Our Curious Amalgam - American Bar Association

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#47 Sequences & Sparks: Life Sciences Innovation Mergers May 01, 2020

Show notes

Recent economic research has examined potential killer acquisitions in the U.S., and regulators here and abroad have expressed competition concerns about acquisitions of startups. But innovation is a difficult and uncertain process. This panel explores hot topics, patent thickets, biologics, and the revamped UK CMA approach in a broader discussion of the renaissance of innovation theories of harm. SESSION CHAIR / MODERATOR / SPEAKER E. Bill BATCHELOR / Skadden Arps Slate Meagher & Flom LLP, Brussels SPEAKERS

Deborah FEINSTEIN / Arnold & Porter, Washington, DC
W. Robert MAJURE / Cornerstone Research, Washington, DC
James R. WEISS / Deputy Assistant Director, Mergers I, Federal Trade Commission, Washington, DC

#46 Antitrust, IP & Trade Wars Apr 30, 2020

Show notes

Antitrust interfaces with both international trade and intellectual property in complex ways. Multinational companies often face challenges that involve all three areas, while law firm practice groups tend to be siloed. This program brings together antitrust and trade experts who will explore these issues, as well as the unfair competition mandate of the International Trade Commission. SESSION CHAIR / MODERATOR D. Daniel SOKOL / White & Case LLP, Miami, FL SPEAKERS

H. Stephen HARRIS / Winston & Strawn LLP, Washington, DC
Youngjin JUNG / Kim & Chang LLP, Seoul
Shuli RODAL / Osler Hoskin & Harcourt LLP, Toronto
Laurent RUESSMANN / FieldFisher LLP, Brussels

#45 Honest Broker Or Advocate: Effective Expert Testimony Apr 29, 2020

Show notes

It has been said that conflicting expert testimony merely "cancels" each expert out: that experts can lose, but not win, a case. Are these mantras valid? What are the secrets to effective expert testimony? What mixture of "honest broker" and "advocacy" is the right one? Is the expert a "narrator" of facts or a hammer for ultimate issues? SESSION CHAIR / MODERATOR Ian SIMMONS / O'Melveny & Myers LLP, Washington, DC SPEAKERS

Belinda S. LEE / Latham & Watkins LLP, San Francisco, CA
Robert MANESS / Charles River Associates, College Station, TX
Scott A. MARTIN / Hausfeld LLP, New York, NY
Lauren STIROH / NERA Economic Consulting, White Plains, NY

#44 The Great Divide? Diverging State / Federal Enforcement Apr 29, 2020

Show notes

During this time of unprecedented divergence between state and federal antitrust enforcers, the panel will examine the legal framework and context for different investigation and enforcement perspectives, recent cases and settlements, and how to navigate investigations, negotiations, or enforcement actions where the procedural posture or relief sought by federal and state enforcers differs. SESSION CHAIR / MODERATOR Melanie A. HALLAS / Assistant Vice President – Senior Legal Counsel, AT&T Services, Incorporated, Washington, DC SPEAKERS

Michael COWIE / Dechert LLP, Washington, DC
David I. GELFAND / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC
Elinor R. HOFFMANN / Acting Chief, Antitrust Bureau, Office of the Attorney General, New York, NY
Amanda P. REEVES / Latham & Watkins LLP, Washington, DC

#43 No-poach: Assessing Risk In Uncertain Seas Apr 28, 2020

Show notes

No-poach agreements remain uncertain territory. This panel will take a practical look at the challenges in assessing risk and counseling clients regarding these agreements, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion. SESSION CHAIR / MODERATOR Adam HEMLOCK / Weil Gotshal & Manges LLP, New York, NY SPEAKERS

Mark H. HAMER / Baker McKenzie LLP, Washington, DC
Dean M. HARVEY / Lieff Cabraser Heimann & Bernstein LLP, San Francisco, CA
Susan A. MUSSER / Hogan Lovells US LLP, Washington, DC
Rahul RAO / Assistant Attorney General, Antitrust Division, Office of the Attorney General, Seattle, WA

#42 Consumer Protection Year In Review Apr 27, 2020

Show notes

This past year was a year full of important developments for regulators and self-regulators on cutting-edge domestic and international consumer protection enforcement issues, including native advertising, endorsements, consumer reviews used for claims substantiation, privacy, data security, and more. Hear from experts and the people in the trenches regarding current enforce- ment and policy priorities and initiatives. SESSION CHAIR/MODERATOR/SPEAKER Deon WOODS BELL, Senior International Attorney - Counsel for International Consumer Protection and Data Privacy, Federal Trade Commission, Washington, DC

SPEAKERS

Joanna BOLTON, Legal Director, Dell Inc., Washington, DC
Gustav W. EYLER, Director, Consumer Protection Branch, U.S. Department of Justice, Civil Division, Washington, DC
Anahid UGURLAYAN, Assistant Director of Communications, National Advertising Division, Better Business Bureau National Programs, Inc., New York, NY

#41 U.S. Privacy Law's Future: Pandemic Impacts? Apr 24, 2020

Show notes

This panel will discuss the status of federal and state privacy legislation and other policy proposals in the United States, and how they may shift in the wake of the pandemic. How does the balance between privacy and other social welfare interests shift in a crisis? Will privacy enforcement priorities shift? Will there be a stronger push for harmonization with foreign privacy laws and policies? SESSION CHAIR/MODERATOR Christopher N. OLSEN, Wilson Sonsini Goodrich & Rosati, Washington, DC SPEAKERS

Maneesha MITHAL, Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC
Alison PEPPER, Senior Vice President, American Association of Advertising Agencies, Washington, DC
Jessica RICH, Attorney, Washington, DC
Lee TIEN, Senior Staff Attorney & Adams Chair for Internet Rights, Electronic Frontier Foundation, San Francisco, CA

#40 Merger Analysis Gone Digital: Time To Reboot? Apr 23, 2020

Show notes

Antitrust enforcers are facing calls for more active merger enforcement, particularly in the tech sector. Is more enforcement necessary? If so, are existing antitrust concepts and tools up to the task? For nascent acquisitions, how can competitive effects be assessed including impact on innovation or ability to disrupt, and what remedies should or could be considered for prior acquisitions? SESSION CHAIR/MODERATOR Haidee L. SCHWARTZ, Akin Gump Strauss Hauer & Feld LLP, Washington, DC SPEAKERS

Foad HOSEINIAN, Sullivan & Cromwell LLP, Brussels
Diana L. MOSS, President, American Antitrust Institute, Washington, DC
Carl SHAPIRO, Charles River Associates, Berkeley, CA
The Honorable Christine S. WILSON, Commissioner, Federal Trade Commission, Washington, DC

#39 Big Data As An Antitrust Issue Apr 22, 2020

Show notes

This past year saw an increasing number of jurisdictions around the world opening investigations or taking enforcement actions involving Big Data. Has data become the new oil that drives the global economy? Is Big Data no longer just the province of consumer protection? What role should data play in antitrust analyses of mergers or business conduct? What role should antitrust have in regulating Big Data?

SESSION CHAIR/MODERATOR Ankur KAPOOR, Constantine Cannon LLP, New York, NY

SPEAKERS

Vandy M. HOWELL, Cornerstone Research, San Francisco, CA
Andreas MUNDT, President, Bundeskartellamt, Bonn
The Honorable W. Kenneth PAXTON, Attorney General, Office of the Attorney General, Austin, TX
Peter SWIRE, Alston & Bird LLP, Atlanta, GA

#38 Whatever Happened To Global Cartel Enforcement? Apr 21, 2020

Show notes

Until recently, global cartel investigations dominated the headlines, and it seemed clear that coordinated international enforcement would be the wave of the future. But with the recent decline in blockbuster investigations, many question whether this trend has played itself out and, if so, what lies in store. SESSION CHAIR/MODERATOR J. Brent JUSTUS, McGuireWoods LLP, Richmond, VA

SPEAKERS

Heather S. NYONG'O, WilmerHale LLP, San Francisco, CA
Lisa M. PHELAN, Morrison & Foerster LLP, Washington, DC
Marisa TIERNO CENTELLA, Deputy Head of Unit Cartels, European Commission, Brussels
Atsushi YAMADA, Anderson Mori & Tomotsune, Tokyo

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