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Steve Vieux

Senior Counsel

San Francisco

1100 Sansome Street

San Francisco, CA 94111

Office: +1 415.956.1900

Direct: +1 415.291.4513

[email protected]

Steve Vieux is Senior Counsel at Bartko Pavia LLP in the Litigation Practice.

Biography

Steve Vieux is Senior Counsel at Bartko Pavia LLP in the Litigation Practice. Steve represents and advises clients in commercial disputes, with a focus on antitrust and privacy matters. Steve has deep experience handling complex litigation matters and government investigations, particularly in the antitrust and consumer protection areas, from his government service in addition to his work in private practice. 

Steve has represented and advised clients in diverse industries ranging from health care to automotive to technology. Steve also counsels clients on antitrust, advertising, and privacy compliance. He has assisted clients in developing antitrust compliance programs, including the design and provision of antitrust training for sales and distribution executives. Steve has also assisted clients in responding to data breaches, developing privacy policies, and drafting related disclosures. In addition, he has guided clients in responding to complex and sensitive discovery requests in private and government antitrust litigation.

Steve started his legal career in public service with the Federal Trade Commission (FTC) where he led antitrust investigations in the health care and pharmaceutical industries and represented the agency in antitrust litigation. At the FTC, he played critical roles in groundbreaking and influential litigation in recent antitrust practice including FTC v. Actavis and Evanston Northwestern Healthcare Corp. He was awarded the prestigious Janet D. Steiger award on two separate occasions in recognition of his work.

Steve’s record of public service also includes serving as Special Assistant U.S. Attorney for the District of Columbia, managing a caseload of more than 100 criminal cases. He has developed keen insight as a result of his extensive experience in government service that is invaluable to clients interacting with government agencies and conducting internal investigations.

Education

  • University of Pennsylvania Law School, J.D.
  • Cornell University, B.S.

Admissions

  • State Bar of California
  • District of Columbia Bar
  • State Bar of New Jersey
  • United States District Court for the Central District of California
  • United States District Court for the Northern District of California
  • United States Supreme Court

Cases

  • FTC v. Actavis: Core member of the FTC team that undertook the underlying investigation and initial challenge of an alleged reverse payment patent litigation settlement agreement between the manufacturer of a testosterone replacement drug and two manufacturers of competing generic versions of the drug. On certiorari, the U.S. Supreme Court reversed the federal circuit court’s dismissal, allowing so-called reverse payment patent litigation settlement agreements to come under antitrust scrutiny.
  • In the Matter of Evanston Northwestern Healthcare Corp.: Member of the FTC trial team that successfully challenged the consummated merger of two health systems in the Chicago area suburbs.
  • FTC v. CSL Limited: A leading member of the FTC team challenging the proposed merger of two of the three largest producers, at the time, of plasma-derived protein therapies in the U.S. Led the team’s effort in proving the difficulty of competitive entry and expansion in that market. The parties abandoned the proposed merger before trial following the FTC’s lawsuit.
  • In the Matter of CentraCare Health System: Represented the FTC in its investigation of a large health system’s acquisition of a multispecialty medical practice group in central Minnesota. In a consent order, CentraCare agreed to release some physicians from “non-compete” contract clauses so they could join local competing practices or establish their own practice in the area.
  • In the Matter of Keystone Orthopaedic Specialists, LLC: Played a leading role in the investigation of a consummated merger of six orthopedic practices in Berks County, Pennsylvania. The parties agreed to a consent order that preserved the separation of one of the six practices and required prior approval before acquiring another orthopedic practice in the area.
  • Analyzed settlement agreements of Hatch-Waxman litigation between pharmaceutical companies for antitrust compliance.
  • Led antitrust review of health care joint venture participating in the U.S. Department of Health and Human Services’ Accountable Care Organization program.
  • Member of government team that provided technical assistance to Competition Commission of India.

Privacy & Consumer Protection

  • Guided client in response to unintentional disclosure of employee information.
  • Advised clients on updating privacy and data security policies to comply with California Privacy Rights Act.
  • Represented automobile manufacturers in individual and mass consumer warranty actions concerning alleged defects.
  • Successfully argued for the dismissal of fraud and punitive claims on one such action.
  • Represented target of FTC investigation concerning substantiation of advertising claims.
  • Part of the team that secured dismissal of alleged “greenwashing” claims on behalf of major national retailer.

Honors & Awards

Lawyers of Color Hot List, Mid-Atlantic Region (2014)
Janet D. Steiger Award, FTC (2006, 2009)

Publications

  • Moderator, “The FTC’s Robinson-Patman Act Revival,” Antitrust West Coast, Informa Connect, May 2, 2024 
  • Moderator, “Diversity in the Antitrust Bar: Is It Truly a Pipeline Problem?”, Golden State Antitrust and UCL Institute, May 5, 2022
  • Moderator, “A Look at the Sixth Circuit’s Recent Decision in St. Luke’s v. ProMedica”, Antitrust Practice Group, American Health Law Association, September 3, 2021
  • Moderator, “Big Tech and Antitrust: Understanding Coordinated Enforcement in Tech”, California Lawyers Association-Antitrust and Unfair Competition Law Section, June 23, 2021
  • Panelist, “Moving to a Career in the Private Sector After Government Service”, University of North Texas at Dallas College of Law, April 19, 2021
  • Co-authored with Peter O’Neill and Bria Davis, Best Practices for Health Care Mergers in the Covid-19 Era, Law360, September 16, 2020 
  • Moderator, “Antitrust Implications of Healthcare Provider Consolidation”, CLE Webinar, Antitrust, UCL and Privacy Section, California Lawyers Association, September 10, 2020
  • Editor and Contributor, California Antitrust and Unfair Competition Law Treatise, California Lawyers Association, 2020
  • Moderator, “BIPA, GDPR and Now the California CCPA – 2020 Deadline? What’s Next?” 5th Annual Meeting of The Government Investigations & Civil Litigation Institute, Lake Tahoe, Nevada, October 14, 2019
  • Panelist, “New Frontiers in Antitrust”, ABA Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York City, May 3, 2019
  • Panelist, “The Impact of Emerging Technologies to Legal and Risk Management Professionals”, 2019 National Bar Association-Commercial Law Section Corporate Counsel Conference, Orlando, Florida, January 31, 2019
  • Co-authored with Al Saikali and Camila Tobón, California Consumer Privacy Act: A Comprehensive Review, Information Law Journal, ABA Section of Science and Technology Law, Winter 2019
  • Author, New Guidance on HSR Reporting Requirements for Not-for-Profit Affiliations, American Health Law Association, November 2018. 
  • Co-Presenter, “Recent Enforcement Trends in Life Sciences – Understanding Areas of Concern from Advertising/Promotion to Competition and GMP Enforcement”, ABA Life Sciences Summit, San Francisco (with Sonali Gunawardhana), September 26, 2018
  • Panelist, “Bid-Rigging Detection”, Webinar, ABA, June 21, 2018, Instructor, “The Role of the Agencies: FTC, Antitrust and Health Care Policy”, The Washington Campus, Washington, D.C., April 7, 2017
  • Faculty, “What to do When the Enforcers Call”, ABA-AHLA 2016 Antitrust in Health Care Conference, Arlington, VA, May 13, 2016
  • Faculty Expert, “Health Care Antitrust Fundamentals”, ABA Health Law Section, Washington, D.C., March 10, 2016
  • Instructor, “Training Seminar: Competition Investigations & Merger Review in the Health Care Industry”, Competition Commission of India, New Delhi, India, September 22-24, 2014
  • California Antitrust and Unfair Competition Law, Editor (2020-2022), California Lawyers Association
  • “FTC Challenges Methodist-St. Francis and Hackensack Meridian Health-Englewood Mergers”, American Health Law Association, December 21, 2020
  • “Best Practices for Health Care Mergers in the COVID-19 Era”, Law360 (with Peter O’Neill and Bria Davis), September 16, 2020
  • “New Guidance on HSR Reporting Requirements for Not-for-Profit Affiliations”, American Health Lawyers Association, November 2018
  • “California Consumer Privacy Act: A Comprehensive Review”, Information Law Journal (with Al Saikali and Camila Tobón), Winter 2019
  • “Tenth Circuit Affirms Dismissal of Health System’s Antitrust Suit Against a Health Plan”, Antitrust Practice Group Alert, American Health Lawyers Association, July 19, 2017
  • “Antitrust & Consumer Protection”, District of Columbia Practice Manual 2012 Edition, District of Columbia Bar Association, 2012
  • “Pharmaceutical Industry Antitrust Handbook”, Editor, American Bar Association, 2009
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