Eugene E. Hutchinson is an experienced antitrust litigator, having represented publicly traded and privately held companies in all aspects of litigation, from pre-suit counseling through trial, in complex class actions and multidistrict litigations across the nation involving federal and state antitrust and consumer protection claims. His experience spans a variety of industries, including life sciences, technology, metals and mining, automotive, and insurance. He has particular depth in pharmaceutical antitrust litigation, having litigated complex issues at the intersection of antitrust and intellectual property, including “reverse payment” and “product hop” claims.
Eugene’s substantial trial experience includes trial strategy development, first and second chair of fact and expert witness examinations and opening and closing statements, and trial motions such as Daubert motions and motions in limine. He regularly drafts and argues dispositive and non-dispositive pre-trial motions, including oppositions to class certification, motions to dismiss, and motions for summary judgment.
On discovery, Eugene has extensive experience leading workstreams and managing large-scale e-discovery teams. He works closely with economic and industry experts on case analysis and expert reports regarding market definition, market power, competitive effects, and damages.
Eugene engages in alternative dispute resolution, including mediation and pre-suit negotiations. He also prepared appeal briefs on issues ranging from merger litigation to class certification.
Beyond litigation, Eugene provides counseling on complex antitrust issues and compliance. He leads matters and regularly acts as the point of contact for clients, co-counsel, and third-party vendors.
Eugene is an active author on pharmaceutical antitrust and drug pricing issues, having regularly contributed to the United States: Pharmaceutical Antitrust annual publication by Global Competition Review for several years.
During law school, Eugene served as an articles editor for the Hofstra Law Review. Prior to joining our firm, Eugene spent a decade litigating at a global law firm.
FOR THE COMMUNITY
Eugene maintains an active pro bono practice. Among other areas, he has represented plaintiffs in constitutional civil rights matters and employment litigation.