Stuart N. Senator

The breath of Munger, Tolles & Olson LLP partner Stuart N. Senator’s experience includes handling high-profile and precedent-setting cases in industries like pharmaceuticals, finance and technical services.

One of his major accomplishments was leading the defense team in FTC v. AbbVie, the first case brought by the Federal Trade Commission following the U.S. Supreme Court’s ruling in FTC v. Actavis. This ruling set the standard for evaluating alleged pay-for-delay settlement agreements, making Senator’s role in this case particularly noteworthy.

Senator represented AbbVie in a separate antitrust litigation, where he successfully defended against claims related to an improper pay-for-delay settlement. In re: Niaspan Antitrust Litigation, 21-2895 (3rd. Cir. op., filed Apr. 24, 2023).

His efforts led to the U.S. Court of Appeals for the Third Circuit affirming the denial of class certification, a significant victory that underscored the importance of the ascertainability requirement in class action litigation.

“It not only protects absent class members’ due-process rights to be notified so they can make an informed decision about whether to participate or opt out of a given class actions, but it also protects defendants’ due process interests in the finality of judgments,” Senator said.

He also represented defendants in an antitrust class action brought by pet owners. The case involves allegations that Idexx Laboratories’ contracts with veterinarians impede competition in veterinary diagnostic tests. Cam Yuen et al. v. IDEXX Laboratories Inc. et al., 3:22-cv-04297 (N.D. Cal., filed July 25, 2022).

After securing the case’s transfer to the District of Maine, Senator continues to defend IDEXX.

Senator also confidentially advises health care companies on antitrust aspects of potential mergers and acquisitions, showcasing his broad expertise in antitrust matters.

“Representing large research-based pharmaceutical companies in antitrust actions requires explaining to courts, juries and the public the investment required in developing new pharmaceuticals and the other facts relevant to the value of the pharmaceuticals at issue, as well as differentiating between the roles of the various entities involved in the chains of distribution and payment for prescription drugs,” he said. “Pharmaceutical pricing has been a very hot topic recently. However, the net pricing of pharmaceuticals is based upon the actions of multiple entities in the chain of distribution and complex regulatory requirements. Claims against a pharmaceutical company should be decided based on the facts, not generalized impressions of the pharmaceutical industry or that industry’s complex structure.”

Beyond his legal practice, Senator’s commitment to public service is evident. He led litigation to improve California’s enforcement of heat illness prevention regulations, receiving accolades from the American Civil Liberties Union and Public Counsel for his work. Senator’s public service also extends to his roles as a trustee of the Santa Monica Mountains Conservancy Foundation, the California State Parks Foundation, and as a director of Menorah Housing Foundation, focusing on environmental conservation and affordable housing for seniors.