News & Insights


Unlevel Playing Field: What Can You Do When Your Competitor Is Gaining An Illegal Advantage?

We are offering a Webinar or in person option for the Roundtable.

On October 20, 2015, King & Spalding will host a Healthcare Roundtable analyzing strategic options that healthcare and life sciences companies may consider when faced with credible evidence that a competitor is breaking the law to gain an unfair business advantage.

The seventy-five minute Roundtable will include the following topics:

  • Bringing Bad Acts to Light: Is it possible to inform on competitors by contacting criminal and/or regulatory enforcement agencies? Is a RICO action a potential option?
  • Offensive Litigation: Do business torts or consumer protection statutes such as tortious interference and unfair trade practices create mechanisms for ending a competitor’s illicit practices and recovering damages for the harm that your company has suffered? Can the federal False Claims Act be turned against competitors?
  • Offensive Advisory Opinions: Should you consider requesting a strategic advisory opinion raising a question as to the propriety of your competitor’s unlawful activity?
  • Applying Pressure from Washington: Can contacts on Capitol Hill and in regulatory agencies be used to urge relevant administrative bodies to conduct studies and investigations?
  • Just Because You Can, Doesn’t Mean You Should: Would you be better off using business-to-business (e.g., General Counsel to General Counsel or Compliance Officer to Compliance Officer) connections to de-escalate the situation? Is your own house in order and can you withstand parallel counterclaims?

King & Spalding Presenters:

  • Jim Boswell
  • Rob Keenan
  • Seth Lundy
  • Paul B. Murphy
  • Mike Paulhus (moderator)
  • Ramsey Prather

You do not have to be a client to attend, and there is no charge.

General information on our practice is available in our electronic publications Serving the Healthcare Industry, Around the Corner and Serving the Life Sciences Industry. If you would like to be included on our regular pharmaceutical manufacturers, medical device manufacturers or healthcare provider mailing lists to receive notices of other events and written updates, you can be added by submitting your full contact information to and specifying the list you wish to join.

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If you have questions concerning this Roundtable Webinar, e-mail

Event Details

Date: October 20, 2015

Time: 8:00 pm