ANNA T. NEILL, PH.D.

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  • Four Seasons Tower
    1441 Brickell Avenue, Suite 1100
    Miami, FL 33131

    

Anna Neill is a federal antitrust attorney, primarily representing plaintiffs.  An experienced trial attorney, her practice focuses on bringing claims for large retail pharmacy chains against brand and generic pharmaceutical companies who engage in anticompetitive practices designed to thwart generic competition and thereby drive up the cost of prescription drugs. 

Anna has represented retailer plaintiffs in well over a dozen pharmaceutical reverse payment cases.  In these cases, sometimes called “pay-for-delay” cases, brand drug manufacturers and their potential generic drug competitors conspire to have the brand manufacturer pay the generic company to refrain from introducing a competing generic drug for some period of time.  During this period of delay, which may extend from several months to many years, both the brand and the generic manufacturer benefit financially by sharing the monopoly profits of the brand drug, while the purchasers of those drugs – including retailers, patients, and health insurers – are forced to pay higher prices than they otherwise would in a competitive market.

Anna is also a member of the Board of the Miami Chapter of the ACLU of Florida and has worked pro bono as a cooperating attorney with the ACLU in federal litigation to protect the rights of individuals experiencing homelessness.  She also serves on the Miami ACLU’s legal panel and has been the Secretary of the Chapter since 2021.

Anna was born and grew up in Atlanta, Georgia where she attended The Westminster Schools.  She then attended the University of Richmond in Richmond, Virginia, where she earned both a B.A. in Spanish and a B.S. in Biology, summa cum laude and Phi Beta Kappa.  Following college, she moved across the country to San Diego, California, where she earned a Ph.D. in Marine Biology from the Scripps Institution of Oceanography at the University of California at San Diego.  Her Ph.D. dissertation study focused on cellular signaling pathways involved in sea urchin fertilization, including work in cellular biology, protein biochemistry, and bioinformatics.

Following the completion of her Ph.D., Anna moved from Southern to Northern California to attend Stanford Law School.  She completed her J.D. in 2008 and then moved to Miami, Florida to clerk for the Honorable Rosemary Barkett on the U.S. Court of Appeals for the Eleventh Circuit.  Following her clerkship, she returned to Northern California where she worked with a large, international law firm primarily practicing intellectual property litigation before returning to Miami and joining Kenny Nachwalter in 2012. 

  • Represented retailer plaintiffs in In re Modafinil Litigation, Case No. 06-cv-02768-MSG (E.D. Pa.), a suit against several brand and generic pharmaceutical manufacturers that alleged that those manufacturers entered into a pay-for-delay scheme to delay competition for the branded drug Provigil.  Anna was part of the trial team that pursued a 16-day jury trial against a generic manufacturer defendant in the Eastern District of Pennsylvania before the case settled.
  • Represented retailer plaintiffs in the multidistrict litigation In re Solodyn (Minocycline hydrochloride) Antitrust Litigation, 14-md-02503-DJC (D. Mass.), a case alleging an unlawful agreement between a brand and generic pharmaceutical companies that resulted in the delay of generic Solodyn to the market.  Anna was part of the team that tried the case to a jury before reaching a settlement at the close of the plaintiffs’ case.
  • Represented retailer plaintiffs in In re Glumetza Antitrust Litigation, 19-cv-05822-WHA (N.D. Cal.), a suit alleging that various brand and generic drug manufacturers entered into an unlawful agreement to delay the introduction of generic competitors to the type-2 diabetes drug Glumetza.  The case settled before trial after plaintiffs prevailed against defendants’ summary judgment motions attacking the presence of an antitrust violation and causation. 
  • Stanford Law School, J.D., 2008
  • Scripps Institution of Oceanography, University of California, San Diego, Ph.D., 2005
  • University of Richmond, B.S. and B.A., summa cum laude and Phi Beta Kappa, 1999
  • Law Clerk to the Hon. Rosemary Barkett, U.S. Court of Appeals, Eleventh Circuit, 2008-2009

  • Florida, 2012
  • California, 2010
  • U.S. Supreme Court, 2010
  • U.S. Court of Appeals, Ninth Circuit, 2010
  • U.S. Court of Appeals, Third Circuit, 2014
  • U.S. Court of Appeals, First Circuit, 2015
  • U.S Court of Appeals, Eleventh Circuit, 2019
  • U.S. District Court, Central District of California, 2010
  • U.S. District Court, Northern District of California, 2011
  • U.S District Court, Southern District of Florida, 2013
  • U.S. District Court, Middle District of Florida, 2016
  • American Bar Association
    – Antitrust Law Section
    – Litigation Section
  • California Lawyers Association
    – Antitrust and Unfair Competition Law Section
    – Intellectual Property Law Section
  • The Florida Bar
    – Business Law Section
    – Trial Lawyers Section
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  • ACLU of Florida Greater Miami Chapter
    – Board Member, 2017-present
    – Secretary of the Board, 2021-present
  • Represented the plaintiff class of individuals experiencing homelessness in Miami in Pottinger v. City of Miami (now known as Peery v. City of Miami, Case No. 19-cv-10957) to enforce the Pottinger consent decree and hold the City in contempt for violating the decree through a series of sweeps banishing homeless persons from encampments and destroying their IDs, medicine, clothes, and other essential belongings.
  • “In re: Solodyn Antitrust Litigation: Lessons from a ‘Big Stakes’ Reverse Payment Pharmaceutical Trial,” Golden State Antitrust, UCL and Privacy Law Institute, 2018, Panelist
  • “Civil Liberties and LGBTQ+ Rights in Florida,” ALCU of Florida Greater Miami Chapter Forum, 2021, Moderator

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