Tell us about your top U.S. Supreme Court or federal appeals court victory over the past year and how you and your team achieved the win.

Merck & Co. v. U.S. Department of Health and Human Services: We secured a unanimous D.C. Circuit affirmance of a victory we achieved in the D.C. District Court for Merck, Amgen and Eli Lilly, invalidating an unprecedented federal rule that would have required every pharmaceutical manufacturer to include their wholesale list prices when advertising their drugs to consumers on television. In an opinion that set an important precedent regarding the scope of delegated agency powers, the D.C. Circuit agreed with us that the rule exceeded HHS’s statutory authority, noting that the agency may not “move the goalposts to wherever [it] kicks the ball.”

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