Steven Sunshine said he received a “curious” phone call from the Federal Trade Commission in March 2009.

The Skadden, Arps, Slate, Meagher & Flom partner was representing a generic drug company that was under investigation by the FTC for a private settlement over brand-name sleep disorder drug Provigil. But the FTC official, Sunshine recalled in court, didn’t want to talk about the probe. Rather, Sunshine said he was asked about having his client team up with another generic drug maker in order to take a run at Provigil’s market share.

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