MeganLacy Owen

Partner

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Megan Lacy Owen represents clients in complex commercial and regulatory litigation with a focus on legal strategy and case-critical issues. She regularly represents clients in the pharmaceutical, aviation and aerospace, and consumer products industries. She also regularly represents clients in litigation arising under the Administrative Procedure Act. Megan has significant experience at every stage of litigation before federal and state courts and has also served in high-level federal government positions.

Megan was previously an advisor in the Office of White House Counsel and counsel to Senator Charles E. Grassley, then chairman of the United States Senate Committee on the Judiciary. She also served as senior advisor to the general counsel at the U.S. Department of the Treasury, where she advised on litigation matters, including appeals, and on financial services, consumer protection, and health care regulations.

Prior to joining Jones Day in 2020, Megan was a law clerk to Justice Brett M. Kavanaugh of the United States Supreme Court. She has served as a law clerk at every level of the federal judiciary, including the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Northern District of Texas.

Experience

  • Drug manufacturer challenges state 340B drug pricing lawJones Day represents a drug manufacturer in litigation challenging a state law requiring manufacturers to deliver prescription drugs steeply discounted under the federal 340B program to commercial pharmacies whenever requested by the healthcare providers entitled to receive those discounts.
  • Bestwall successfully defends preliminary injunction staying litigation against affiliated third parties during Chapter 11 bankruptcy caseJones Day represents Bestwall LLC, a Georgia-Pacific affiliate, in its Chapter 11 bankruptcy case in the Western District of North Carolina seeking to resolve significant asbestos liabilities by creating a trust under 11 U.S.C. § 524(g) to compensate current and future claimants.
  • Bestwall wins Fourth Circuit decision upholding sanctions against claimants and counsel for violating discovery orderJones Day represented Bestwall LLC, a Georgia-Pacific affiliate, in defeating an appeal by asbestos tort claimants and their counsel of orders holding them in contempt and sanctioning them in Bestwall's ongoing Chapter 11 bankruptcy case in the Western District of North Carolina.
  • Agudath Israel of America files amicus curiae brief in religious liberty caseJones Day filed an amicus curiae brief in the Pennsylvania Superior Court on behalf of Agudath Israel of America, a national grassroots Orthodox Jewish organization that advocates for the interests of the Orthodox Jewish community in the United States, in an appeal from a trial court’s decision to deny a Jewish defendant’s request to continue his civil trial by one day to accommodate his observance of Yom Kippur.
  • School board members prevail in U.S. Supreme Court on whether public officials’ use of personal social media accounts constitutes state action subject to First Amendment constraintsOn behalf of two municipal school board members, Jones Day won a landmark victory in the U.S. Supreme Court on the important question of when the First Amendment restricts the ability of government officials to exclude users from personal social-media accounts that the officials use to communicate with the public about their jobs.
  • Exxon Mobil pursues declaratory judgment action against shareholder proposalJones Day is representing Exxon Mobil Corporation in seeking a declaratory judgment that it may exclude from its proxy statement under SEC Rule 14a-8 a shareholder proposal from activist organizations Arjuna Capital and Follow This that calls for targets to reduce Scope 1, 2, and 3 greenhouse gas emissions.
  • Financial institutions analyze obligations under Voluntary Carbon Market Disclosures ActJones Day advised financial institutions regarding obligations under the Voluntary Carbon Market Disclosures Act (VCMDA) and on proposed website disclosure.
  • Merck challenges Inflation Reduction ActJones Day filed a complaint on behalf of a pharmaceutical manufacturer, Merck & Co., Inc. ("Merck"), challenging the constitutionality of the Inflation Reduction Act ("IRA").
  • Sanofi successfully challenges HHS enforcement of Section 340B drug pricing statuteJones Day successfully represented Sanofi in litigation challenging the U.S. Department of Health and Human Services' (HHS) enforcement action under Section 340B of the Public Health Service Act.
  • Augusta Chamber of Commerce and key industry leader file amicus brief in challenge to government reduction of water levelsJones Day filed an amicus brief in the United States Court of Appeals for the Fourth Circuit on behalf of the Chamber of Commerce of Greater Augusta, Georgia and PCS Nitrogen Fertilizer, L.P.
  • Bestwall obtains reversal of collateral attack on bankruptcy court subpoenasJones Day represented Bestwall, LLC, a Georgia-Pacific affiliate, in successfully opposing a collateral attack by asbestos tort claimants and trusts on subpoenas issued in Bestwall’s ongoing Chapter 11 bankruptcy case in the Western District of North Carolina.
  • Consumer organization successfully challenges structure of Consumer Product Safety CommissionJones Day successfully represented a consumer organization in a constitutional challenge to the structure of the Consumer Product Safety Commission.
  • Prisoner obtains significant precedential victory in Seventh Circuit appealJones Day obtained a significant victory for a pro bono client in a Seventh Circuit appeal, resulting in a precedential decision.
  • Jones Day secures Supreme Court decision for property owners blocking CDC eviction moratoriumJones Day successfully represented property owners challenging the Centers for Disease Control and Prevention's (CDC) nationwide moratorium on evictions.
  • National Association of Realtors files amicus curiae brief in Fifth Amendment takings challenge to rent controlJones Day filed an amicus curiae brief in the Second Circuit on behalf of the National Association of Realtors in a case challenging the constitutionality of New York’s Rent Stabilization Law (“RSL”).
  • Drug manufacturer intervenes in litigation to defend Section 340B drug pricingJones Day represents a drug manufacturer in litigation challenging its discounted drug pricing practices under Section 340B of the Public Health Service Act.
  • Major American manufacturer reviews PREP Act immunityJones Day advised a major American manufacturer during the COVID-19 pandemic on obtaining immunity from liability for the manufacture and distribution of covered countermeasures under the Public Readiness and Emergency Preparedness Act (PREP Act).
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