Steve Shadowen

Mr. Shadowen is regularly recognized as a top national antitrust lawyer, a result of his dedicated work on cases where intellectual property and antitrust law intersect, such as:

• In re KDur Antitrust Litig.: Mr. Shadowen won the Third Circuit argument that turned the tide for the plaintiffs in the pay-for-delay antitrust cases.
• In re Cardizem CD Antitrust Litig.:  Mr. Shadowen won the first appellate case that ruled for plaintiffs on the pay-for-delay issue.
• In re Brand-Name Prescription Drugs Antitrust Litig.:  Mr. Shadowen was lead counsel for the purchaser plaintiffs in the landmark litigation that began calling Big Pharma to account for anticompetitive conduct.
• Abbott Labs. v. Teva Pharmaceuticals, U.S.A., Inc.:  Mr. Shadowen was on plaintiffs’ trial team, and was one of the driving forces in the litigation, in the first case to accept the “product hopping” theory of anticompetitive conduct.

For his work in securing economic justice for healthcare consumers, in 2013 the American Antitrust Institute awarded Mr. Shadowen its first-ever national accolade for Outstanding Antitrust Litigation Achievement in Private Law Practice.  Mr. Shadowen consistently garners recognition as a Best Lawyer in America in four categories:  Bet-the-Company Litigation, Antitrust Law, Commercial Litigation, and Antitrust Litigation.  Chambers USA ranks him as one of America’s Leading Lawyers for Business.  He serves on the advisory boards of the American Antitrust Institute and the Institute for Consumer Antitrust Studies.  Mr. Shadowen has published numerous papers on antitrust issues and regularly speaks at symposia on competition law and policy at universities across the nation and in Europe.

In the civil rights arena, Mr. Shadowen is dedicated to improving young people’s access to education. His scholarly articles regarding preferences for the affluent in admissions to elite universities led the Century Foundation to publish its groundbreaking work, Affirmative Action for the Rich.  In human rights litigation, Mr. Shadowen represents the families of Mexican nationals killed by U.S. Border Patrol agents along the southern border, obtaining the first ever ruling that Mexican nationals killed by U.S. agents in Mexico can obtain judicial review of those killings in U.S. courts. He reveres the “equal protection” clause of the Fourteenth Amendment, and to celebrate the sesquicentennial of that Amendment he and a co-editor are at work on a three-volume set of the speeches and letters of its author, John A. Bingham.

As a law student Mr. Shadowen was the criminal procedure project editor of the Georgetown Law Journal. Upon graduation from Georgetown he served as a law clerk for the Hon. Boyce F. Martin, Jr. of the United States Court of Appeals for the Sixth Circuit.

From 1999 – 2014, Mr. Shadowen was the President and Chair of the Board of the Joshua Group, an at–risk youth education and advocacy organization, and he is now Chair Emeritus.  Mr. Shadowen currently serves as Chair of the Board of Trustees of St. Edward’s University. In 2016 the University honored him with its Distinguished Alumnus Award.

• J.D., Georgetown University Law Center, cum laude
• B.A., St. Edward’s University, summa cum laude

• American Antitrust Institute Advisory Board
• Institute for Consumer Antitrust Studies Advisory Board
• Best Lawyer in America for Bet-the Company Litigation, Antitrust Law, Commercial Litigation, and Antitrust Litigation

“Solving the Product-Hopping Conundrum Through Safe Harbors and a No-Economic-Sense Test,” 28 Research in L. & Econ. 89 (2018) (with M. Carrier)

“U.S. Border Patrol’s Policy of Extrajudicial Killing,” 28 Berkeley La Raza L.J. 1 (2018)

“Causation Principles in Pharmaceutical Antitrust Litigation,” 27 Competition 29 (2018)

“Product Hopping: A New Framework,” 92 Notre Dame L. Rev. 167 (2016) (with M. Carrier)

“Model Jury Instructions: Trial By Actavis,” 67 Rutgers L. Rev. 557 (2015) (with D. Sorensen)

“Bringing Market Discipline to Pharmaceutical Product Reformulations,” 42 Int’l Rev. Intel. Prop. & Comp. Law 698 ( 2011) (with K. Leffler and J. Lukens).

“Personal Dignity, Equal Opportunity, and the Elimination of Legacy Preferences,” 21 Geo Mason U. Civ. Rts. L.J. 31 (2010)

“Heirs of the American Experiment,” in Affirmative Action for the Rich: Legacy Preferences in College Admissions (R. Kahlenberg, ed., 2010) (with S. Tulante).

“Anticompetitive Product Changes in the Pharmaceutical Industry,” 41 Rutgers L.J. 1 (2009) (with K. Leffler & J. Lukens).