Elliot Silver

Elliot Silver is a partner in Goodwin’s Antitrust and Competition practice and concentrates his legal practice on antitrust transactional, litigation and advisory matters, as well as issues pertaining to all aspects of sports law.

In addition, as an attorney accredited by the US Department of Veterans Affairs, Elliot helps members of the military obtain veteran’s benefits.

On the transactional side, Elliot represents clients from a diverse range of industries including agriculture, medical devices, aerospace and defense, hospitals, and insurance in connection with high-profile transactions and civil investigations before the US Department of Justice and Federal Trade Commission. His representations include:

• BlueHalo in its proposed acquisition by AeroVironment in a $4.1 billion all-stock transaction
• iRobot Corporation in its proposed acquisition by Amazon.com, Inc. for approximately $1.7 billion
• ’47 Brand in its acquisition by New Era Cap
• Ritchie Bros. in its acquisition of IAA, Inc. for $7.3 billion
• Numerous significant transactions in the Life Sciences sector, including Mariana Oncology in its acquisition by Novartis for $1 billion upfront and up to $750 million in potential milestone payments, Fusion Pharmaceuticals in its definitive agreement to be acquired by AstraZeneca, Deciphera Pharmaceuticals in its acquisition by ONO Pharmaceutical for $2.4 billion, AVROBIO in its definitive merger agreement to combine with Tectonic Therapeutic, Nimbus Therapeutics in its sale of Allosteric Tyk2 Inhibitor Program to Takeda, TCR² Therapeutics in its acquisition by Adaptimmune Therapeutics, Haystack Oncology in its definitive agreement to be acquired by Quest Diagnostics, Concert Pharmaceuticals in its acquisition by Sun Pharmaceutical, Checkmate Pharmaceuticals in its sale to Regeneron Pharmaceuticals, BioDelivery Sciences International, Inc. in its acquisition by Collegium Pharmaceutical, and ReViral Limited in its acquisition by Pfizer.
• Centene Corporation in its acquisitions of Magellan Health, WellCare Health Plans, Inc., Health Net, Inc. and Fidelis Care, and others*
• E. I. du Pont de Nemours and Company in its merger with The Dow Chemical Company in an all-stock merger of equals*
• Essendant Inc. in its acquisition by Staples Inc.*
• Stryker Corporation in numerous transactions, including its acquisitions of Wright Medical Group, K2M, Inc. and Entellus Medical*
• Hospira, Inc. in its acquisition by Pfizer Inc.*
• Robert Wood Johnson Health System in its merger with Barnabas Health*
• XL Group in its acquisition of Catlin Group Limited*

*Denotes experience prior to joining Goodwin.

In addition to transactional matters, Elliot advises clients in antitrust litigation and investigations, including HarperCollins in DOJ and state attorneys general investigations and private class action litigation regarding the sale of e-books, a high-tech company in a DOJ investigation into alleged hiring practices, Domfoam International Inc. and Valle Foam Industries in a multidistrict price-fixing class action litigation, and multiple companies in connection with civil investigative demands and third-party subpoenas.

Elliot also has counseled professional sports leagues and teams on a variety of sports law matters. He has advised the National Hockey League in the negotiation, drafting, and administration of its collective bargaining agreement, including arbitration proceedings, and has advised the league on antitrust, intellectual property, and other legal and business issues.

Prior to joining Goodwin, Elliot worked in the Antitrust group at Skadden, Arps, Slate, Meagher & Flom LLP.

Elliot was named a DC Rising Star by The National Law Journal and a Competition & Antitrust Future Star by Financier Worldwide in 2020.

Elliot co-authors Goodwin’s Antitrust Trends in Technology, Life Sciences, and Healthcare Quarterly Newsletters, which provides analysis and commentary on antitrust developments in those industries. Additionally, his publications include:

• Co-Author, “FTC Escalates Battle Against PBMs With Complaint on Insulin Pricing,” Goodwin Client Alert, October 1, 2024
• Co-Author, “United States: FTC Pharma Scrutiny Expected to Continue Following Step Up in Killer Acquisition Enforcement,” Global Competition Review’s The Guide to Life Sciences, August 14, 2024
• Co-Author, “US Antitrust Agencies Release Final Revised Merger Guidelines,” Goodwin Client Alert, December 19, 2023
• Co-Author, “Sanofi Drops Maze Licensing Deal After FTC Challenge,” Goodwin Client Alert, December 12, 2023
• Co-Author, “United States: Trends of Agency Scrutiny on Pharmaceutical Transactions Expected to Shift Amid Rise in Deal Activity,” Global Competition Review’s The Guide to Life Sciences, November 2, 2023
• Co-Author, “US Antitrust Agencies Release Revised Draft Merger Guidelines,” Goodwin Client Alert, July 20, 2023
• Co-Author, “FTC and DOJ Propose Major Changes to HSR Form and Disclosure,” Goodwin Client Alert, June 28, 2023
• Co-Author, “United States: FTC Looks Set to Open up New Enforcement Front,” Global Competition Review’s The Guide to Life Sciences, October 21, 2022
• Quoted, “Raytheon Probe Signals Heightened DOJ Focus on Labor Antitrust,” Bloomberg Law, March 4, 2022

Elliot’s speaking engagements include:

• Speaker, “Mergers: One merger, many clearances – managing parallel reviews,” GCR Live: Law Leaders Global 2024, February 1, 2024