Overview

Gregory E. Neppl is a partner and antitrust lawyer with Foley & Lardner LLP. His practice includes antitrust counseling, merger review and HSR notification preparation, government investigation response, antitrust compliance program development, and the litigation of antitrust, intellectual property and commercial matters. He also counsels numerous hedge funds and other institutional investors pursuing event driven and risk arbitrage investment strategies, including merger, litigation, regulatory and public policy arbitrage situations. Mr. Neppl has significant jury and bench trial experience from his private and government practices. He is a member of the firm’s Antitrust; Government Enforcement Defense & Investigations; and Trade Association Practices.

Prior to joining Foley, Mr. Neppl served as Senior Antitrust and Regulatory Counsel for Litton Industries, Inc., a subsidiary of Northrop Grumman Corporation as of 2001. In that position, he provided day-to-day antitrust counseling; reviewed acquisitions, teaming agreements, strategic alliances and patent licenses for antitrust issues; prepared HSR notifications and facilitated agency approvals; responded to antitrust agency investigations and inquiries; and developed and implemented antitrust compliance training programs.

Mr. Neppl has also served as Trial Attorney with the Antitrust Division of the United States Department of Justice (Litigation II Section). In that position, he conducted numerous civil and criminal antitrust investigations. He also served as Special Assistant United States Attorney in Washington, D.C., where he prosecuted criminal matters in D.C. Superior Court. Prior to joining the Department of Justice, Mr. Neppl practiced as a general commercial litigator in Tampa, Fla.

Education

Mr. Neppl earned his J.D. with honors from Duke University in 1987, and his B.A., magna cum laude, from Duke University in 1984.

Mr. Neppl is a Knight in The International Order of St. Hubertus, founded by Count Franz Anton Spork in 1695 in Austria. The Protector of this royal Order is Juan Carlos, King of Spain.

Recognition

Mr. Neppl has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system.

Admissions

Mr. Neppl is admitted to the District of Columbia bar.

Select Publications and Presentations

  • “Minimizing Antitrust Violation Risks,” presentation at the Detroit Auto Show, January 13, 2016
  • “Minimizing Antitrust Violation Risks,” presentation at the Los Angeles Auto Show, November 19, 2015
  • “FTC’s $1.2 Billion Disgorgement Settlement With Cephalon: Heightened Scrutiny of Hatch-Waxman Settlements,” Foley Legal News: Life Sciences, June 2, 2015
  • “Auto Parts Antitrust Investigation Update,” briefing to the Original Equipment Suppliers Association, December 5, 2013
  • “Supreme Court Game-Changer: Rule of Reason Applies to ANDA Reverse Payment Settlements,” Foley Legal News Alert: Antitrust, June 13, 2013
  • "Antitrust Enforcement Update," briefing to the Original Equipment Suppliers Association, December 6, 2012
  • "U.S. Antitrust Enforcement: Trends and Tools," briefings to the Danish American Business Forum, June 19/20, 2012
  • "Antitrust Enforcement Trends," briefing to the Original Equipment Suppliers Association, April 27, 2012
  • Bloomberg Live TV interview regarding Senate Judiciary Committee, Antitrust Subcommittee hearing on pending AT&T/T-Mobile transaction, May 11, 2011
  • "Criminal Antitrust Investigations," CLE presentation for attorneys and clients, May 10, 2010
  • "Possible Revision of the Horizontal Merger Guidelines," Foley Legal News Alert: Antitrust, September 29, 2009
  • "As Part of Trend of Increased Antitrust Enforcement, DOJ Focuses on Agricultural Markets: Nationwide Series of Workshops Announced for 2010, Public Comments Invited," Foley Legal News Alert: Food Industry, August 19, 2009
  • "Financial Crisis And Merger Review Standards," Competition Law360, April 30, 2009
  • "Jon Leibowitz Appointed FTC Chair: Potential Impact on the Pharmaceutical Industry," Foley Legal News Alert: Life Sciences, March 12, 2009
  • "Staying Competitive and Compliant in the EU – Part III," Foley Web Conference, February 19, 2009

Representative Matters

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Represented Fortune 1000 manufacturing company in connection with acquisition of competitor. The matter involved responding to HSR second request and negotiating terms of consent order with U.S. Department of Justice Antitrust Division for divestiture sale.
In January 2014, Dainippon Sumitomo Pharma Co., Ltd entered into an agreement with Edison Pharmaceuticals, Inc. ("Edison") that amends the license agreement between the two companies relating to EPI-743 and EPI-589, which are therapeutic agents under development for mitochondrial disease. On the same date, a joint research agreement for discovery of novel candidate pharmaceutical compounds targeting cellular energy metabolism and a stock purchase agreement relating to DSP’s purchase of an equity interest in Edison were also entered into. Foley & Lardner LLP client Dainippon Sumitomo Pharma Co., Ltd. manufactures and sells pharmaceuticals, food ingredients, food additives, veterinary medicines, diagnostics, and others in Japan, China, North America, and internationally. The company offers various pharmaceutical products and develops and sells ingredients and additives and offers veterinary medicines for companion animals, including dogs and cats; and farm animals, such as cattle, swine, horses, and cultured fish. Additionally, the company develops point-of-care testing diagnostic products for infectious diseases. The company was founded in 1897 and is headquartered in Osaka, Japan. Dainippon Sumitomo Pharma Co., Ltd. operates as a subsidiary of Sumitomo Chemical Co., Ltd. Edison Pharmaceuticals is a biotechnology company based on the discovery and development of low-molecular therapeutic drugs for the treatment of Mitochondrial disease. Founded in 2006, it is headquartered in Mountain View, California, USA.
Foley represented Guggenheim Baseball Management in its acquisition of the Los Angeles Dodgers, marking the single largest transaction ever for a professional sports franchise. The new ownership group is led by Mark Walter, Chief Executive Officer of Guggenheim Partners, Earvin “Magic” Johnson, Peter Guber, and Stan Kasten, the former president of the Atlanta Braves and Washington Nationals, among others. The transaction, valued at over $2 billion, closed as of April 30, 2012, per an agreement between owner Frank McCourt and Major League Baseball (MLB) that was approved by the Delaware Bankruptcy Court, with funding occurring on May 1, 2012. This complex transaction was a unique and highly competitive sale process and tight timeline that required closing within 30 days of being selected as the winning bidder and special consideration to matters related to mergers and acquisitions, tax, bankruptcy, financing, real estate and land use, and media rights, among other areas. Overall, more than 60 Foley attorneys from 11 offices and 12 different practice groups assisted on the transaction, demonstrating both the breadth and depth of Foley’s capabilities in assisting clients to navigate such complex and high-profile transactions. The Dodgers transaction follows on the heels of Foley's successful recent representations of Wayne Weaver in his sale of the Jacksonville Jaguars, Rangers Baseball Express LLC in its acquisition of the Texas Rangers, and the Ricketts Family in its acquisition of the Chicago Cubs, which previously held the record price for an MLB franchise sale at $845 million.