Our Curious Amalgam - American Bar Association

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#106 Is It Time to Rethink Section 230? The Debate Over the Liability Exemption for Internet Platforms Mar 15, 2021

Show notes

Section 230 of the 1996 federal Communications Decency Act immunizes online platforms from civil liability based on third-party content as well as for removing such content in certain circumstances. Twenty-five years after its enactment, has this immunity gone too far in protecting the behemoth internet companies from accountability and facilitating their pervasive growth and online presence? In this episode, co-hosts Alicia Downey and Christina Ma talk to O'Melveny partner Tod Cohen, a former in-house legal and public policy counsel for a number of prominent social media and e-commerce companies, about the connection between Section 230 and antitrust concerns regarding certain Internet platforms, and why Section 230 has become such a focal point of controversy. Listen to this episode to learn why Section 230 will likely continue to be making headlines in the world of antitrust and consumer protection.

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC

#105 How Do We Do Better? Increasing Opportunities for Women in Economic Expert Roles Mar 08, 2021

Show notes

Measured in absolute numbers, there have been more women attorneys and economists working in the field of antitrust, as compared to one or two decades ago. But is there greater diversity and inclusion as well, especially in leadership roles? Dr. Antara Dutta, Principal Economist at Amazon, Co-Chair of the ABA Antitrust Section's Diversity.Advanced Initiative, speaks with Anora Wang and John Roberti on how to increase opportunities for women in economic expert roles. Listen to this episode to learn about progress and roadblocks in achieving greater diversity and inclusion for attorneys and economists alike.

Related Links:

Diversity.Advanced Initiative

Hosted by:

Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP

#104 Have We Figured It Out? Online Privacy and Security in the "New Normal" of Video Conferencing. Mar 01, 2021

Show notes

The COVID-19 pandemic has forced many aspects of our everyday lives to go virtual, and the surge in demand for videoconferencing technology has come with a variety of problems when it comes to privacy, cybersecurity, and consumer protection. Do we finally have a handle on the problems that came with this "Zoom Boom"? From connectivity and consumer choice to misleading claims of data security and cyber attacks, privacy and cybersecurity experts Claudia Rast and David Turetsky join Kayla Odom and Christina Ma to discuss the gambit of issues we have faced surrounding videoconferencing technology. Listen in to learn more about these issues and about what other issues we might expect to encounter when it comes to the use of videoconferencing platforms.

Federal Prosecutors Accuse Zoom Executive of Working with Chinese Government to Surveil Users and Suppress Video Calls

Why Insider 'Zoom Bombs' Are So Hard to Stop

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

#103 What's Next for Antitrust Enforcement? The Antitrust Section Presidential Transition Report. Feb 22, 2021

Show notes

The ABA Antitrust Law Section issues a Presidential Transition Report each time a new administration enters the White House. What agenda does the latest Report recommend for the incoming leaders of the antitrust agencies? Transition Report Task Force leaders Rich Parker and Bill MacLeod discuss the highlights from the Report and share their insights with Sergei Zaslavsky and Christina Ma. Listen to this episode to learn about the most important questions facing the antitrust enforcers in the Biden administration, including the future of the consumer welfare standard, merger policy for acquisitions of nascent competitors, and more.

Related Links:

The Presidential Transition Report

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

#102 What Is the State of the Section? A Midterm Talk With the Section Chair. Feb 15, 2021

Show notes

Serving as the Chair of the ABA Antitrust Law Section is the culmination of years of hard work and dedicated service to the organization and its members. What has it been like to lead an international association of antitrust and consumer protection lawyers, regulators, economists, and academics during a global pandemic? As the Section gears up for its Virtual Spring Meeting online March 23-26, 2021, Section Chair Gary Zanfagna sat down at the midpoint of his one-year term to talk to co-hosts Alicia Downey and John Roberti about the state of the Section. Listen to this episode to hear Gary's perspectives on the future of antitrust and the Section's role in shaping that future.

Related Links:

Gary Zanfagna

Annual Spring Meeting

Hosted by:

John Roberti, Allen & Overy LLP and Alicia Downey, Downey Law LLC

#101 What's Trending? Understanding What To Expect In M&A Competition Law in 2021. Feb 08, 2021

Show notes

Merger clearance encompasses a major portion of the practice of competition law. What are the coming trends for 2021? Ilene Gotts, one of the deans of the competition bar, joins Christina Ma and John Roberti to discuss the major issues she sees for competition law related to mergers for 2021. Listen to this episode to learn more about the key issues, trends and predictions for antitrust M&A in the next year.

Hosted by:

John Roberti, Allen & Overy LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

#100 What's All The Fuss About? Brexit and UK Competition Law Feb 01, 2021

Show notes

The UK has finally left the EU and the ambit of EU law. What does this mean for competition law, merger control, subsidy control and competition litigation in the EU and UK? Anneli Howard, a UK barrister and EU law specialist, joins Matthew Hall and John Roberti to discuss the EU-UK Trade and Cooperation Agreement, WTO subsidy rules, Northern Ireland Protocol and the rest of the new legal regime. Listen to this episode to learn more about the present and future for these areas of law in the UK.

Related Links:

EU-UK Trade and Cooperation Agreement

Guidance on the functions of the UK CMA after the end of the transition period

Withdrawal of the United Kingdom and EU rules in the field of competition

Protocol on Ireland and Northern Ireland

WTO subsidy rules

UK National Security and Investment Bill

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP

#99 What Are Best Practices for Virtual Litigation? Notes From the Field Jan 25, 2021

Show notes

Thanks to COVID-19, many courts and government agencies are using computer-based videoconferencing technology to conduct conferences, motion hearings, and even trials online. What are the do's and don'ts for litigating effectively in virtual proceedings, especially in complex antitrust cases involving multiple parties and far-flung witnesses? Lisa Wood, and antitrust practitioner, Co-Chair of the Litigation Department of Foley Hoag LLP, and author of the long-running Notes from the Field column featured in Antitrust Magazine, joins Alicia Downey and John Roberti to discuss what she learned about best practice for virtual litigation from interviews with lawyers and judges across the country as well as the lessons she has learned from her own practice. Listen to this episode to hear about which virtual litigation proceedings are poised to become a permanent feature of complex civil suits and proceedings before the agencies.

Hosted by:

Alicia Downey and John Roberti

#98 How Will It Rule? A Panel Discussion on the Supreme Court Argument in AMG Capital Management, LLC v. Federal Trade Commission. Jan 19, 2021

Show notes

The FTC's enforcement program has long included the remedy of disgorgement, which requires that a defendant found liable return ill-gotten gains. Will the Supreme Court take this authority away? Michael Kades, Tim Muris, Maureen Ohlhausen and John Villafranco join Gerald Stein for a discussion of the Supreme Court's oral argument and what may happen to the FTC's disgorgement. Listen to this special episode to learn more about the future of this important FTC remedy.

Related Links:

Stein Antitrust Magazine article

Muris Antitrust Source Article

Luib Antitrust Magazine Article

Ohlhausen speech on disgorgement

Ohlhausen dissent in Cardinal Health

Villafranco Blog Entries on oral argument

Hosted by:

Gerald Stein, Norton Rose Fulbright LLP

#97 What Happens to a Prosecution Deferred? DOJ's Approach to Criminal Investigations Jan 18, 2021

Show notes

The Department of Justice Antitrust Division enjoys many tools to hone its criminal investigations, including many designed to incentivize cooperation from potential defendants. But how do Deferred Prosecution Agreements differ from the leniency program, and when might the Antitrust Division choose to negotiate one? Jon Jacobs, a seasoned antitrust trial lawyer and DOJ alumnus, joins Christina Ma and Matt Harper to examine how Deferred Prosecution Agreements factor into the Antitrust Division's criminal investigation and when Deferred Prosecution Agreements might be expected in the future. Listen to this episode to learn more about Deferred Prosecution Agreements and how the Antitrust Division uses them.

Hosted by:

Christina Ma and Matt Harper

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