Donna M. Evans is Of Counsel at Cohen Milstein and a member of the firm’s Antitrust practice group.
Ms. Evans has thirty years of experience as a trial lawyer in complex civil litigation that includes antitrust pharmaceutical class action litigation and sophisticated business litigation involving emerging technologies, biomedical devices and healthcare, fiduciary and business disputes, and First Amendment/media litigation. She has substantial jury trial experience, as well as mediation, arbitration and appellate experience.
Currently, Ms. Evans is focused on cutting-edge pay-for-delay pharmaceutical antitrust litigation, which addresses collusive, non-competition agreements between brand and generic drug manufacturers in order to delay entry of lower-priced generic drug products. She is also involved in the litigation of generic drug price-fixing cases, which come on the heels of a government investigation led by the U.S. Department of Justice alleging similar conduct, which, while ongoing, has already resulted in indictments and guilty pleas.
Ms. Evans is representing class purchasers in several high-profile antitrust cases including:
- In re Lipitor Antitrust Litigation (D.N.J.): Plaintiffs allege that Pfizer, the manufacturer of the cholesterol drug Lipitor, the best-selling drug in pharmaceutical history, conspired with Ranbaxy, the generic manufacturer, to delay its introduction of a generic Lipitor product. On August 21, 2017, the Third Circuit handed a sweeping victory to Plaintiffs, reviving their antitrust claims. This case was ranked by Law360 as one of “The Biggest Competition Cases Of 2017 So Far” (July 7, 2017).
- In re Loestrin Antitrust Litigation (D.R.I.): Plaintiffs allege that Warner Chilcott PLC and three others entered into an agreement to delay the introduction of a generic version of the contraceptive drug Loestrin. Following the First Circuit’s remand of the case for further proceedings, on August 21, 2017, the District Court, in an unsealed opinion, stated that Defendants must face multidistrict litigation. Discovery is currently ongoing.
Ms. Evans’ recent, successfully concluded matters include:
- In re Lidoderm Antitrust Litigation (N.D. Cal.): Plaintiffs alleged that Endo and Teikoku, manufacturers of the Lidoderm patch, paid Watson Pharmaceuticals to delay its generic launch. The case settled on the eve of trial and on September 20, 2018, Plaintiffs obtained final approval of a $104.75 million settlement– more than 40% of Plaintiffs’ best-case damages estimate. This case was ranked by Law360 as one of “The Biggest Competition Cases Of 2017 So Far” (July 7, 2017).
- In re Solodyn Antitrust Litigation (D. Mass.): Cohen Milstein served as a member of the executive committee and Ms. Evans played a significant role in coordinating discovery on behalf of the End-Payor Plaintiffs. The case, which settled mid-trial, resulted in a $43 million recovery for the Class.
Prior to joining Cohen Milstein in 2015, Ms. Evans was a litigation partner at two global defense firms, where she addressed antitrust, fraud, and RICO disputes, as well as commercial, intellectual property litigation, including patent and First Amendment-related disputes. Ms. Evans’ jury trial experience includes obtaining one of the largest plaintiff jury verdicts before the Massachusetts Superior Court.
Ms. Evans has written articles on topics including the federal mail fraud statute and construction pay-when-paid contract clauses, and she authored a chapter in Inside the Minds, addressing best practices in client relationships. She taught legal writing at Boston University Law School for six years, has guest lectured at Duke University and the University of North Carolina law schools, and – prior to practicing law – she taught English at the University of North Carolina and was a Visiting Lecturer in English at North Carolina State University.
Throughout her career, Ms. Evans has been deeply involved in the issue of equality. She served on the Honorable U.S. District Court Judge Nancy Gertner’s Equality Commission, the Boston Bar Association’s Diversity and Attorney Attrition Standing Committee, and the BBA’s Task Force on Professional Challenges and Family Needs. Ms. Evans participated in writing a ground-breaking BBA report addressing the costs of attorney attrition, Facing the Grail: Confronting the Cost of Work-Family Imbalance, as well as implementing the report’s recommendations in Boston law firms. Ms. Evans has also served on the Board of Directors of Greater Boston Legal Services and the Advisory Board of The Commonwealth Institute, an organization providing professional support to businesswomen, and has been active in pro bono representation, including fair housing issues.
Ms. Evans currently serves as a member of Cohen Milstein’s Professional Development Mentoring Committee and co-led the firm’s two-day young associate training program in 2017.
Ms. Evans graduated from the University of North Carolina at Chapel Hill with a B.A. in English and Political Science, and an M.A. in English. She received a J.D., cum laude, from the University of North Carolina at Chapel Hill Law School, where she served as a Note and Comment Editor on the Board of the North Carolina Law Review.