Michelle L. Butler Director 202 737-7551
Michelle L. Butler

Overview

For more than 25 years, Michelle Butler has provided counsel on FDA law and government pricing for companies with prescription drugs and biologics. Across these practice areas, she specializes in the interpretation of complex regulations.

Ms. Butler has worked on a range of regulatory matters, focusing on corporate transactions and counseling on prescription drugs/biologics matters. Ms. Butler’s work on corporate transactions frequently involves pharmaceutical and biotechnology companies and includes matters related to financings, including public offerings, mergers and acquisitions, and licensing transactions. She routinely conducts FDA-related diligence, reviews disclosures and agreements, and provides practical advice to assist clients with making acquisition or valuation determinations. Within the area of prescription drugs/biologics counseling, Ms. Butler’s practice includes formal dispute resolution and user fee issues, with the latter focusing on PDUFA waivers and exemptions.

Ms. Butler also advises clients on calculation and reporting across government pricing programs, specifically the Medicaid Drug Rebate Program, the 340B Program, the Medicare Part B Average Sales Price calculation, and the Veterans Health Care Act’s federal ceiling price restrictions. Ms. Butler also advises clients on changes to those programs, as well as relevant parts of the Inflation Reduction Act, and on contracting with the federal government.

Industries

Education & Admissions

Education

J.D. Georgetown University Law Center
B.A. Human Biology, Stanford University

Admissions

District of Columbia
Maryland

Experience

Government Pricing and Contracts

  • Counsels clients on the Medicaid Drug Rebate Program, the 340B Program, the Medicare Part B Average Sales Price calculation, and other government pricing and reporting programs, including the implementation of provisions of PPACA.
  • Advises clients on the Veterans Health Care Act federal ceiling price restrictions, calculation of Non-FAMP, negotiation of FSS contracts, and small business subcontracting plans.
  • Helps clients develop policies and procedures for government pricing programs.

Corporate Transactions

  • Conducts due diligence reviews for companies engaged in mergers, acquisitions, and other corporate matters.
  • Acts as lead FDA counsel representing issuers or underwriters for IPOs and follow-on offerings.

Prescription Drugs and Biologics

  • Advises clients on Hatch-Waxman issues, 505(b)(2) applications, and biosimilars under the BPCIA.
  • Helps clients obtain orphan drug designations as part of a broader product strategy.
  • Provides counsel on PDUFA waivers, particularly small business waivers, and combination products.

Honors & Awards

  • Best Lawyers, 2024, 2025

Speaking Engagements

  • ACI’s 14th Annual BIG FOUR Pharmaceutical Pricing Boot Camp (Virtual Meeting), Implementing Successful Strategies to Obtain FSS Contracts for Pharmaceutical Products, May 20-21, 2020
  • Webinar: 21st Century Cures Act – Pharmaceutical and Biologic Product Development Provisions, January 12, 2017
Education

J.D. Georgetown University Law Center
B.A. Human Biology, Stanford University

Admissions

District of Columbia
Maryland

Practice Areas
Industries
FDA Regulatory Categories