Our Curious Amalgam - American Bar Association

Latest Episodes:

#197 Is Public Perception of the Judiciary Changing? A Conversation With Judge Bernice Donald. Nov 28, 2022

Show notes

In the American political system, the judiciary serves as an impartial, independent branch of government responsible for interpreting our laws and deciding cases and controversies. Even with these foundational principles, how do we ensure public trust in the institution? Sixth Circuit Court of Appeals Judge Bernice Donald joins Kayla Odom and Alicia Downey to reflect on the public perception of the role of the judiciary. Listen in to hear what shapes our understanding of the courts, and what the judiciary can do to ensure public confidence in the administration of justice.

With special guest:

Hon. Bernice B. Donald, U.S. Court of Appeals for the Sixth Circuit

Press Release, Federal appeals court judge Bernice Donald to receive Sandra Day O'Connor Award for outstanding contributions to justice – Aug. 31, 2022

Hosted by:

Alicia Downey, Downey Law LLC and Kayla Odom, Corporate Counsel, Renesas

#196 What's Happening in LATAM? Trends and Developments in Latin American Antitrust. Nov 21, 2022

Show notes

Latin America is an increasingly important region for antitrust enforcement. Are there similarities across the region and with other parts of the world? Julián Peña, partner at Allende & Brea, joins Anant Raut and Matthew Hall to discuss LATAM antitrust history and trends. Listen to this episode to learn more about antitrust in Latin America, how it developed and how to approach it.

With special guest:

Julián Peña, partner, Allende & Brea, Buenos Aires

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP and Anant Raut, Antitrust and Privacy Law Expert

#195 Who Is Rahul Rao? Meet the Newest Deputy Director of the FTC Bureau of Competition Nov 14, 2022

Show notes

The world of antitrust and consumer protection law is made up of fascinating people, including Rahul Rao, the newest Deputy Director of the Federal Trade Commission's Bureau of Competition. How did he go from Big Law associate, to stay-at-home dad, to the Washington state AG's office, and now the FTC? Hosts Alicia Downey and Jeny Maier talk with Deputy Director Rao about his unique career path from private practice to government service, his past and current enforcement priorities, and his advice for up and coming practitioners. Listen to this episode to learn about one lawyer's pathway to a rewarding career in public service.

With special guest:

Rahul Rao, Deputy Director, Bureau of Competition, Federal Trade Commission

Press Release, Washington State Attorney General's Office, "Lasting impact: Study finds AG Ferguson's no-poach initiative boosted income for low-wage workers nationwide"

Hosted by:

Alicia L. Downey, Downey Law LLC and Jeny Maier, Axinn, Veltrop & Harkrider LLP

#194 What About Small Tech? User Data and Privacy in Blockchain-Based Projects and the Future of the Internet Nov 07, 2022

Show notes

Web3 is being touted as the future of the internet. The vision for this new version of the web revolves around the notion of decentralization, driven by blockchain-based technologies including cryptocurrencies and NFTs. User privacy is central to these advances, but what does all of this mean for decentralized finance compliance and identity verification? How does a small tech company navigate the overlapping web of privacy, competition, and other regulations? And what are the implications for user data access? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Matt McGuire, General Counsel of Violet, about all things Web3, crypto, and privacy, including what's happening with the California Privacy Protection Agency' CPRA implementation.

With special guest:

Matt McGuire, General Counsel, Violet

Related Links:

CPPA Rulemaking

Matt McGuire, Violet Comments to CPPA

Where's Ooki? CFTC's Lawsuit Delivery Via Chatbox Raises Eyebrows

Violet

Hosted by:

Elyse Dorsey and Jana Seidl

#193 Healthy Competition? Ten Years in Review of Antitrust and the Health Care Industry. Oct 31, 2022

Show notes

The U.S. health care industry is complex and dynamic, resulting in antitrust issues that are just as complex. So what does the past decade of the intersection of antitrust and health care signal about the future? John Carroll and Amy Ritchie speak with Christina Ma and Jaclyn Phillips about these issues and the comprehensive update to the ABA's Health Care Handbook. Listen to this episode to learn more about the ACA, managed care, labor markets, and more.

With special guests:

John Carroll, Partner, Sheppard Mullin and Amy Ritchie, Attorney, Bureau of Competition at Federal Trade Commission

Related Links:

Jens Hackl, Sustainability and Antitrust – What Companies Need to Know About Sustainability Collaborations in Europe (Feb. 28, 2022)
The ESG Movement and Its Impact on Antitrust Compliance (July 7, 2022)
Oversight of Federal Enforcement of the Antitrust Laws, Subcommittee on Competition Policy, Antitrust, and Consumer Rights, Senate Judiciary Committee (Sept. 20, 2022) (note that discussion of ESG starts with questions from Sen. Hawley at 1:58:54 through 2:00:02 and picks up again with questions from Sen. Cotton at 2:02:42 through 2:05:35.)
3rd Circ. Won't Revive Shell Egg Buyers' Antitrust Suit

Hosted by:

Christina C. Ma, Partner, Wachtell, Lipton, Rosen & Katz and Melissa H. Maxman, Partner, Cohen & Gresser, LLP

#191 What's New in Mexico? The Battle for Jurisdiction Over Digital Markets Oct 17, 2022

Show notes

Mexico's Federal Economic Competition Commission (COFECE) is an autonomous agency responsible for competition law enforcement, policy and advocacy nationwide. At the same time, an entirely separate agency—the Federal Telecommunications Institute (IFT)—has jurisdiction to enforce the competition laws in the telecommunication and broadcasting sectors. How do the two agencies determine where one agency's jurisdiction ends and the other agency's begins? Marta Loubet, a competition lawyer based in Mexico City, joins Alicia Downey and Sarah Zhang to discuss the origins of the jurisdictional divide between COFECE and IFT, its relationship to COFECE's ongoing digital markets initiatives, and what changes the future may bring. Listen to this episode to learn more about a unique and important feature of the Mexican competition regime.

With special guest:

Marta Loubet, White & Case LLP

COFECE Website

IFT Website

Hosted by:

Alicia L. Downey, Downey Law LLC and Sarah Zhang, Baker Botts LLP

#190 Levelling the Playing Field? The European Union's New Regulation on Foreign Subsidies Distorting the Internal Market Oct 10, 2022

Show notes

To keep a level playing field among EU member countries, subsidies granted by those countries to companies engaged in competition in the EU are subject to the EU's state aid rules. But what about subsidies granted by non-EU countries which may impact the EU single market? Andreas Reindl, a partner at Van Bael & Bellis in Brussels, joins Alicia Downey and Matthew Hall to discuss the EU's new Regulation on foreign subsidies distorting the internal market, which authorizes the European Commission to investigate and issue orders to remediate the adverse effects of such foreign subsidies. Listen to this episode to learn more about this new Regulation and its implications for companies making acquisitions or involved in public tenders in the EU.

With special guest:

Andreas Reindl, Partner, Van Bael & Bellis

European Council press release 30 June 2022

Hosted by:

Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP

#189 What's at Stake Here? Issues With the State Antitrust Enforcement Venue Act Oct 03, 2022

Show notes

Compared to other proposals to reform the U.S. antitrust regime, the State Antitrust Enforcement Venue Act has shown greater potential of being passed. What is at stake here? Yee Wah Chin, Counsel at Ingram Yuzek, speaks with Anora Wang and Alicia Downey about the arguments for and against exempting antitrust cases brought by state attorneys general from transfer and consolidation in a single venue. Listen to this episode to learn about the complexities in the proposed legal change and the potential implications if and when it is enacted.

With special guest:

Yee Wah Chin, Counsel, Ingram Yuzek Gainen Carroll & Bertolotti, LLP

Hosted by:

Anora Wang, Arnold & Porter and Alicia L. Downey, Downey Law LLC

#188 What Makes a Maverick? Merger Analysis and Competitive Disruptors Sep 26, 2022

Show notes

The 2010 FTC/DOJ Horizontal Merger Guidelines indicate that merger review should consider whether a proposed merger may lessen competition by eliminating a "maverick" firm that plays a disruptive role in the market to the benefit of consumers. But how do we know when a proposed merger involves such a maverick? In this episode, hosts Alicia Downey and Matt Reynolds talk with Baker Botts LLP partner and DOJ alumna Taylor Owings about what she thinks should be the defining features of maverick firms. Listen to this episode to learn more about the theory of "disruptive innovation," the maverick concept, and their potential roles in merger analysis.

With special guest:

Taylor M. Owings, Partner, Baker Botts LLP

Clayton M. Christensen et al., "What Is Disruptive Innovation?", Harv. Bus. Rev., Dec. 2015

Edgewell Personal Care Company and Harry's, Inc. (FTC case page)

U.S. v. H&R Block, Inc., et al. (DOJ case page)

Check out two of Taylor's favorite board games:

Cyclades | Board Game | BoardGameGeek

Power Grid | Board Game | BoardGameGeek

And a card game that Taylor and Matt both enjoy:

Dominion | Board Game | BoardGameGeek

Hosted by:

Alicia L. Downey, Downey Law LLC and Matthew J. Reynolds, Partner, Huth Reynolds LLP