Greg Skidmore
Professional Profile
Greg Skidmore is a litigation partner in the Washington, D.C. office of Kirkland & Ellis, focusing on complex commercial litigation and appellate litigation in federal and state courts across the country.
Greg has represented clients in litigation matters involving a wide range of practice areas, including appellate, antitrust, bankruptcy, ERISA, the False Claims Act, government contracts, and administrative and regulatory. His representations have spanned a number of different industries, including pharmaceuticals, finance, aviation, insurance, defense contracting, telecommunications, and emerging technologies. Greg has resolved cases with motions practice, represented clients at trial and argued appeals in multiple federal appellate courts.
Representative Matters
Trial Litigation
Trial counsel for a government contractor in an arbitration arising out of a dispute over a U.S. Army contract worth $6 billion.
Counsel for a major pharmaceutical manufacturer defending an antitrust challenge to a so-called "reverse payment" settlement of Hatch-Waxman patent litigation regarding the drug Provigil® (modafinil).
Counsel for a national insurance company defending claims arising out of Hurricane Ike, including a $20 million claim where a favorable settlement was reached on the eve of trial. Other cases have been resolved through successful motions practice and favorable settlements.
Counsel for a major airline challenging on preemption grounds an attempt by a State to independently regulate the on-board service of alcoholic beverages.
Appellate Litigation
Solis v. Malkani, 638 F.3d 269 (4th Cir. 2011): successfully argued for affirmance of a district court order awarding client fees for serving as an independent fiduciary appointed to oversee an ERISA plan.
Grayson v. AT&T, et al., 15 A.3d 219 (D.C. 2011) (en banc): in a case of first impression, authored successful en banc petition and brief arguing that District of Columbia courts, like federal courts, require a plaintiff to allege an injury-in-fact to have standing.
Terry v. Gaetz, No. 08-1183, 2009 WL 2382169 (7th Cir. 2009): on behalf of a pro bono client, successfully argued for reversal of a district court order dismissing as untimely a petition for writ of habeas corpus.
Arkansas Carpenters Health & Welfare Fund v. Bayer, et al., 604 F.3d 98 (2d Cir. 2010), cert. denied, 131 S. Ct. 1606 (2011) and In re Ciprofloxacin Hydrochloride Antitrust Litigation, 544 F.3d 1323 (Fed. Cir. 2008), cert. denied, 129 S.Ct. 2828 (2009): obtained affirmance from two different federal appeals courts of district court order granting summary judgment against claims challenging on antitrust grounds a so-called "reverse payment" settlement of Hatch-Waxman patent litigation. The Supreme Court denied certiorari in both cases.
In re W. R. Grace & Co., et al., No. 08-1044, 2009 WL 648651 (3d Cir. 2009): obtained affirmance of a bankruptcy court order dismissing certain claims against the estate.
Administrative and Regulatory
Southwest Airlines Co. v. Transportation Sec. Admin., 554 F.3d 1065 (D.C. Cir. 2009): on behalf of a major airline, successfully challenged part of a TSA order requiring airlines to overpay for the costs of airport security screening.
Teva Pharms. USA, Inc. v. Leavitt, No. 08-395-RML (D.D.C. Apr. 11, 2008): secured reversal of FDA decision denying client 180-day exclusivity for sales of its generic risperidone (Risperdal®) products.
Biovail Corp. v. FDA, 519 F. Supp. 2d 39 (D.D.C. 2007) and Biovail Corp. v. FDA, No. 06-cv-03355-RWT (D. Md. Dec. 21, 2006): successfully defended FDA approval of client's generic bupropion hydrochloride (Wellbutrin XL®) products.
Publications
Note, "Nebraska Legislative Bill 688: A Proposal to Pay College Football Players and the Impending Conflict with Title IX," 41 Harv. J. Leg. 319 (2004)
Founder and Contributor, Sports Law BlogCourts
United States Court of Appeals for the Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, District of Columbia and Federal Circuits
United States District Court for the District of Columbia
United States District Court for the Southern District of Texas
District of Columbia Court of Appeals
