Sections & Committees

Antitrust Law Section

EMERGING PAYMENT PRODUCTS IN FINANCIAL SERVICES 

Sponsored by:

BA Section of Antitrust Law
The Insurance & Financial Services and
Media & Technology Committees

and

Antitrust Section
New York State Bar Association

May 22, 2019
12:00 pm-1:00 pm EDT

Wells Fargo
CONNECTIONS CONFERENCE SPACE (below the lobby level)
150 E 42nd St 
New York, NY 10017

REGISTER NOW

Please join the Insurance & Financial Services and Media & Technology Committees of the ABA Antitrust Section, and the Antitrust Section of the New York State Bar Association, for a panel discussion focusing on emerging payment products in the financial services industry. From fintechs to traditional banks, what are the new payment technologies being introduced into the marketplace and how may they disrupt competition and the incumbent players? What sort of competitor collaborations have we seen in this space and what are the antitrust implications on these partnerships? Given the emergence of these new payment technologies, how should an antitrust practitioner think about the relevant market and has it expanded over time? And how does antitrust fit with the other regulations emerging in this industry?

  

Moderator

  • Jonathan Lutinski, VP & Senior Antitrust Counsel, American Express

Panelists

  • Hannah Sholl, Senior Counsel, Global Litigation & Competition, Visa
  • Rob Pelkowski, Associate General Counsel, Venmo/PayPal
  • Joseph Vardner, Antitrust Compliance Officer, Wells Fargo

CLE

The ABA is not seeking CLE credit for this program. 

Audio Archive

Provided all releases are obtained, MP3 recordings of this program will be available to Section members on the Committee Program Audio page.


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SMOOTH MOVES: CAREER STRATEGIES FOR ATTORNEYS OF COLOR

Sponsored by the Commercial and Federal Litigation Section of the New York State Bar Association.
Co-sponsored by the Antitrust Law Section.

Thursday, May 23, 2019
5:00 p.m. 

The Stanley H. Kaplan Penthouse
70 Lincoln Center Plaza

165 West 65th Street, 10th Floor
New York, NY 10023

1.0 MCLE Credits: 1.0 Diversity, Inclusion, and Elimination of Bias Credits

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This event is complimentary to all who attend, but capacity is limited so registration is required.

4:30 - 5:00 p.m. Registration 

5:00 p.m. - 6:30 p.m. 
The Color of Neutrality: Increasing Diversity in Alternative Dispute Resolution


This CLE panel will explore the case for advancing diversity within that arena. The panelists will make the case for why available neutrals should be representative of the individuals, institution and communities that come before them to ensure litigants’ perceptions of fairness within the increasingly utilized ADR forum. The CLE panelists will offer practical guidance to litigators of color, in particular, on ways to enhance their careers, by training to become neutrals in court-sponsored or private ADR programs.

Panelists: 

  • Hon. Ariel E. Belen, Mediator and Arbitrator, JAMS
  • Sasha A. Carbone, Esq., Associate General Counsel and Assistant Corporate Secretary, American Arbitration Association
  • Theo K. Cheng, Esq., Mediator and Arbitrator, The ADR Office of Theo Cheng
  • Nicole C. Haynes, Esq., Associate Director of Recruitment and Training, Financial Industry Regulatory Authority
  • Nancy M. Thevenin, Esq., General Counsel for the United States Council for International Business, and Founder/Principal, Thevenin Arbitration and ADR

6:30 p.m. - 8:00 p.m. 

Presentation of the Section’s Hon. George Bundy Smith Pioneer Award to Preet Bharara and Joon Kim, former United States Attorneys for the Southern District of New York.

History of the Hon. George Bundy Smith Pioneer Award

Presentation of the Commercial and Federal Litigation Section 2018 Minority Law Student Summer Fellowship administered by The New York Bar Foundation

Thank You to the Following Sponsors:
Gold: Akin Gump Strauss Hauer & Feld LLP, Kramer Levin Naftalis & Frankel LLP, Cleary Gottlieb Steen & Hamilton LLP, Seyfarth Shaw LLP, Patterson Belknap Webb & Tyler LLP
Silver: Morrison & Foerster, LLP, Bond Schoeneck & King, PLLC, Covington & Burling LLP, Farrell Fritz, P.C., American Arbitration Association, Jenner & Block LLP
Bronze: Rakower Law PLLC, Labaton Sucharow LLP, DeVore & DeMarco LLP, Walsh Pizzi O'Reilly Falanga LLP, Barclay Damon LLP, Lowenstein Sandler LLP, Phillips Nizer LLP, MoxleyADR LLC, Venable LLP, Tannenbaum Helpern Syracuse & Hirschtritt LLP
NYSBA Sections: Antitrust Section, Corporate Counsel Section, Dispute Resolution Section, General Practice, Intellectual Property Section, Labor and Employment Law Section, Torts, Insurance and Compensation Law Section, Trusts and Estates Law Section

REGISTER NOW


This event is complimentary to all who attend, but capacity is limited so registration is required.


ANTITRUST SECTION MERGERS COMMITTEE IS SPONSORING A PANEL ENTITLED

HOW TO CONDUCT AN ANTITRUST OVERLAP ANALYSIS

WEDNESDAY, JUNE 5

12:00 p.m. – 1:00 p.m.
Complimentary Teleconference Program

View Flyer

Panelists:
Matthew Joseph, Fried, Frank, Harris, Shriver & Jacobson LLP
Justin Epner, Wilson Sonsini Goodrich & Rosati LLP

Moderator:
Brian Desmarais, Goodwin Procter LLP

This program is co-sponsored by The New York Bar Foundation.
For more information about the Antitrust Section, please contact Tiffany Bardwell at tbardwell@nysba.org.

Please register by sending an RSVP to Christina.Ghazarian@friedfrank.com.

Dial-in information will be provided upon registration.


Antitrust Law Basics 
Monday, June 10, 2019
Convene Convention Center | NYC
2:00 - 5:15 pm 
3.5 MCLE Credits; 3.5 Areas of Professional Practice 


NYSBA Member: $150 | Non-Member : $250
Co-Sponsoring Section Member : $125

Register Today 


This program brings together a faculty of experienced antitrust law practitioners who will provide a broad overview of the current antitrust practice landscape, including its laws, procedures and players.

Who Should Attend:
Junior associates engaged in antitrust practice, law clerks and attorneys interested in familiarizing themselves with basic antitrust legal principles.  No prior knowledge of antitrust law is required.

Sponsored by the Antitrust Law Section and the Committee on Continuing Legal Education.

Agenda Topics

  • Main Antitrust Statutes and Applications  
  • Horizontal Restraints of Trade   
  • Monopolization    
  • Mergers and Acquisitions
  • Vertical Restraints of Trades  

Program Chair
Adam G. Hemlock, Esq. | Weil Gotshal & Manges, NYC

Program Faculty 
William Reiss, Esq. | Robins Kaplan, LLP, NYC
Elai Katz, Esq.| Cahill, Gordon & Reindel, LLP, NYC
Gerald A. Stein, Esq. | Norton Rose Fulbright, LLP, NYC
Eva W. Cole, Esq. | Winston & Strawn, LLP, NYC


For more information about the Antitrust Section, please contact Tiffany Bardwell at tbardwell@nysba.org.

Antitrust and the Financial Industry: Navigating the Pitfalls

June 12, 2019
Winston & Strawn, MetLife Building, 200 Park Avenue
Cocktails 6 pm, panel discussion 7-8 pm
Complimentary Event

 

The financial services sector is unique in that competitors are often also customers, and a high degree of collaboration and communication is sometimes required in order for the banking system and capital markets to function.  Such collaboration and communication carries a degree of antitrust risk for banks and financial institutions. 

 

Please join the New York State Bar Association and the ABA Cartel and Criminal Practice Committees for a networking event and to hear our panel of experts from the government, financial services, and law firms explore areas of the industry that are particularly vulnerable, and discuss best practices and solutions for managing the antitrust risk.  Summer associates with an interest in antitrust or white collar criminal law are particularly welcome.        

 

Panelists:

Jeffrey Martino, U.S. Dept. of Justice Antitrust Division New York Field Office, Chief
Antonia Sherman
, Linklaters, Counsel
Wendy Waszmer
, Wilson Sonsini, Partner
Jordan Woods
, Morgan Stanley, Executive Director, Antitrust Counsel

 

Topics for discussion:

  • Enforcement:  What are the top enforcement priorities of the DOJ as they related to the financial services industry, both on the criminal and civil side?
  • What are the most common misperceptions held by financial industry participants about antitrust?

o   No poach agreements?

o   Rule of reason v. per se?

o   Benchmarking?

  • Syndication:  a group of practitioners and economists recently provided a study to the European Commission that reviewed the potential for antitrust violations involved in loan syndication. What are the lessons from the study, how much weight should the study be given, and how relevant are the conclusions to the US?  What information exchanges/collaboration permissible in the US?  
  • Australia CCC prosecution of ANZ public offering syndicate:  what is the rationale for the prosecution?  Should US financial institutions change their procedures?  
  • Current political climate:  Many Democrats, including presidential candidates, have been speaking about antitrust and the effects of perceived concentration – how does this affect the financial services industry?
  • How do antitrust compliance professionals ensure that their institutions conduct themselves in line with the antitrust laws?
 

Please RSVP to Daphney Charlemagne at DCharlem@winston.com.

 

Co-Sponsored by The New York Bar Foundation.

Antitrust Executive Committee Meeting

Wednesday, June 19, 2019
8:30-9 am Executive Committee meeting
9 -10 am substantive presentation

Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019

All section members are invited to attend the substantive part of the meeting starting at 9am.   

RSVP to Tiffany Bardwell at tbardwell@nysba.org.


On June 19, 2019, Dr. Andres Lerner, Executive Vice President at Compass Lexecon, will present on the topic of network effects in the tech industry. The presentation will begin at 9 AM at the offices of Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New York, NY 10019.  The presentation is reserved for members of the New York State Bar Antitrust Section; interested persons should RSVP in advance to tbardwell@nysba.org.”

For more information about the Antitrust Section, please contact Tiffany Bardwell at tbardwell@nysba.org

Antitrust Section Interview Program
Wednesday, June 26, 2019
Robins Kaplan LLP
399 Park Avenue, Suite 3600
New York, NY 10022
2:00 - 4:00 pm 

Complimentary Event - View Flyer Here

Register Today - RSVP to Kellie Lerner at klerner@robinskaplan.com


The NYSBA Antitrust Section’s Diversity Committee cordially invites you to its second annual Interview Program for law students, as well as junior attorneys, to assist in preparing for an interview in the antitrust field. Students will be asked to submit a resume and (if they wish) cover letter in response to a mock job posting. During the program, students will each be paired with an experienced antitrust attorney who will first provide feedback on the resume and cover letter; and conduct a mock interview followed by a debrief. The entire session will last one hour. We hope this program will give students the opportunity to refine their interview skills while at the same time make a new professional connection in the antitrust field.

For more information about the Antitrust Section, please contact Tiffany Bardwell at tbardwell@nysba.org.

The Antitrust Law Section confers two service awards.  The William T. Lifland Service Award has been given since 1997 and was renamed in honor of its first recipient, William T. Lifland, in 2007.  The Distinguished Public Service Award was created in 2007.

William T. Lifland Service Award
The NYSBA Antitrust Law Section's William T. Lifland Award is made annually to a distinguished antitrust practitioner in recognition of his or her contributions and accomplishments in the field of antitrust and service to the Antitrust Section.  The Award is presented to the recipient by the Antitrust Section at its annual dinner.

Recipients
1997 – William T. Lifland
1998 – Irving Scher
1999 – Milton Handler
2000 – Eleanor M. Fox
2001 – Barry J. Brett
2003 – David Boies
2004 – Lloyd Constantine
2005 – Pamela Jones Harbour
2006 – Alan J. Weinschel
2007 – Martha E. Gifford
2008 – Barbara Anthony
2009 – Robert L. Hubbard
2010 – Steven M. Edwards
2011 – Ilene Knable Gotts
2012 – Stephen D. Houck
2013 – Molly S. Boast
2014 – Jay L. Himes
2015 – Bruce J. Prager
2016 – William H. Rooney 
2017 - Harry First
2018 - Professor Edward D. Cavanagh
2019 - Stacey A. Mahoney


Distinguished Public Service Award

The Public Service Award is made periodically and acknowledges those who have distinguished themselves not only as leading antitrust practitioners, but as individuals who have brought distinction to the antitrust bar as a whole by making significant leadership contributions to the public interest through their service to the bar and to society generally.  The Award is presented to the recipient by the Antitrust Section at its annual dinner.

Recipients
2007 – Ira M. Millstein
2008 – Joel Klein
2011 – Robert D. Joffe (posthumously)
2014 – Eleanor M. Fox
2017 - Hon. Paul A. Crotty

Recent Programs:


Wednesday, April 17, 2019 Spring Fling, Bookmarks (Rooftop Terrace) at the Library Hotel, 299 Madison Ave -- This event held at the Bookmarks Rooftop Lounge on a beautiful spring evening, provided an excellent opportunity for attorneys of all levels to network and celebrate the past year’s achievements.  The event was co-sponsored by the Antitrust Section and the Young Lawyers Section, and also kicked off the Antitrust Section’s Mentoring Program. The Spring Fling was very well attended by both experienced and junior attorneys, and several mentor-mentee pairs were able to meet and make great connections. 

April 10, 2019 Views from the Trenches: Litigating Merger Cases, Jones Day, 250 Vesey Street -- A diverse panel of private practitioners and Government lawyers shared their lessons and observations from trials of some of the most significant merger cases. 


March 13, 2019 presentation to Antitrust Section Executive Committee by Dr. Emily Walden, of NERA, presented on vertical healthcare mergers. Topic discussed during the presentation included the economic theory of vertical mergers and its application to healthcare mergers, in particular the acquisition of physician practices by health systems, as well as the use of merger retrospectives in prospective healthcare merger analysis.

February 27, 2019 Antitrust "Plus" Factors program by the Coordinated Conduct Committee at Dechert LLP, 1095 Avenue of the Americas – A panel of antitrust practitioners discussed the genesis of antitrust “plus factors” as circumstantial evidence of an anticompetitive agreement, examples of common plus factors alleged by plaintiffs, recent cases analyzing plus factors, and a circuit split regarding the summary judgment standard. 

February 20, 2019 Becoming an Antitrust Attorney, Cardozo School of Law Moot Court Room – This panel and networking event was held for New York City-area law students.  A panel of practitioners from the government, plaintiff and defense bars shared their unique paths to becoming antitrust attorneys, discussed what the diverse practice area of antitrust law encompasses, and provided students with advice on what steps they can take to pursue a career in antitrust law.

February 13, 2019 presentation to Antitrust Section Executive Committee Almudena Arcelus, principal at Analysis Group, and Howard Ullman, Of Counsel at Orrick, presented on how the adoption of blockchain technology will impact various stakeholders, the potential risks and useful mitigation strategies relevant to antitrust considerations.

January 17, 2019 Antitrust Law Section’s Annual Meeting: Annual Review of Developments and Hot Topics, including: Merger Enforcement in the Trump Administration, Blunt Instrument or Surgical Blade: Is Section 2 of the Sherman Act the Right Tool to Address Financial Market Manipulation?, A Discussion with the Antitrust Division’s New Deputy AAG for Criminal Enforcement, Don’t Be Afraid of the DARC (the Donnelly Act Revision Committee, that is)

December 19, 2018 presentation to Antitrust Section Executive Committee by, Bob Hubbard, Jay Himes, and Joshua Lipton gave a presentation on the pending Supreme Court case Apple, Inc. v. Pepper

December 4, 2018 Joint Program with the IP Section, “Antitrust Implications of Settlements in Trademark Disputes” 

November 14, 2018 presentation to Antitrust Section Executive Committee by Dr. Graeme Hunter, Managing Director at NERA Economic Consulting, presented on “Anticompetitive Bundling Compared to the Legal Standards.”

November 1, 2018 Mergers Committee Program, “What M&A Lawyers Want Antitrust Lawyers to Know” 

October 29 - 31, 2018 “Trial Practice/Expert Witness Training Program” 

October 19, 2018 Mergers Committee Program, “Merger Control in Brazil” 

October 17, 2018 presentation to Antitrust Section Executive Committee by Donnelly Act Review Committee: Reports from Section Committees (Cartel and Criminal Practice, Class Action, Coordinated Conduct, Unilateral Conduct, and Mergers) and group discussion of findings and next steps.

September 20, 2018 presentation to Antitrust Section Executive Committee by Scott Hemphill, Professor of Law at NYU Law School, gave a presentation on his forthcoming article “The Strategies of Anticompetitive Common Ownership.” 

September 14, 2018 William Howard Taft Lecture "After Amex: Multi-Sided Markets, Anticompetitive Effects, and the Rule of Reason."  Lecture delivered by renowned antitrust law and economics Professors Herbert Hovenkamp and Dennis Carlton on the paradigm-shifting opinion in Ohio v. American Express.

September 12, 2018 Cartel and Criminal Practice Committee sponsored a program, "Your Corporate Client Received a Grand Jury Subpoena: What Should You Do Next?", with speakers Peter Chavkin, Partner, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.; and Elizabeth Prewitt, Partner, Hughes Hubbard & Reed, LLP.  Moderator Steven Tugander, U.S. DOJ, Antitrust Division.

July 11, 2018, Summer Mergers Program: “Hot Topics in High-Tech Markets”, The program was moderated by Ilene Gotts (Wachtell, Lipton, Rosen & Katz), and the panelists were: Aaron Hoag (Networks and Technology Enforcement Section, DOJ Antitrust); William H. Efron (Director, Northeast Region, Federal Trade Commission (“FTC”)); Professor Daniel Sokol (University of Florida School of Law).

June 20, 2018 “Why Antitrust?” Panel  

June 26, 2018 Mergers Committee sponsored a program that focused on high-tech mergers and included discussions on the role of innovation, serial acquisitions, privacy as a competition issue, and data aggregation. Moderator was Illene Knable Gotts, Partner, Wachtell, Lipton, Rosen & Katz.  Speakers Aaron Hoag, Section Chief, Networks and Technology Enforcement Section, Antitrust Division, DOJ; and William H. Efron, Director, Northeast Region, FTC.

June 14, 2018 Cartel and Criminal Practice Committee sponsored a panel entitled “No Poach Agreements: What the future Holds.” The panelist were Susannah P. Torpey, Partner, Winston & Strawn; Scott Martin, Partner, Hausfeld and Doha Mekki, Counsel to the AAG, US DOJ, Antitrust Division. The panel was moderated by Seth Farber, Partner, Winston & Strawn. 

May 30, 2018  Class Issues in Multi-Sided Markets with Dr. Michael I. Cragg, The Brattle Group, Principal and Chairman of The Brattle Group, discussing the complexities of class certification when issues regarding platform economics and two-sided markets are presented. 

April 26, 2018 Mergers Committee Presents: Hard Topics in Antitrust Risk Allocation

March 12, 2018  Mergers Committee and KLDiscovery Present: The Meaning of HSR Clearance 

December 7, 2017 Annual Antitrust Symposium:  Multi-Sided Markets: Smoke & Mirrors or Dynamic Competition?

September 12, 2017 Cartel Damages Claims: Economic Approaches to Estimating Overcharges, with James Reitzes, principal and chair of The Brattle Group’s competition group, discussing various methods of estimating overcharges arising from alleged collusion and identify pitfalls in methodology and execution 

June 22, 2017 #Antitrust: Social Media Insights for Class Action Litigation, with Mark Pelofsky and Brenda Arnott-Wesson, of Voluble Insights for Litigation, and Prof. Kerin E. Coughlin of NYC College of Technology, discussing the various ways social media analysis can be used in antitrust class actions, and how attorneys can use it most efficiently and effectively.

June 20, 2017 first annual Diversity Fellowship Alumni Lunch 

April 27, 2017  Class Action Committee Meeting on Recent Developments in Class Action Litigation, focusing on the class action reform bill winding its way through Congress. 

March 2, 2017 presentation to Antitrust Section Mergers Committee by Janet Hui, JunHe, LLP and Zhao (George) Wang, JunHe, LLP discussing the Key Challenges Faced by Multinational Companies in China - An Antitrust Perspective.
Fundamentals and Latest Developments of China Merger Control Filing by Janet Hui |  Overview of Anti Monopoly Issues in Company Business by George Wang

December 9, 2016 Annual Antitrust Symposium: REIMAGINING STAPLES/OFFICE DEPOT ACROSS BORDERS IN 2020: THIRD TIME’S THE CHARM?  
View the recorded program here: http://cle.nysba.org/AM/CustomSource/OnlineCLE/index.cfm?ID=ANTIFA16 
Program Flyer

December 1, 2016 presentation to Antitrust Section Mergers Committee by Franco Castelli, Wachtell, Lipton, Rosen and Katz, and Cathleen Peterson, Kroll Ontrack discussing the Nuts and Bolts of Second Request Compliance

October 19, 2016 presentation to Antitrust Section Executive Committee by David Kully of Holland & Knight, Elai Katz of Cahill Gordon, and Jennifer Selendy of Quinn Emmanuel will discuss the Second Circuit’s decision in U.S. v. American Express.

June 15, 2016 presentations to Antitrust Section Executive Committee by Dan O'Brien, (now former) Senior Economic Advisor at the Federal Trade Commission: Cross Ownership by Institutional Investors; and David Meyer of Morrison & Forester LLP: Overlapping Minority Ownership Positions, A Legal Perspective

May 18, 2016 presentation to Antitrust Section Executive Committee by Hillary Greene, Visiting Scholar at Harvard Law School and Professor at University of Connecticut School of Law: Muzzling Antitrust: Information Products, Innovation, and Free Speech

February 18, 2016 presentation to Antitrust Section Executive Committee by Vincius Marques de Carvalho, President, CADE (Brazil's competition authority): Snapshots of Competition Enforcement from Brazil

December 16, 2015 presentation to Antitrust Section Executive Committee by Jose Azar, Charles River Associates: Anti-Competitive Effects of Common Ownership

September 16, 2015 presentation to the Antitrust Section Executive Committee by FTC Northeast Region Director William H. EfronFTC v. Cardinal Health, Inc. (S.D.N.Y. Apr. 24, 2015),complaint and order discussed in FTC Northeast Region Director William H. Efron's Sept. 16, 2015 presentation to the Antitrust Section Executive Committee 

November 18, 2015 presentation to the Antitrust Section Executive Committee by NY Attorney General Antitrust Bureau Chief Eric Stock: People of the State of NY v. Actavis ("Namenda") (2d Cir. May 28, 2015) 

July 8, 2015 Summer Merger Program http://www.lawyerissue.com/u-s-agencies-take-a-tough-approach-to-merger-remedies/   

September 18, 2014 Class Action Committee CLE program Deciphering the FTAIA: Recent Developments in the Application of U.S. Antitrust Laws to Foreign Trade

June 5, 2014 panel discussion: Perspectives on Global Cartel Enforcement

May 20, 2014 Vertical Restraints Committee meeting

April 23, 2014 presentation by Kevin Caves, PhD (Economists Incorporated): Competition and Monopsony in Labor Markets Powerpoint slide presentation

    April 1, 2014 Antitrust Law Section's Lunch with Antitrust Regulators  Video of Panel Discussion

    March 6, 2014 Vertical Restraints Committee program"Feeling Blue: Antitrust Challenges to Health Insurers in the Post-Affordable Care Act World": St. Alphonsus v. St. Luke's Idaho Decision

    January 30, 2014 Antitrust Law Section's Annual Meeting:

    Antitrust Law Section's November 14, 2013 program "Antitrust Basics: An introduction for New Attorneys":  Basics of Antitrust - November 14, 2013 course materials  

     

    Antitrust Law Symposium

    The Antitrust Law Section Symposium is the published transcript of the Antitrust Law Section’s symposium held at NYSBA's Annual Meeting in January. Edited by Robert L. Hubbard and Arlene Leventhal at the New York Attorney General's office, the Symposium includes panel discussions and an annual review of antitrust developments. The Antitrust Law Section Symposium is published once per year and distributed to Section Members free of charge.

    The Antitrust Law Section Symposium is published as a benefit for members of the Antitrust Law Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission.

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