pie, but also a sizable sliver of everyone else’s. Claiming they are prosecuting potentially “the largest … Continue Reading

Broiler chicken antitrust litigation gains momentum

As millions of Americans contemplate whether to fry, smoke or barbeque their chicken over the upcoming 4th of July holiday, the antitrust class action against our nation’s largest chicken producers—In Re Broiler Chicken Antitrust Litigation, No. 16-cv-8637—took a significant turn this past week, when the U.S. Department of Justice formally intervened in the multi-district private … Continue Reading
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