Jennifer Dowdell Armstrong

Representative Cases/Matters

BUSINESS/COMPLEX COMMERCIAL LITIGATION

• Represented pharmaceutical distributor in national federal multi-district class action opioid litigation, as well as in a multi-defendant lawsuit filed by the Ohio Attorney General.  
• Won dismissal of a $700 million False Claims Act action against a nonprofit conservancy district that was affirmed on appeal in the U.S. Court of Appeals for the Sixth Circuit. Defeated relator’s petition for certiorari to the U.S. Supreme Court.
• Won dismissal of all claims against two large technology companies in a 23-count class action complaint alleging federal antitrust violations and tort and consumer-protection claims under the laws of five different states.
• Represented two publicly-traded corporations in ongoing multidistrict civil antitrust litigation against alleged global cartels.  Negotiated a highly favorable settlement.
• Represented a worldwide distributor of mechanical power transmission parts in a civil antitrust resale price maintenance case.
• Won dismissal of all federal civil antitrust claims against a leading food corporation.
• Won dismissal of a class action complaint alleging violations of federal securities laws against a global financial institution. 
• Defended a multinational freight transportation company in a class action complaint alleging violations of the Fair Credit Reporting Act and obtained favorable settlement.
• Represented 10 high-net-worth individuals that invested over $19 million in a failed corporation against the business’s inside Board of Directors, alleging violations of state securities laws, fraud, and numerous business torts.  Obtained a highly favorable settlement.
• Defended a construction company in a multi-party civil action alleging violations of Illinois antitrust laws.
• Won federal dismissal of all claims against a boutique investment banking and management advisory firm in a 10-count multi-defendant complaint, including breach of contract, fraud, and tortious interference claims. 
• Won dismissal of all claims against a local hospital in a 15-count multi-defendant complaint brought by five city residents seeking to prevent the hospital’s closure.
• Represented national automotive corporation in federal Telephone Consumer Protection Act class action litigation. Negotiated highly favorable settlement at case management conference.

  
  WHITE COLLAR CRIME/INTERNAL INVESTIGATIONS

• Defended public corruption case at six-week federal trial of four healthcare professionals on charges of: RICO; conspiracy to commit Hobbs Act bribery; conspiracy to commit honest services and money and property mail and wire fraud; money and property mail fraud; conspiracy to solicit, receive, offer and pay health care kickbacks; receipt of kickbacks in connection with a federal health care program; conspiracy to obstruct justice and tamper with witnesses; and false statements on tax returns.     
• Represented a pharmaceutical distributor in Drug Enforcement Administration administrative proceedings and a U.S. Attorney investigation alleging violations of the Controlled Substances Act. Prevailed on subpoena enforcement proceedings in federal district; the court ordered the DEA to produce documents to the pharmaceutical distributor pursuant to an administrative subpoena over the DEA’s objections.
• Represented a business executive in a federal criminal public corruption investigation. No charges or actions were filed. 
• Defended a Grammy Award–winning musician against indictment for a felony weapons violation and assault and battery. After filing a constitutional challenge to the indictment, the case resolved with a misdemeanor plea and the imposition of a $250 fine. 
• Defended an executive in a federal criminal investigation and at trial for alleged healthcare fraud allegations.  Obtained a sentence that was 24 months below the United States Sentencing Guidelines range.
• Represented a chief executive officer of a manufacturing company in a federal criminal indictment for tax fraud.  Obtained a sentence of six months of imprisonment and six months of home detention, approximately 20 months below the United States Sentencing Guidelines range.
• Defended a government contractor against a federal criminal indictment alleging multiple counts of wire fraud, money laundering, and false statement.
• Represented the Board of Directors of a national manufacturing company in connection with an internal investigation of potential FCPA violations.
• Represented the Board of Executives of a national healthcare corporation in connection with internal investigation of potential antitrust violations.
• Represented a high-level executive in the financial services industry in a Securities and Exchange Commission investigation.
• Represented an individual in federal court charged with criminal bank fraud, access device fraud, and operating an unlicensed Bitcoin Money Transmitting Business.  Negotiated dismissal of mandatory minimum identity fraud count and received a below-Guidelines sentence.
  
  ANTITRUST/FCPA COMPLIANCE COUNSELING

• Counseled trade associations on antitrust compliance, including communications with competitors, information exchanges, membership decisions, non-member access to association events and services, codes of ethics and advertising rules, standard setting, and Noerr-Pennington immunity and exceptions.  
• Counseled numerous clients in health care, construction, and manufacturing industries regarding compliance with Sherman and Robinson-Patman Acts, pricing, vertical relationships, and trade association activities.
• Counseled worldwide manufacturer and distributor regarding antitrust implications of participation in industry standard formulation.
• Counseled worldwide corporation regarding potential antitrust implications of acquisition of its competitor.
• Counseled ophthalmology group regarding potential tying and exclusive dealing antitrust claims against competitor.
• Counseled numerous clients with international business operations and interests regarding Foreign Corrupt Practices Act compliance.
• Provided antitrust and Foreign Corrupt Practices Act compliance training to Board of Directors, senior executives, sales staff, and other high-risk employees.