Sherwet concentrates her practice on antitrust and competition matters, including antitrust compliance, merger review, and government merger investigations. She has also handled litigation and issues related to foreign direct investments in the United States, including sanctions. Sherwet draws on her intelligence experience in the military and with other organizations to represent US and international clients in a broad spectrum of industries, including life sciences and pharmaceuticals.
In addition, Sherwet has a regulatory and compliance practice involving the Consumer Product Safety Act (CPSA) and other federal and state product safety laws. She helps companies seeking representation on product safety reporting obligations, product safety investigations, recalls, and other regulatory and enforcement matters.
Prior to joining Mintz, Sherwet was an associate at a multinational law firm, where she represented clients in litigation and transactional matters, including premerger notification under the Hart-Scott-Rodino (HSR) Act, international merger reporting requirements, and sanctions involving transactions and investments.
While earning her JD, Sherwet served as a legal intern in the Antitrust Division of the US Department of Justice and a McCleary Law Fellow with the Human Rights Campaign. In law school, she served as editor-in-chief of the American University International Law Review, a dean’s fellow in the Legal Research & Writing Program, and a member of the school’s Moot Court Honor Society.
Before attending law school, Sherwet held senior intelligence roles, including in the US Army and at a US government and military contractor. She also worked as the agriculture security manager of the Missouri Department of Agriculture, and an intelligence research specialist at the New York Police Department.
viewpoints
Reversible Error: District Court Stutters, Ninth Circuit Shudders, Litigation Continues for Sutter
June 10, 2024 | Blog | By Bruce Sokler, Joseph Miller, Sherwet H. Witherington
Over ten years ago, individuals and businesses insured by health plans that contract with Sutter Health filed a class action lawsuit against Sutter Health alleging antitrust violations under federal and California laws. Sutter is a healthcare giant in Northern California, serving over 100 communities and 3 million people, and includes 24 hospitals, five medical foundations, and 40 ambulatory service centers.
FTC Announced Increased HSR Thresholds & Revised Filing Fee Schedule
January 23, 2024 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short, Sherwet H. Witherington, Payton Thornton
Yesterday, the Federal Trade Commission (FTC) announced increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC revises the thresholds annually based on changes in the gross national product. The new thresholds take effect 30 days after publication in the Federal Register and apply to all transactions closing on or after that date.
Indecent Disclosure: FTC Slams Advertisers and Influencers for Failure to Divulge Material Connections
November 17, 2023 | Blog | By Bruce Sokler, Sherwet H. Witherington
Last June, the Federal Trade Commission (FTC) released its revised Endorsement Guides, the handbook for business practices that may be unfair or deceptive in violation of the FTC Act. The Endorsement Guides had been last revised in 2009 and the recent revisions sought to align practices with the ways advertisers reach consumers to promote products and services, including on social media.
Orange Is the New Black: FTC Targets Improper Patent Listings As Anticompetitive
September 18, 2023 | | By Joseph Miller, Sherwet H. Witherington
Nearly a year after announcing the expansion of its Section 5 “standalone authority” (https://www.mintz.com/insights-center/viewpoints/2022-11-14-dose-steroids-chair-khans-ftc-releases-expansive-policy), which encompasses conduct outside the scope of the foundational federal antitrust laws, the FTC voted unanimously to issue a policy statement explaining how its authority applies to the listing of brand-name drug patents in the Food and Drug Administration’s (FDA) Orange Book.
In with the Old, Out with the New: DOJ and FTC Issue Much-Anticipated Draft Merger Guidelines
July 26, 2023 | Blog | By Bruce Sokler, Joseph Miller, Robert Kidwell, Farrah Short, Evelyn French, Sherwet H. Witherington, Payton Thornton
The FTC and DOJ jointly published draft merger guidelines reflecting the agencies’ current aggressive approach to merger enforcement. In an article, Mintz Antitrust attorneys discuss the draft guidelines’ move away from the consumer welfare standard, lower thresholds for deals presumed to be illegal, and other key changes, including a focus on the effect of industry roll-ups.
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