Below is a partial list of the publicly announced in-depth investigations and Second Requests where Ms. Murino and her team provided advice to clients before the FTC and DOJ:
- Albany Medical Center, the largest locally-governed health system in the New York Capital-region, in its acquisition of Glens Falls Hospital, which, upon closing, will create one of the largest health systems providing care to residents throughout Northeastern New York state. Both the FTC and Attorney General of the State of New York examined this transaction, ultimately clearing it without condition.
- Spark Therapeutics in its +$4b sale to Roche. Following an extensive and intensive 10-month investigation focused around novel gene therapy treatments for Hemophilia A, this transaction was cleared without condition by the Federal Trade Commission on a 5-0 vote. The Competition Markets Authority in the United Kingdom similarly cleared the transaction following its own investigation
Since January 1, 2017, Ms. Murino and her team have represented clients successfully in the following in-depth investigations (Second Requests) before the FTC and DOJ:
- Beth Israel Deaconess Medical Center, Lahey Health System, New England Baptist Hospital, Mount Auburn Hospital, and Seacoast Regional Health System in their $5+ billion merger to create Beth Israel Lahey Health, the second largest healthcare system in the Eastern Massachusetts area. Approvals were required from both the FTC and multiple state-level agencies, including the Office of the Attorney General of Massachusetts. The Boston Globe described the combination as “the most significant health care deal in Massachusetts” in decades.
- Rainmaker in its $300 million sale of its LRO software and related assets to RealPage. After concluding compliance with a Second Request process, this transaction was cleared by the DOJ without condition.
- Concert Pharmaceuticals in the $250 million sale of its cystic fibrosis drug to Vertex Pharmaceuticals. The FTC issued a Second Request in this transaction that combined two makers of a certain cystic fibrosis treatments. By using novel strategies to minimize the scope of the Second Request and therefore speed the FTC review process, we achieved unconditional clearance in unprecedented time of less than 6 weeks.
- SGL Group of Germany in the $400 million sale of its worldwide graphite electrode business to Showa Denko KK of Japan. Following compliance with a Second Request from the DOJ, this transaction was cleared.
Ms. Murino’s work in assuring antitrust clearance in publicly announced transactions which were required to be reported under the HSR Act include:
- Truck Hero International, a leading automotive accessories provider, in its acquisition of Lund International, another leading automotive accessories provider
- Brammer Bio in Its $1.7 Billion Sale to Thermo Fisher Scientific
- Ipsen in its $1.3 billion acquisition of Clementia Pharmaceuticals
- Twilio in its $3b acquisition of SendGrid
- TurnItIn in its $1.75b sale to Advance Publications
- The Independent Directors of Sprint Corporation in their $59 billion merger with T-Mobile USA
- PillPack, Inc. in its $1 billion acquisition by Amazon
- Control4 in its $680 million sale to SnapAV
- Qualtrics in its $8 billion acquisition by SAP SE
- Marc and Lynne Benioff in their acquisition of TIME Media from Meredith Corporation
- Thoma Bravo, LLC in its acquisition of motus, LLC and Runzheimer International LLC
- hyperWALLET Systems, Inc. in its $400 million acquisition by PayPal in the United States
- Teva Pharmaceuticals in its $2 billion sale of its women’s health business
- Amplify Snack Brands, Inc. in its sale to The Hershey Company for $1.6 billion.
- Kind, Inc. (makers of Kind bars) in its $4 billion investment from Mars, Inc.
- Eventbrite's in its $200 million purchase of Ticketfly
- Lennar Corporation in its $9.3 billion acquisition of CalAtlantic Group, creating the United States’ largest homebuilder
- Onyx Pharmaceuticals in its $10.4 billion acquisition by Amgen
- Wirtgen Group in its $5 billion sale to John Deere & Company
- Parexel in its $5 billion sale to Pamploma Capital
- Lynda.com, Inc. in its $1.5 billion acquisition by LinkedIn Corporation
- Partners Group in its $1.5 billion acquisition of Knowledge Universe Education
- Xoom Corporation in its $890 million acquisition by eBay
Other notable work for clients outside the HSR context includes:
- Providing antitrust counsel and guidance to multiple healthcare providers and healthcare systems across the United States seeking to expand their networks in proceedings before the federal antitrust authorities, their relevant state regulatory bodies, and state attorneys general.
- Successfully representing multiple third parties in the federal district court proceedings related to the FTC and DOJ merger challenges
- Providing ongoing, confidential guidance to three leading international investment advisors regarding risks of antitrust enforcement and potential remedies in connection with multi-billion dollar transactions.
- Representing Beth Israel Deaconess Medical Center, Atrius Health, Lahey Health, and Tufts University Medical Center in successfully blocking a nonprofit health organization's acquisition of South Shore Hospital Corporation and Hallmark Health. This was the first time a state court rejected a proposed antitrust settlement between the Massachusetts Attorney General's Office and private entities.
Ms. Murino is a member of the District of Columbia Bar Association, the American Bar Association (ABA), and the American Health Lawyers Association (AHLA). She is active in the ABA’s Section of Antitrust Law, presently serving as an editor of Antitrust Magazine. She was previously chair of the Programs and Teleseminars Committee, where she helped oversee the planning of 8-9 conferences per year related to various antitrust topics. She served as vice chair of the 2014 Clayton Act at 100 Symposium, the 2013 Fall Forum, the 2013 Merger Retrospective Symposium, and the 2012 Presidential Transition Report Task Force. As a member of the AHLA, she has led webinars to educate lawyers on developments at the intersection of healthcare and antitrust law.
Ms. Murino routinely guest lectures on antitrust topics at American University's Washington College of Law, Boston University School of Law, the Columbus School of Law at Catholic University, George Washington University Law School, and the University of Michigan Law School. For eight years, she served as an adjunct professor of legal research and writing at George Washington University Law School. In addition to her professional associations, Ms. Murino has been involved in numerous community and philanthropic organizations, including serving as a Director on the Board of Trustees of StrongMinds Africa, a non-profit organization seeking to empower impoverished African women by treating depression through innovative group therapy programs, and on the Board of Directors of Elizabeth Seton High School in Prince George's County, Maryland.