Stuart N. Senator

Specializing in health care antitrust matters, Stuart N. Senator has handled significant cases involving competition between brand names and generic pharmaceuticals. He played a leading role in defending AbbVie Inc in multiple lawsuits, including a high-profile matter where he successfully opposed the certification of a billion-dollar damages class. In re: Niaspan Antitrust Litigation, 21-2895 (3rd. Cir. op., filed Apr. 24, 2023).

Senator also provides confidential antitrust advice to health care companies.

Outside of his legal practice, Senator is deeply committed to public service. He led Bautista v. State of California, a litigation that challenged the state’s inadequate enforcement of heat illness prevention regulations. The settlement of the case in 2015 resulted in improved enforcement and strengthened regulations, preventing heat-related deaths among farmworkers. For his work on this issue, Senator received awards from the American Civil Liberties Union and Public Counsel.

Regarding challenges in the health care field, Senator notes the increasing prominence of biologics (large molecule prescription drugs) and biosimilars, which require different statutory and regulatory considerations compared to small molecule drugs. He also highlights the trend of increased government involvement and influence in pricing and transparency in health care.

“The increase of biologics or large molecule prescription drugs and biosimilars is significant for those attorneys who practice within the health care space due to the different statutory and regulatory structure for drug approvals compared to brand name small molecule prescription drugs and generics. This shift will bring changes to health care attorneys’ practices nationally and internationally,” Senator said.

“Similarly, we can expect a shift in the types of legal issues health care lawyers handle as we see increased government involvement or influence in price setting for and price transparency for health care,” Senator continued. “As we have seen in the tech space, increased government interest and involvement can mean increased regulation and eventually litigation in some cases.”

He also advises on the antitrust aspects of mergers and acquisitions, often in undisclosed representations. He emphasizes the importance of evaluating claims against pharmaceutical companies based on factual evidence rather than general impressions of the industry.

“There are several trends I am seeing in the health care space currently, including the increase of biologics, or large molecule prescription drugs and biosimilars, as well as more government involvement or influence in price setting for and price transparency for health care,” Senator said. “Additionally, we need to keep our eyes on efforts to use state legislatures and courts to block access to certain prescription drugs and other medical treatments which are based on the challengers’ expressed religious or moral objections.”

He has served as a trustee of the Santa Monica Mountains Conservancy Foundation, the California State Parks Foundation and the Menorah Housing Foundation, organizations dedicated to improving the State Park system and developing housing projects for low-income seniors, respectively.