Munger, Tolles & Olson attorneys Stuart N. Senator and Gregory M. Sergi have published an article about the Noerr-Pennington doctrine in Competition, a publication of the California State Bar. (“Noerr-Pennington: Safeguarding the First Amendment Rights to Petition the Government,” Spring 2014.)
The article examines the complexities of the doctrine, which protects companies’ First Amendment right to petition the government, as well as the areas in which the courts can provide greater clarity on the doctrine’s scope.
The authors write, “While the doctrine has existed for more than 60 years, its contours lack sufficient clarity…Courts should remain mindful that the Noerr- Pennington doctrine protects an essential First Amendment right, and continue to construe exceptions to the doctrine narrowly.”
Mr. Senator is a litigation partner in the Los Angeles office of Munger Tolles. One focus of Mr. Senator’s practice is antitrust litigation in the federal courts. Mr. Senator has extensive experience in MDL antitrust proceedings, many of which have involved defense of private and regulatory claims against pharmaceutical companies relating to competition between brand-name and generic drugs. Mr. Senator also counsels clients on a wide variety of antitrust issues.
Mr. Sergi is a litigation associate in the Los Angeles office of Munger Tolles. His practice focuses on antitrust counseling and litigation.