Ober|Kaler - Jeff Miles: Health, Antitrust Lawyer (Washington, DC)

Jeff Miles handles antitrust issues within the health care industry.

John J. Miles
Principal

jjmiles@ober.com
202-326-5008
202-336-5208 fax


	Experience				Jeff Miles has limited his practice to antitrust law for over thirty years. Most of his work deals with health care sector firms, particularly hospitals, health systems, hospital networks, large physician practices, and physician networks. He is especially experienced in the antitrust ramifications of different types of collaborative transactions among providers, including mergers, virtual mergers, joint ventures, and networks, and in issues related to alleged exclusionary conduct by dominant firms. His practice focuses primarily on antitrust counseling and on representing parties in private treble-damage litigation and governmental investigations by the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, and various state attorneys general. Prior to private practice, Jeff was a Trial Attorney with the U.S. Department of Justice's Antitrust Division, where most of his work focused on health care antitrust enforcement. While there, he received a special commendation award from the Attorney General for serving as lead counsel in the government's first successful challenge of a hospital merger. Prior to that, he was the Assistant Attorney General in charge of the Virginia Attorney General's Antitrust Unit. Currently, Jeff is an adjunct professor of law at the Washington & Lee University School of Law where he teaches the antitrust course. Jeff is the former Chair of the American Health Lawyers Association’s Antitrust Practice Group and a former Vice Chair of the ABA Antitrust Law Section's Health Care Committee. He wrote and updates a six-volume treatise on health care antitrust law and has written and co-written a number of other books, book chapters, law review articles, and shorter articles and papers dealing with almost every type of antitrust issue. He has presented numerous lectures and papers on antitrust issues to various groups, such as the American Hospital Association, American Medical Association, American Bar Association, American Health Lawyers Association, American Group Practice Association, American Association of Health Plans, District of Columbia Bar, Healthcare Financial Management Association, Kentucky Academy of Hospital Attorneys, Law Education Institute, Medical Group Management Association, National Association of Attorneys General, Pennsylvania Academy of Hospital Attorneys, Practicing Law Institute, Radiology Business Management Association, St. Louis Pediatric Society, St. Louis Area Health Lawyers Association and the FTC/Department of Justice Health Care and Competition Law and Policy Hearings. Jeff is listed in The Best Lawyers in America in the specialty of antitrust law; in Chambers USA, America's Leading Business Lawyers in health care law; in Expert Guides to the Leading Lawyers — Best of the Best USA 2007, healthcare category; Corporate Counsel/Top Lawyers; and in the Guide to Leading Healthcare Lawyers. Nightingale's Healthcare News selected him as one of the nine outstanding health care antitrust attorneys for 2005 and 2006 in the U.S.

	Admitted				Court of Appeals of the District of Columbia Supreme Court of Virginia United States Courts of Appeal for the Third, Fourth, Eighth, Eleventh, District of Columbia and Federal Circuits United States District Courts for the Eastern and Western Districts of Virginia and District of Columbia United States Supreme Court Various other federal district courts pro haec vice

	Education				Washington & Lee University School of Law, J.D., magna cum laude, 1973 Order of the Coif Washington & Lee Law Review, Associate Editor Virginia Tech, M.A., 1971 Degree in Economics Virginia Tech, B.S., 1968 Double major in Public Administration and Economics Elected to Phi Kappa Phi

	Professional & Community				American Bar Association Section of Antitrust Law Health Care Committee, Past Vice Chair Section of Health Law American Economic Association American Health Lawyers Association Antitrust Practice Group, Past Chair and Past Vice Chair Board of Directors, Past-Member District of Columbia Bar Association Antitrust Law Section Virginia State Bar Antitrust Law Section, Co-Founder, Past-Chair Board of Governors, Past-Member

	Publications & Presentations				Author, Health Care & Antitrust Law (six volumes), West Group, 1992 with yearly updates through 2008 Presenter, "New Developments in Antitrust," Emerging Issues in Healthcare Law, ABA Health Law Section, 2009 Presenter, "Physicians and the Antitrust Laws: The Big Issues," AHLA Physicians and Physician Organization Law Institute, 2009 Presenter, "Antitrust Basic for Healthcare Lawyers," ABA Health Law Section Teleconference and Webcast, 2009 Presenter, "Copperweld and Dagher: When Are Firms a Single Entity for Purposes of Section 1 of the Sherman Act?" Fundamentals Series on Section 1 of the Sherman Act Teleconference, American Bar Association Antitrust Law Section, 2008 Presenter, "Antitrust Law," Fundamentals of Healthcare, American Health Lawyers Association, 2008 Presenter, "What Every Radiology Practice Should Know About the Antitrust Laws," Managing Legal Exposure in Radiology, Radiology Business Management Association, 2008 Author, "The Nursing Shortage, Wage Sharing Among Competing Hospitals, and the Antitrust Laws: The Nurse Wages Antitrust Litigation," Houston Journal of Health Law & Policy, 2007 Author, "Observations and Lessons from the FTC's Evanston Northwestern Healthcare Hospital Merger Decision," Health Lawyer, American Bar Association Health Law Section, 2007 Moderator, "Implications from the Evanstan Northwestern Healthcare Decision," ABA/AHA Teleconference, 2007 Presenter, "Current Developments in Healthcare Antitrust Law," AHLA/ABA Section on Antitrust Law Health Law Seminar, 2007 Author, Chapter V, "State Enforcement in Health Care Markets," ABA Section of Antitrust Law, State Antitrust Enforcement Handbook, 2007 Presenter, "Spotlight on Ancillary Restraints in Clinically Integrated Networks," AHA and ABA Antitrust Law Section Teleconference, 2007 Presenter, "Healthcare Antitrust Litigation," ACI Litigator and Corporate Counsel Summit on Healthcare Complex Litigation, 2007 Author, "Antitrust Law," Chapter 6, Fundamentals of Health Law, American Health Lawyers Association, 4^th edition, 2007 Author, "Analyzing the Federal Trade Commission's North Texas Specialty Physicians Decision," ABA Health Law Section Health Lawyer, 2006 Author, "Analyzing the Evanston Northwestern Healthcare Initial Decision," ABA Antitrust Law Section Health Care Chronicle, 2006 Presenter, "Hospital Mergers Under Attack: FTC Victory in Evanston Signals New Vulnerability in Post-Merger Investigations," Stafford Publications Teleconference Program, 2006 Presenter, "Healthcare Antitrust Law: Where It's Been and Where It's Going," AHLA/AHIP Law Conference on Health Insurance Plans, 2006 Presenter, "Clinical Integration — The Antitrust Law Story," HealthVisions Teleconference Program, 2005 Moderator, "Implications for Merger Analysis in Health Care After the Evanston Decision," ABA Antitrust Law Section Teleconference Program, 2005 Presenter, "Defenses in Health Care Antitrust Cases: Part I," Antitrust in the Healthcare Field Seminar, AHLA/ABA Antitrust Law Section, 2005 Presenter, "The Joint Report and Hospital Actions to Combat Competing Physician-Owned Facilities: Good Description, Little Analysis," ABA Antitrust Law Section, Spring Meeting, 2005 Primary Author and Editor, ABA Section of Antitrust Law, Antitrust Health Care Handbook III, 2004 Presenter, "Antitrust Considerations for Hospitals Combating Medical-Staff Specialty and Free-Standing Facilities," ABA Annual Meeting, 2004 Presenter, "Antitrust Ramifications of Hospital Efforts Challenging Medical Staff Competition," Kentucky Academy of Hospital Attorneys, 2004 Co-Presenter, "Provider-Payor Antitrust Conflicts," AHLA 15^th Annual Law Conference for Health Plans, Providers, and Insurers, 2004 Panelist, "Federal Antitrust Agency and State Attorneys General Dual Antitrust Enforcement Problems," ABA Section of Antitrust Law Spring Meeting, 2004 Author, "The Importance of Integration in Antitrust Counseling: Yakima and Susquehanna," AHLA Health Lawyers News, 2004 Presenter, "Is the FTC on a Rampage in Health Care Antitrust Enforcement?" St. Louis Area Health Lawyers Association, 2004 Presenter, "Physician-Payor Antitrust Issues," St. Louis Society of Pediatrics, 2004 Panelist, "Antitrust Law and Healthcare Enforcement," ABA Section of Health Law Teleconference, 2004 Panelist, "Messed-Up Messenger Contracting Networks/Dominant Hospital Exclusionary Conduct," ABA Section of Antitrust Law Fall Antitrust Forum, 2003 Presenter, "Messed-Up Messenger Models and How To Do Them Right," ABA Section of Antitrust Law, Health Care Committee Teleconference, 2003 Presenter, "IPAs: Messenger Models," Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care and Competition Law & Policy, 2003 Presenter, "Annual Health Care Antitrust Update," AHLA Antitrust Practice Group Annual Meeting, 2003 Presenter, "Agency Antitrust Advisory Opinions," Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care and Competition Law & Policy, 2003 Presenter, "Market Power," ABA Section on Antitrust Law/American Health Lawyers Association Antitrust in the Health Care Field Seminar, 2003 Presenter, "Physician-Hospital Organizations," Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care and Competition Law & Policy, 2003 Presenter, "Health Insurance Monopsony — Competitive Effects," Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care Competition Law & Policy, 2003 Presenter, "Health Insurance Monopsony — Market Definition," Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care Competition Law & Policy, 2003 Presenter, "Emerging Provider Issues," ABA Section of Antitrust Law Spring Meeting, 2003 Presenter, "Hospital Virtual Mergers," Federal Trade Commission/U.S. Department of Justice Joint Hearings on Health Care Competition Law & Policy, 2003 Presenter, "The Medical Residents' Match Antitrust Litigation," AHLA Antitrust Practice Group Mid-Year Meeting, 2003 Presenter, "Messed-Up Messenger Models," ABA Antitrust Law Section Health Care Committee Teleconference, 2003 Author, "Ticking Antitrust Time Bombs: A Message to Messed-Up Messenger Models," AHLA Health Lawyers News, 2002 Presenter, "The MedSouth FTC Staff Advisory Opinion: How Important Is It?" Northwestern University 7^th Annual Competition in Health Care Forum, 2002 Presenter, "Current Antitrust Issues Affecting Physicians," AHLA Physicians and Physician Organizations Law Institute, 2002 Presenter, "Healthcare Antitrust 2001-2002: Networks, Unions, Dominant Provider Conduct: Trends and Uncertainty," AHLA Annual Meeting, 2002 Presenter, "The Managed-Care Problem and the Antitrust Laws: What Physicians Should Know," American Association of Clinical Urologists, 2002 Presenter, "Conduct Foreclosing Physicians From Patients: Five Scenarios," American Health Lawyers Association/American Bar Association Antitrust in Healthcare Seminar, 2001 Panelist, "Coordinated State/Federal Antitrust Enforcement: Practice and Pointers," American Bar Association Antitrust Law Section Spring Meeting, 2000 Presenter, "A Conceptual and Practical Approach to the Antitrust Analysis of Virtual Mergers," American Health Lawyers Association Antitrust in the Healthcare Field Seminar, 2000 Author, "Joint Venture Analysis and Provider-Controlled Health Plans," Antitrust Law Journal, 1997 Co-author, Antitrust Guide for Health Care Coalitions, 1983