Ellen M. McNamara

Partner

• emcnamara@steptoe.com
• vCard
• Washington Office

Ellen McNamara is a partner in the Washington office of Steptoe & Johnson LLP, where her practice includes litigation and counseling, with particular emphasis on antitrust matters and internal investigations.

Ms. McNamara’s recent antitrust work has included the defense of a foreign government investigation into alleged horizontal and vertical price-fixing by a US company and advice concerning a wide variety of cooperative activities involving competitors such as joint ventures, teaming agreements, joint lobbying, and other activities designed to influence legislative and regulatory initiatives.  She has counseled numerous clients with respect to preferred provider programs, joint purchasing and selling arrangements, information exchanges, and trade or industry association activities.  In the mergers and acquisitions field, her work has included the analysis of strategic acquisitions, advocacy before federal enforcement agencies on merger-related matters, including both opposition to and support of proposed mergers and acquisitions, and responding to second requests under the Hart-Scott-Rodino Act.  Ms. McNamara also has substantial experience with “Made in USA” advertising claims and in price discrimination issues under the Robinson-Patman Act.

Ms. McNamara has represented defense contractors and commercial suppliers to the US Government in connection with procurement fraud claims such as product substitution, false testing, defective pricing, and labor mischarging.  She has represented clients in numerous Department of Justice and Inspector General investigations, as well as qui tam and other False Claims Act cases, including responding to Civil Investigative Demands, advocacy before the investigating agents and agencies, and negotiating creative resolutions of complex issues. 

In addition to antitrust and contractor fraud matters, Ms. McNamara has represented clients in a broad range of government investigations.  Her experience includes, for example, Customs investigations, SEC inquiries, and Foreign Corrupt Practices Act matters.  She has conducted numerous internal corporate investigations and has advised corporate boards and senior managers on these issues and whistleblower claims.  She also has worked with clients to review and enhance their corporate compliance programs in light of the recent amendments to the US Sentencing Guidelines.

Ms. McNamara has spoken and written on these topics at bar association and continuing legal education.

News

• Another Oracle Win

Publications

• When Price Discrimination Violates the Law: A Robinson-Patman Primer
  1998, Corporate Counsel Committee of the ABA Section of Litigation
• Contributing Author, “Antitrust Trial Evidence Manual”
  1991, ABA Section of Antitrust Law

Professional Affiliations

• American Bar Association, Antitrust and Litigation Sections
• Co-Chair, Antitrust and Business Torts Subcommittee of the Litigation Section Corporate Counsel Committee (1995-2005)
• Vice Chair, Antitrust/Regulatory Changes Subcommittee, Defense Industrial Base Committee, ABA Public Contracts Section (1989-1991)