Sarah O'Laughlin Kulik

Representative Matters

• Defending consummated merger of prosthetics manufacturers against alleged violations of the Clayton Act and the Federal Trade Commission Act in Federal Trade Commission Part 3 administrative proceeding.

• Investigation and representation of a research university in connection with multi-agency government investigation into research accounting and compliance matters.

• Representing generic drug manufacturer against price-fixing allegations in federal multi-district antitrust litigation.

• Obtained on behalf of a production company a decision from the Supreme Court of Pennsylvania holding that the client could present a legal question of statutory interpretation in a declaratory judgment action without first having to litigate the underlying dispute through the administrative process. The Supreme Court reversed an order from the Commonwealth Court of Pennsylvania and remanded the case for consideration of the merits.

• Represented Morton Grove Pharmaceuticals Inc. and Wockhardt USA LLC in a request to the U.S. Supreme Court to review a Pennsylvania appellate court ruling that the product liability claims of thousands of generic Reglan users weren't necessarily preempted by federal law.

• Obtained dismissal on behalf of international franchisor before the U.S. District Court for the Eastern District of Virginia of claims alleging violation of the Virginia Retail Franchising Act and breach of the implied covenant of good faith and fair dealing.

• Obtained dismissal on behalf of an Ontario, Canada-based provider of case management software for health and social services agencies on forum non conveniens grounds in a lawsuit that was pending in the U.S. District Court for the Southern District of New York.

Admissions

• Pennsylvania
• New Jersey

Education

• Cornell Law School, J.D., cum laude, 2014
  - Articles Editor, Cornell Law Review
• Bucknell University, B.A., magna cum laude, 2011

Experience

• Duane Morris LLP
  - Associate, 2014-2016; 2017-present
• U.S. District Court for the Eastern District of Pennsylvania
  - Law Clerk to the Hon. Michael M. Baylson, 2016-2017

Professional Activities

• Young Lawyer Representative for the ABA Section of Antitrust Law Civil Practice and Procedure, 2020-2022
• Vice Chair, ABA Young Lawyers Division, Antitrust Committee, 2021-2022

• Young Lawyer Representative for the ABA Section of Antitrust Law IP Committee, 2019-2020

Honors and Awards

• Named to Best Lawyers "Ones to Watch," 2021-2023

Selected Publications

• Co-author, "Federal Trade Commission Votes to Reverse Stance on Pharmacy Benefit Managers," Duane Morris Alert,July 24, 2023
• Co-author, "FTC and DOJ Propose Major Changes Requiring Significantly More Information in Merger Filings," Duane Morris Alert, June 29, 2023
• Co-author, "The U.S. Supreme Court Holds That Litigants Can Bring Constitutional Challenges to Agency Enforcement in Federal District Court," Duane Morris Alert, April 17, 2023
• Co-author, "FTC Announces Increased Reporting Thresholds and Implements Revised Fee Structure for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 24, 2023
• Co-author, "Proposed Consent Orders Invalidating Noncompete Agreements Reflect FTC's Broad View of FTC Act Section 5," Duane Morris Alert, January 6, 2023
• Co-author, "College Baseball Coaches Bring Antitrust Class Action Challenging NCAA Labor Restrictions," Duane Morris Alert, December 8, 2022
• Co-author, "DOJ Brings First Criminal Charges Under Section 2 of the Sherman Act in Nearly 50 Years," Duane Morris Alert, November 14, 2022
• Co-author, "Board Directors Beware: U.S. Antitrust Agencies Ramp Up Enforcement of Interlocking Directorates," Duane Morris Alert, November 9, 2022
• Co-author, "Anticipating Expansion Of FTC's Section 5 Antitrust Authority," Law360, September 21, 2022
• Co-author, "Preparing for a New Era of Consumer Privacy in Antitrust Enforcement," ABA Section of Litigation, December 17, 2021
• Co-author, "Nomination of DOJ Antitrust Head Signals New Era in Antitrust Enforcement," Westlaw Today, August 17, 2021
• Co-author, "1-800 Contacts Ruling Illustrates IP Hurdle For Antitrust Cases," Law360, July 8, 2021
• Co-author, "New Year, New Thresholds for Premerger Notifications Under Hart-Scott-Rodino Act," Duane Morris Alert, February 5, 2021
• Co-author, "Ninth Circuit Rejects Challenge to Pay-for-Delay Law on Standing Grounds," Duane Morris Alert, July 30, 2020
• Co-author, "FTC Announces Increased Reporting Thresholds for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, January 29, 2020

• Co-author, "Third Circuit Curtails FTC's Authority to Seek Injunctions and Restitution in Federal Court," Duane Morris Alert, March 1, 2019

• Co-author, "FTC Announces Increased Reporting Thresholds and Increased Civil Penalties for the Hart-Scott-Rodino Antitrust Improvements Act," Duane Morris Alert, March 1, 2019

Selected Speaking Engagements

• Speaker, "Antitrust Compliance in Labor Markets: Don’t Trust Your Instincts Alone," Duane Morris Institute (DMi), Webinar, January 26, 2023
• Moderator, "Anatomy of Antitrust Litigation: E-discovery Top 5," American Bar Association Civil Practice and Procedure Committee, Webinar, February 25, 2022
• Moderator, "Nuts and Bolts Discovery Series Part 3: Depositions" American Bar Association, Antitrust Law Section Civil Practice and Procedure Committee, June 29, 2021
• Moderator, "Nuts and Bolts Discovery Series Part 1: Discovery Negotiations'" American Bar Association, Antitrust Law Section Civil Practice and Procedure Committee, June 1, 2021
• Presenter, "Mitigating Civil and Criminal Antitrust Risks During a Pandemic and the 'New Normal,'" Duane Morris COVID-19: Navigating Forward Webinar Series, February 25, 2021