Antitrust Law Section Meeting

Thursday, January 26, 2017
8:30 AM - 5:15 PM
Total MCLE Credits: 8.00 (Professional Practice 7.00, Ethics 1.00)
#nysba20

 

Cocktail Reception for Antitrust Associates and Young Lawyers
5:00-6:00 p.m.
| Sutton Center, 2nd Floor

SECTION COCKTAIL RECEPTION | 6:00-7:00 p.m. | Dinner 7:00-9:00 p.m.
The University Club, 1 West 54th Street, New York City

SECTION CHAIR
Lisl J. Dunlop
Manatt, Phelps & Phillips LLP
New York City

PROGRAM CHAIR
Michael L. Weiner

Dechert LLP
New York City

8:30– 8:45 a.m.
Introduction and Welcome
Lisl J. Dunlop
, Manatt, Phelps & Phillips LLP, New York City
Michael L. Weiner, Dechert LLP, New York City

8:45– 9:45 a.m.
Judicial Perspectives on Antitrust Trials (1.0 credit in Areas of Professional Practice)
SDNY judges who had active antitrust practices before taking the bench and who have presided over antitrust trials, comment on changes in antitrust law and how antitrust cases are tried.

Moderators:
Professor Edward D. Cavanagh, St. John's University School of Law, Jamaica, NY
Stephen D. Houck, Menaker & Herrmann LLP, New York City

Panelists:
Honorable P. Kevin Castel, United States District Judge, Southern District of New York
Honorable Paul A. Crotty, United States District Judge, Southern District of New York
Honorable Colleen McMahon, United States District Judge, Southern District of New York

9:45– 11:00 a.m.
Antitrust Developments in 2016:  The Year in Review (1.5 credit in Areas of Professional Practice)
A review of hot topics and current events in antitrust.

Moderator:       
Elai Katz, Cahill Gordon & Reindel LLP, New York City

Panelists:          
William H. Efron, Director, Northeast Region, Federal Trade Commission, New York City
Elinor R. Hoffmann, Deputy Chief, Antitrust Bureau, Office of the Attorney General, New York City
Bryan Keating, Executive Vice President, Compass Lexecon, Washington, D.C.

11:00– 11:15 a.m.         
Refreshment Break

11:15 a.m.– 12:15 p.m.
Ethical Issues on a Global Scale
(1.0 credit in Ethics)
Cross-border antitrust matters – including investigations, litigation, and mergers – can raise ethics issues, including availability of privilege, representation of corporate and individual clients, and contact with represented parties.  The panel will discuss some of the key areas in which ethics issues arise, and provide tips for responding effectively.

Moderator:       
David K. Park, Bloomberg L.P., New York City

Panelists:
Marc Brotman, Pfizer Inc., New York City
Professor Stephen Gillers, NYU School of Law, New York City          
M. Elaine Johnston, Allen & Overy LLP, New York City
Wendy Huang Waszmer, King & Spalding, New York City and Washington, D.C.

12:15 – 12:20 p.m.        
Section Business Meeting, Election of Officers and Members of the Executive Committee

12:20 – 1:30 p.m.          
Lunch on Your Own

1:30 – 2:45 p.m.
Has Antitrust Failed? (1.5 credit in Areas of Professional Practice)
Has antitrust allowed too much concentration?  The five largest banks account for 45% of banking assets, up from 25% in 2000.  The top 100 companies in the U.S. accounted for 46% of GDP in 2013, up from 33% in 1994.  In 1990, the top three Detroit carmakers had a market cap of $36 billion and 1.2 million employees; today, the top three Silicon Valley firms have a market cap greater than $1 trillion, and only 137,000 employees. Are we already too concentrated?  Have the global high-tech, big data companies like Google, Apple, and Facebook already seized control of big data? What will be the impact of our new consolidation? Will consolidation have negative implications for innovation, consumer choice and other competitive effects that are not easily measured?   

Moderator:        
Ethan Litwin, Dechert LLP, New York City

Panelists:
Alec J. Burnside, Cadwalader, Wickersham & Taft LLP, Brussels, Belgium
Jason Furman, Chairman, U.S. Council of Economic Advisors          
Professor Maurice Stucke, University of Tennessee College of Law, Knoxville
Professor Timothy Wu, Columbia University Law School, New York City

2:45– 4:00 p.m.
EU/US Antitrust Enforcement Gap? (1.5 credit in Areas of Professional Practice)
Is there a growing gap in enforcement between the US and the EU?  A panel discussion about merger control, conduct issues, cartels, and State Aid tax rulings on both sides of the Atlantic.  The panel will discuss topical issues such as whether dominant US companies can get a “fair shake” before the European Commission, and how the “gap” may change under the new administration.

Moderators:      
Rachel Brandenburger, Senior Advisor & Foreign Legal Consultant (admitted in England & Wales) to Hogan Lovells US LLP, New York City
Jessica K. Delbaum, Shearman & Sterling LLP, New York City

Panelists:          
Patricia Brink, Director of Civil Enforcement, Antitrust Division, U.S. Department of Justice, Washington, D.C.
David Emanuelson, Senior Corporate Counsel, Antitrust, Novartis, New York City
Henri Piffaut, Head of Unit for Merger Control (on leave) at DG Competition of the European Commission; visiting fellow, Harvard University, Cambridge MA
Ingrid Vandenborre, Partner, Skadden, Arps, Slate, Meagher & Flom, LLP, Brussels, Belgium

4:00– 5:15 p.m.         
Topics in Cartels and Criminal Enforcement (1.5 credit in Areas of Professional Practice)
A look at corporate and individual antitrust sentencing trends a dozen years after the US Supreme Court held the US Sentencing Guidelines to be advisory.  Among the topics discussed will be how compliance programs, probation/monitors, and inability to pay have affected sentencing decisions.  

Moderator:        
Steven Tugander, Antitrust Division, U.S. Department of Justice, New York City

Panelists:
Seth C. Farber, Winston & Strawn LLP, New York City
Rita Glavin, Seward & Kissel, LLP, New York City           
Honorable Shira Scheindlin, Stroock & Strook & Lavan, New York City
Marvin Price, Antitrust Division, U.S. Department of Justice, Washington, D.C.

5:15– 6:00 p.m.
Cocktail Reception for Antitrust Associates and Young Lawyers | Sutton Center, 2nd Floor

6:00 p.m.                     
Section Cocktail Reception with dinner following at 7:00 at The University Club
           
Antitrust Law Section William T. Lifland Service Award will be given to Professor Harry First,
NYU University School of Law

Antitrust Law Section Distinguished Public Service Award will be given to Honorable Paul A. Crotty
, United States District Judge

Dinner Speaker: Mark Whitacre - Mr. Whitacre was the ADM executive responsible for blowing the whistle on the lysine price-fixing cartel in the early 1990s, wearing a wire for the FBI for several years. 

 

The Antitrust Law Section Gratefully Acknowledges Our Dinner Sponsors

Platinum Sponsors
Analysis Group | Compass Lexecon | NERA Economic Consulting

Gold Sponsors
Charles River Associates | Garden City Group, LLC   

Silver Sponsors
AB Data | Bates White | Berkeley Research Group, LLC
The Brattle Group | Complete Discovery Source, Inc. | Cornerstone Research 
Monument Economics Group LLC | Rust Consulting and Kinsella Media 
US Legal | Wells Fargo Securities, LLC

     

IMPORTANT INFORMATION
Under New York’s MCLE rule, this program has been approved for a total of 8.0 credit hours (7.0 Areas of Professional Practice and 1.0 in Ethics). This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program.

Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 13th, 2017. For more details, please contact Lori Nicoll in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or [email protected].

Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Lori Nicoll at 518-487-5563.

For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association. Room rates are $260.00 per night plus taxes for single and double occupancy.  Reservations must be made by Wednesday, January 4, 2017. You also can reserve your overnight room on the web at www.nysba.org/am17accomm.

For questions about this specific program, please contact Lori Nicoll at 518-487-5563. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.