Robert F. Leibenluft

Robert F. Leibenluft

Partner, Washington, D.C.

Email robert.leibenluft@​hoganlovells.com

Phone +1 202 637 5789

Fax +1 202 637 5910

Practice groupRegulatory

Bob Leibenluft's antitrust practice is unusual in that it focuses on only one industry — health care and life sciences — yet it spans all industry sectors, including providers, payers, and drug and device manufacturers. He brings over 35 years of experience, including heading the FTC Health Care Division, to his representation of clients in counseling, investigations, transactions, and litigation matters.

Starting at the firm in 1981 as a health regulatory lawyer, Bob became a nationally recognized lawyer on Medicare issues. His deep understanding of the industry was a reason he was asked to lead the FTC Healthcare Division in the mid-1990s, where he supervised drafting of the FTC/DOJ Health Policy Statements, which first addressed clinical integration, and led investigations of hospital mergers and physician networks.

On a pro bono basis, Bob has led a 10-year review of the D.C. government's response to HIV/AIDs, advised the government of Liberia on a new public health law, and provided antitrust advice to the CEO Roundtable on Cancer.

Chambers USA describes Bob as "renowned for his expertise in health care antitrust and is singled out by a source as someone who really knows how the system works" and who is hailed by peers as a "terrific health care antitrust lawyer."

Bob is an inaugural fellow and former vice president of the American Health Lawyers Association. He is a former Chair of the ABA Antitrust Section's Health and Pharmaceuticals Committee, Joint Conduct Committee, and State Enforcement Committee. Bob also served as Chair of the Board of Directors of HCI3, the parent of Prometheus Payment, and Bridges-to-Excellence. He teaches the course Antitrust in the Health Care Sector at George Washington School of Law, where he is an adjunct professor.

Awards and recognitions

2011-2018

Healthcare: Regulatory & Litigation (Nationwide)
Chambers USA

2006-2018

Healthcare (District of Columbia)
Chambers USA

2014-2017

Antitrust (District of Columbia)
Chambers USA

2017

Healthcare: Transactional (Nationwide)
Chambers USA

2008-2017

Antitrust Law
The Best Lawyers in America

2013, 2015-2016

Healthcare: Service Providers
Legal 500 US

2014

Washington's Top Lawyers: Health Care
Washingtonian

2008-2018

Health Care, Antitrust Litigation
Washington, D.C. Super Lawyers

2009-2011

Top 25 for Health Care
Best of the Best USA

2005

Outstanding Health Care Antitrust Lawyer
Nightingale's Health Care News

2005

Guide to the Leading U.S. Health Care Lawyers

Education and admissions

Education

J.D., University of California, Berkeley Boalt Hall School of Law, Order of the Coif, 1980

B.A., Yale University, magna cum laude, 1973

Memberships

Former Chair, Board of Directors, Health Care Incentives Improvement, Inc. (parent of Prometheus Payment, Inc., and Bridges-to-Excellence)

Former Chair, Health Care and Pharmaceuticals Committee; Joint Conduct Committee; and State Enforcement Committee, Antitrust Section, American Bar Association

Inaugural Fellow, Past Vice President, and Member of the Board of Directors, American Health Lawyers Association

Bar admissions and qualifications

District of Columbia

Representative experience

Counseling numerous pharmaceutical companies regarding patent litigation settlements.

Counseling numerous drug and device manufacturers on pricing policies, including loyalty and volume discounts, bundling, and price discrimination.

Advising hospitals, physicians, health plans, and life science companies on merger clearance, HSR filings, and due diligence and integration planning.

Advising numerous physician networks and physician/hospital organizations regarding clinical integration.

Represented Advocate Health Partners in FTC investigation and litigation with a private health plan regarding its clinical integration program.

Technical advisor to grantees on RWJF Aligning Forces for Quality program re antitrust issues raised by employer/provider/health plan collaborations.

Defended several health plans in investigations by DOJ and state attorney generals regarding most-favored nation provisions.

Defended American Society for Reproductive Medicine in class action challenging ethical guideline on payments for egg donors; defeated damages class.

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