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Antitrust Institute 2012: Developments & Hot Topics

Speaker(s): Benjamin C. Block, Daniel G. Swanson, David G. Feher, Fiona A. Schaeffer, Harvey M. Applebaum, Holly A. House, Juan A. Rodriguez, Kellie Lerner, Leslie C. Overton, Molly S. Boast, Moses Silverman, Patricia A. Conners, Richard A. Feinstein, Robert A. Boland, Robert P. Taylor, Saul P. Morgenstern, Theodore L. Banks, Yvonne S. Quinn
Recorded on: May. 7, 2012
PLI Program #: 34109

Ben Block has extensive experience in civil litigation, including as a first-chair litigator in state and federal court trials and appeals, and in
arbitrations. He regularly advises the NFL regarding issues relating to its collective bargaining agreement, as well as in other matters.


  • Representing the NFL in the negotiation of the collective bargaining agreement with the NFL Players Association.
  • Representing the NFL against antitrust challenges to the 2011 lockout in Brady et al. v. NFL, et al.
  • Representing the BIG EAST Conference in litigation to uphold the validity and enforceability of the Conference Bylaw withdrawal provisions.
  • Successfully defending the NFL against the claims in Atwater, et al. v. NFLPA, et. al., 626 F.3d 1170 (11th Cir. 2010).
  • Helping to defend the NFL's college eligibility rules from antitrust challenge in Clarett v. National Football League, 369 F.3d 124 (2d Cir. 2004).
  • Representing patentholders in Hatch-Waxman litigation, including a lead role in securing for a patentholder a preliminary injunction and recall order against an infringing generic company.
  • Representing policyholder clients in disputes regarding coverage for mass tort liabilities.

  • United States Army, Armor Branch, Officer (1993-1998)

  • Filing amicus brief in support of petition for certiorari regarding Apprendi issues associated with criminal fines.
  • Represented petitioners bringing an Equal Protection challenge to discriminatory bar admission rules in the Court of Appeals and Supreme Court.
  • University of Virginia School of Law, J.D./M.A., 2001
    • Hardy Cross Dillard Scholarship
    • Goldsten Award for Distinction in the Classroom
    • Virginia Law Review, Executive Editor
  • U.S. Military Academy, B.S., 1993
    • Harry S. Truman Scholar

Judicial Clerkship
  • Hon. A. Raymond Randolph, U.S.
  • Court of Appeals, District of
  • Columbia Circuit, 2001-2002

Bar Admissions
  • Virginia
  • District of Columbia

David G. Feher is a partner in the firm's New York Litigation Department and co-chair of its Sports Litigation Practice Group. He is one of the leading sports lawyers in the country. He also has extensive experience in complex litigations, negotiations and arbitrations involving antitrust, intellectual property, contract and international issues.

Mr. Feher has been outside counsel for the NFL Players Association and the NBA Players Association for nearly 20 years, among other clients in the sports law field. He is one of the prime negotiators of the collective bargaining agreements in the NFL (1993, 1996, 1998, 2002, 2006 and 2011) and the NBA (1995, 1999, 2005 and 2011). He has been responsible since 1993 for monitoring the NFL's revenues and finances to ensure compliance with the salary cap/revenue sharing system, as well as monitoring the NBA's finances under the revenue sharing system in that industry. Mr. Feher is the principal author of the brief submitted by all of the major player associations to the U.S. Supreme Court in the landmark American Needle case. He also has represented agents and their clients at Creative Artists Agency (CAA), Wasserman Media Group (WMG), and other such firms in various matters.

Mr. Feher represents the player board members on the Sony Ericsson WTA Tour, including negotiating the new Prize Money Formula system for the WTA's Roadmap restructuring. He coled the firm's pro bono representation of double-amputee Oscar Pistorius in the successful, historic effort to overturn the ban against Mr. Pistorius competing in IAAF track events and attempting to qualify for the Olympics, and 800M World Champion sprinter Caster Semanya in her successful eligibility dispute with the IAAF.

Mr. Feher has also been one of the principal counsel in many prominent sports cases and arbitrations, including the Reggie White and Patrick Ewing class actions, the NFL lockout insurance / network TV contract case, the Michael Vick roster bonus forfeiture arbitration, the Terrell Owens arbitrations, the NFL debt limit collusion arbitration, the Arena Football League class action, the Bill Belichick / New York Jets litigation, and the Latrell Sprewell grievance. Mr. Feher represented Joe Smith in an arbitration that overturned the NBAfs efforts to prevent Mr. Smith from re-signing with the Minnesota Timberwolves, and John Elway in an arbitration concerning his contracts with the Denver Broncos. Mr. Feher also negotiated Avonfs sponsorship of the Olympic Games, Avonfs licensing contract with Derek Jeter, and Olympic athlete sponsorship contracts in the fashion industry. He also successfully represented noted nutritionist and New York Times best-selling author Dr. Joel Fuhrman in an arbitration and negotiation regarding the terms of a joint venture.

Mr. Feher has been involved in numerous other major cases, including the NASDAQ price fixing class action, the Freeman McNeil/NFL antitrust trial, and the NCAA/NIT antitrust trial. Mr. Feher successfully defended Avon Products, Inc. against a $100 million false advertising claim in the S.C. Johnson v. Avon Products trial and has also represented Avon in NAD advertising proceedings. Mr. Feher represented the New York Stock Exchange in connection with the "decimalization" of NYSE trading operations, and has advised companies involved in price-fixing investigations by the U.S. Department of Justice. Mr. Feher was also the principal author of the export controls compliance program for a major international airline and recently represented a Turkish company in successfully vacating an arbitration award on grounds of evident partiality. He has represented a number of large US and international companies in various matters, and has extensive experience litigating complex commercial disputes. He has negotiated numerous commercial contracts in the sports and other industries.

Mr. Feher often writes and speaks on antitrust and sports topics, and has served as an Adjunct Professor of Law at the Benjamin Cardozo School of Law.

Mr. Feher has been recognized in Chambers USA - America's Leading Lawyers for Business (2005-2011) as "one of the country's leading sports attorneys", with only six lawyers in the entire country ranked higher. He also was selected in the first 100 Lawdragon's "New Stars" in 2006 and honored in 2010 & 2011 by New York Super Lawyers.

Bar Associations, Memberships and Activities
 American Bar Association
 Sports Lawyers Association

 Duke University School of Law, 1984, J.D., Article Editor, Duke Law Journal
 Georgetown University, 1980, A.B., magna cum laude

Bar Admissions
 New York

Juan Rodriguez is an English solicitor whose practice is focused on EC competition law.

He has extensive experience advising companies involved in a broad range of industries, including financial services, extractive industries, pharmaceuticals, media and communication, IT and consulting services, and chemicals. He has particular experience representing companies involved in merger review proceedings before the European Commission.

Recent matters in which Mr. Rodriguez has been involved include representing Renault/Nissan in its strategic cooperation with Daimler; representing Goldman Sachs in its acquisition of Ontex; representing Rio Tinto in the sale of its Alcan Global Packaging business; representing Fiat on its strategic alliance with Chrysler; representing Crédit Agricole in the combination of its asset management business with that of Société Générale; representing Commerzbank in its acquisition of Dresdner Bank; representing KarstadtQuelle in the EC Commission’s review of its acquisition of MyTravel; representing AXA in the EC Commission’s review of its acquisition of Winterthur; representing a potential acquiror of Northern Rock plc on EC state aid matters; representing Bank of New York and Mellon Bank in the European competition aspects of their merger; representing Aventis in the EC review of Sanofi-Synthélabo’s hostile bid for Aventis; representing Chiron in connection with its acquisition by Novartis; representing AIG in the EC Commission’s investigation into aviation insurance; advising the North West Shelf consortium on EC competition law issues; advising the Shah Deniz consortium; representing Cytec Industries in the EC review of its acquisition of UCB’s chemicals division; representing Sidel in the EC review of Tetra Laval’s bid for Sidel; representing Goldman Sachs in the EC review of its acquisition of Queens Moat Houses Plc; representing Pharmacia in the EC review of Pfizer’s acquisition of Pharmacia; representing IntesaBci in the EC review of the joint venture between IntesaBci and Lazard; and representing Renault in the review by national competition authorities of Class’ acquisition of Renault Agriculture. He also has advised on confidential matters involving representing complainants before the EC Commission and national competition authorities. He is a member of the European Competition Lawyers Forum and is EU correspondent for the Canadian Competition Record.


  • 1988, College of Law, Guildford, Law Society Finals
  • 1987, University of Exeter, LL.B.
  • 1986, Universite d'Aix-Marseille III, Dip, Dr. Priv

Bar Admissions
  • England and Wales

Leslie Overton serves as Deputy Assistant Attorney General in the Antitrust Division of the United States Department of Justice. She rejoined the Antitrust Division in July 2011, and previously served from 2002 until 2004 as Counsel to the Assistant Attorney General.

Ms. Overton returned to government service from the Washington office of Jones Day, where she was a partner in the antitrust and competition practice.

She has been recognized by: Best Lawyers® (2010 – 2012); National Bar Association/IMPACT, 40 Lawyers Under 40 (2010); Nightingale’s Healthcare News, Outstanding Healthcare Antitrust Lawyers (2009); and Global Competition Review, 40 Under 40 Leading Competition Lawyers (2008).

Ms. Overton is a 1994 graduate of the University of Michigan Law School, where she served on the Michigan Law Review. She received her B.A. from the University of Pennsylvania in 1991.

Robert Boland has an A.B. from Columbia University and a J.D. from the Samford University Cumberland School of Law. He teaches Professional Franchises and Antitrust and Collective Bargaining in Sports. He also currently co-teaches Sports Law at NYU Law School with the legendary Arthur Miller. His research interests include all aspects of sports business. A sports lawyer by training, Boland is widely sought out to discuss issues combining sports and the law, and has recently appeared on or been quoted by ABC, NBC, CNN, Bloomberg Television, WFAN-AM, Sports Illustrated, ESPN the Magazine, the Associated Press, The New York Times, Crain's New York Business, and The Wall Street Journal. He was awarded the NYU School of Continuing and Professional Studies Award for Teaching Excellence in 2006.
Robert Boland is a labor, antitrust and criminal lawyer and has negotiated more than 100 player and endorsement contracts in a variety of sports, including the NFL. Additionally, he has experience as a sports agent, coach and manager of sporting events at the national and international levels. Admitted to the bars of New York and Georgia, he previously was litigation counsel to several major New York-area law firms, including Skadden Arps, and an assistant district attorney. During college at Columbia University, Boland competed in the 1984 U.S. Olympic Regional Trials in Greco-Roman wrestling.

Areas of Expertise:

  • Sports Contracts
  • Sports Legal Issues
  • Franchise Issues
  • Team Performance Issues

Molly Boast is a partner in the Litigation/Controversy and Regulatory and Government Affairs Departments, and a member of the Antitrust and Competition and Government and Regulatory Litigation Practice Groups. She joined the firm in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice.


Molly Boast joined the firm as a litigator in 2011, after serving as Deputy Assistant Attorney General for the Antitrust Division of the US Department of Justice. She has more than 30 years of experience in both senior federal government positions and private practice.

In her position as Deputy Assistant Attorney General, Ms. Boast was responsible for all civil enforcement investigations, including NBC/Comcast and Oracle/Sun Microsystems, and obtained the Division’s first judicial decision recognizing its authority to seek disgorgement.

Prior to joining the DOJ, Ms. Boast was a partner at Debevoise & Plimpton LLP where she chaired the antitrust practice group. Her practice focused on litigation, white-collar investigations, antitrust counseling and merger review.

From 1999-2001, Ms. Boast served as Deputy Director and then Director of the Bureau of Competition at the Federal Trade Commission. There, she oversaw several competition investigations and enforcement actions during the “merger wave” of the 1990s. Prominent mergers include Exxon-Mobil, BP-Arco, Glaxo-SmithKline, Dow-Union Carbide, and AOL-Time Warner.

From 1988-1999 Ms. Boast was a partner at LeBoeuf, Lamb, Greene & MacRae in New York City, where she chaired the litigation department. Most notably, she argued before the US Supreme Court in Hartford Fire v. State of California in 1993. In 1992, Ms. Boast was appointed Special Assistant United States Attorney General for the Independent Counsel Investigation of Banca Nazionale del Lavoro at the US Department of Justice.

Ms. Boast has spoken at dozens of programs on the topics of antitrust, litigation and women in the law. She is also the author of numerous papers and publications.

Professional Activities

Ms. Boast is admitted to practice in the US District Courts for the Southern and Eastern Districts of New York and the US Courts of Appeals for the First, Second Third, Ninth and Tenth Circuits.

Ms. Boast is a past chair of the Federal Courts Committee of the Association of the Bar of the City of New York. She has previously held positions on the governing bodies of the Antitrust Law and Section of Litigation, and the New York State Bar Association's Antitrust Section. Ms. Boast is the first woman to have chaired the federal courts committees of both the Federal Bar Council and the New York City Bar Association.

Honors & Awards

  • Received the 2013 William T. Lifland Service Award from the NYSBA Antitrust Law Section for distinguished service
  • Recognized by Chambers USA in 2007 and 2009 for her work in the antitrust field
  • Selected for inclusion in the 2007 edition of Legal 500
  • Recognized as a leader in the antitrust field in The Global Competition Review Handbook
  • Highly-recommended in the field of antitrust law in the 2006 edition of PLC Which Lawyer?
  • Recognized in New York Super Lawyers - Metro from 2006-2008 and in 2012 for her work in the antitrust field

Practice Area

  • Litigation/Controversy
    • Government and Regulatory Litigation
  • Regulatory and Government Affairs
    • Antitrust and Competition


JD, Columbia University Law School, 1979, Harlan Fiske Stone Scholar, Jane Marks Murphy Prize

MS, Journalism, Columbia University, 1971

BA, with honors, College of William and Mary, 1970

Bar Admissions

New York

United States Supreme Court

Fiona Schaeffer has extensive experience in antitrust counseling, litigation, and transactional matters for clients in a broad range of industries, with particular depth of experience in the health care, financial services, and media sectors. She advises corporate and private equity clients on antitrust aspects of mergers and acquisitions, joint ventures, distribution arrangements, licensing agreements, and other commercial transactions. She frequently serves as global coordinating antitrust counsel for transactions requiring antitrust review in the U.S., EU, and other jurisdictions worldwide. She also represents clients in government investigations, arbitrations, and litigations, including multidistrict treble damages class actions and private antitrust suits in federal and state courts.

Fiona practiced for a number of years in Europe, representing clients in cross-border transactions and EU litigation. She has appeared before the European courts in Luxembourg and worked on complex antitrust proceedings in the UK High Court.

According to clients in the Chambers USA 2010 directory, she is "an outside counsel who would be extremely difficult to replicate - she is a trusted adviser who understands our business as well as our in-house lawyers."

Prior to joining Jones Day in 2010, Fiona successfully completed many M&A transactions, including Houghton Mifflin's acquisition of the Harcourt Education business of Reed Elsevier Group and UnitedHealth Group's acquisition of PacifiCare Health System. She also represented one of the leading U.S. private equity firms in a putative nationwide antitrust class action and a global payment network company in a multidistrict federal and state class action lawsuit regarding currency conversion fees.

Fiona is active in the antitrust law sections of the ABA and New York State Bar Association.

University of Oxford (B.C.L. 1994); University of Adelaide (LL.B. 1992; B.Econ. 1992)

Recognized numerous times in: The Legal 500, Guide to the World's Leading Competition and Antitrust Lawyers, The International Who's Who of : Competition Lawyers & Economists and Business Lawyers, Guide to World's Leading Women in Business Law. Top "40 under 40" competition lawyers worldwide in a global survey conducted by the Global Competition Review.

Moses Silverman

A partner in the Litigation Department, Moses Silverman has a diverse practice with significant experience in antitrust litigation, securities litigation, corporate and derivative litigation, commercial litigation and international and domestic arbitration.
Over his career at the firm, Mr. Silverman has:

  • successfully tried cases involving complex commercial disputes, antitrust law, bankruptcy law, copyright law and employment issues;
  • successfully argued appeals involving antitrust, securities, bankruptcy, patent and corporate law;
  • defeated class certification in securities and antitrust cases;
  • defended clients in civil and criminal investigations involving antitrust and securities law;
  • represented board committees in independent investigations;
  • represented clients in international arbitration and litigation in Europe, South America and North America;
  • litigated the first "fast-track" arbitration under the auspices of the International Chamber of Commerce;
  • counseled clients on antitrust matters and negotiated mergers and acquisitions with the Federal Trade Commission and Department of Justice, including responding to "second requests"¨ and
  • represented pro bono clients in large issue/impact cases, including cases before the U.S. Supreme Court, and in individual criminal and civil cases.

Mr. Silverman has been a member of the Board of Directors of The Legal Aid Society and an Overseer of Colby College, and is a member of the London Court of International Arbitration Company. He was selected for commercial litigation in Who's Who Legal: The International Who's Who of Business Lawyers, antitrust in Chambers' USA, America's Leading Lawyers in Business, Legal 500 and The Best Lawyers in America, and international arbitration in Legal 500 and Legal Media Group's Expert Guide.

Mr. Silverman served as research editor of The New York University Law Review, was elected to the Order of the Coif and received the Pomeroy Prize. Prior to law school, he was a Peace Corps volunteer in Istanbul, Turkey.

 J.D., New York University School of Law, 1973
 A.B., Colby College, 1969

Richard A. Feinstein was appointed Director of the Federal Trade Commission's Bureau of Competition in May 2009. He rejoined the agency from a partnership at Boies, Schiller & Flexner LLP, where he focused on antitrust litigation and counseling. From 1998 to 2001, Mr. Feinstein was Assistant Director in the Bureau of Competition's Health Care Services and Products Division, focusing on antitrust enforcement, including anticompetitive practices and mergers involving health care providers and payers, and anticompetitive conduct in the pharmaceutical industry. Mr. Feinstein also worked previously at McKenna & Cuneo, LLP, and he was a trial attorney and supervisor in the Antitrust Division of the U.S. Department of Justice. Mr. Feinstein is a graduate of Yale University and Boston College Law School.

Bob Taylor is the founder and owner of RPT Legal Strategies PC in San Francisco and Palo Alto, providing legal and business advice to companies and investors with respect to all aspects of intellectual property and related fields of endeavor.  He serves as a Venture Advisor to New Enterprise Associates and as a patent law expert for the National Venture Capital Association.  He also serves on the advisory boards of the Alliance of U.S. Startups and Inventors for Jobs (“USIJ”) and the United States Intellectual Property Alliance (“USIPA”), both groups advocating strongly for reliable and enforceable patent rights.

For more than 40 years, Bob focused primarily on intellectual property litigation, serving as lead trial counsel and/or appellate counsel in dozens of patent, copyright, trade secret and antitrust cases involving a wide range of technologies and industries.  He is a Fellow of the American College of Trial Lawyers and a Lifetime Member of the American Law Institute.

Bob has written and lectured extensively on the business and legal problems associated with both intellectual property protection and the laws related to competition.  He served for several years as the co-chair of the Antitrust Committee of Intellectual Property Owners Association and also as a Member of IPO’s Amicus Committee.  Bob served as a member of the 1992 Commission on Patent Law Reform.  He is a former chair of the Antitrust Section of the American Bar Association, a former Patent Examiner, and a long-time member of the Institute of Electrical and Electronics Engineers.

Bob holds a J.D degree from Georgetown University Law Center and was a member of the editorial board of the Georgetown Law Journal.  He holds a B.S.E.E degree from the University of Arizona and was elected to Tau Beta Pi.  He served in the U.S. Army and worked as an engineer for Motorola and for Bell & Howell before attending law school.

Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson, who co-chairs Gibson Dunn’s Antitrust and Competition Practice Group, is a trial and appellate lawyer.  His practice focuses on antitrust and competition law, including trial and appellate litigation, class actions, grand jury and civil investigations, merger review, regulatory and competition policy matters, and antitrust counseling.  He is Co-Chair of the International Bar Association’s Antitrust Section, which is the world’s largest organization of international antitrust practitioners.  In addition to antitrust matters, Mr. Swanson has handled a wide variety of commercial litigation disputes.

Mr. Swanson graduated magna cum laude from Harvard Law School and holds a Ph.D. in economics from Harvard University, where he was a Harvard Teaching Fellow.  He is a member of the California and Brussels Bars, and is a solicitor of England and Wales and the Republic of Ireland.  He is admitted to practice before the U.S. Supreme Court, the Federal Circuit and the Second, Third, Fourth, Fifth, Sixth, Ninth and Tenth Circuits.

Chambers USA gives Mr. Swanson a “Band 1” ranking and reports that he “has a vast amount of antitrust expertise covering everything from merger investigations to civil and criminal litigation” and describes him as “a highly regarded trial lawyer with a wealth of experience” and as “a ‘tough opponent’ in civil and criminal litigation, alleged cartel matters and IP-related issues.”  Who’s Who Legal comments that “Daniel Swanson is a leading competition litigator whose ‘economics PhD is part of what makes him an outstanding attorney,’” and who “scores very highly for his ‘tenacious and persuasive’ litigation practice across a wide range of competition matters.”  The Legal 500 places him in a small group of Leading Lawyers for U.S. antitrust and class action litigation.  Benchmark Litigation Guide ranks Mr. Swanson as an Antitrust “National Star” and as a California “Litigation Star.”  He has repeatedly been named Best Lawyers’ “Lawyer of the Year” for Antitrust Litigation in Los Angeles, most recently for 2020.

Mr. Swanson has litigated dozens of Sherman Act Section 2 monopolization and dominance cases—including so-called “bet the company” cases—based on a wide range of alleged conduct (e.g., exclusive dealing, refusals to deal, tying, bundling), including defeating the landmark predatory pricing case brought by the Department of Justice, United States v. AMR Corp., 140 F. Supp. 2d 1141 (D. Kan. 2001), aff’d, 335 F.3d 1109 (10th Cir. 2003).  For many years, he has given the annual lecture on monopoly law for the Practicing Law Institute’s Annual Developments in Antitrust Law program.  Mr. Swanson’s practice has a strong focus on the tech sector, network industries, digital platforms, and media and entertainment businesses.  He regularly handles antitrust matters involving patents, copyrights and other intellectual property rights and was asked to testify about standard setting in the DOJ-FTC Joint Hearings regarding Competition and Intellectual Property Law and Policy.  He is the author (with Prof. William J. Baumol) of Reasonable and Nondiscriminatory (RAND) Royalties, Standards Selection, and Control of Market Power, 73 Antitrust L.J. 1 (2005) and The New Economy and Ubiquitous Competitive Price Discrimination: Identifying Defensible Criteria of Market Power, 70 Antitrust L.J. 661 (2003), on which the U.S. Supreme Court relied in Illinois Tool Works v. Independent Ink, 547 U.S. 28 (2006).  Mr. Swanson has also served as a Non-Governmental Advisor (NGA) to the ICN Unilateral Conduct Working Group in its work focused on monopolization and dominance law.

Holly House is an Antitrust and Competition partner in the Litigation Department of Paul Hastings. Her practice focuses on antitrust and trade regulation matters as well as complex commercial disputes. Ms. House has successfully represented premier clients as both plaintiffs and defendants in myriad types of commercial, intellectual property and class action disputes, including at several notable trials.

Ms. House is the past chair of the California State Bar’s Antitrust and Unfair Competition Law Section. For the past five years, she has been selected one of the "Top 250 Women in Litigation" nationwide, one of the top 50 women lawyers in Northern California, and a national and local "Litigation Star." She also has been honored as one of the "Top 100 California Women Lawyers” by the Daily Journal every year since 2010, one of the Best Lawyers in America since 2005, and a Northern California “Super Lawyer” since this peer award was first offered. Ms. House has also repeatedly been named one of the top antitrust lawyers in the United States by Chambers USA, where sources single her out as “a reliable and responsive, business-savvy practitioner” and "a long-standing, diligent antitrust attorney -- she commands great respect."

Accolades and Recognitions

  • Benchmark Litigation, Top 250 Women in Litigation (2013–2016)
  • Benchmark Litigation, Local Litigation Star, California (2013–2016)
  • Benchmark Litigation, National Litigation Star (2017)
  • Top (100) Women Lawyers/Top 75 Women Litigators, Daily Journal (2010–2015)
  • Top 50 Women Lawyers, Northern California, Super Lawyers (2011, 2012, 2015, 2016)
  • Best Lawyers in America, leading lawyer in Litigation - Antitrust Law (2005–2016)
  • Chambers USA, leading lawyer in Antitrust (California) (2004, 2007, 2009–2016)
  • Global Competition Review: Who's Who Legal: Leading Practitioner Competition (2016)
  • Super Lawyers, Northern California (2004–2015)
  • Oracle v. SAP — Top Plaintiff Verdict, Daily Journal (2011)
  • Super Lawyers Corporate Counsel Edition, Top Attorney in Corporate Litigation (Antitrust) (2009)
  • PLC Cross-Border Competition and Leniency Handbook, prominent practitioner in the antitrust field (2007–2009)

Professional and Community Involvement

  • Bar  Association of San Francisco, Chair – Complex Litigation Executive Committee (2016–2017); Vice-Chair (2015–2016); Secretary (2014–2015)
  • San Francisco Intellectual Property Law Association – Board Director (2015–2016)
  • Adviser, State Bar of California’s Antitrust and Unfair Competition Section (2005–present)
  • Chair of Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (2004–2005)
  • First vice chair, vice chair (Golden State Institute), secretary-treasurer and editor of Competition, Executive Committee, State Bar of California’s Antitrust and Unfair Competition Section (past)
  • ABA Antitrust Section

Kellie Lerner has over a decade of experience litigating high stakes antitrust disputes on behalf of both plaintiffs and defendants in federal courts throughout the country. She has worked on a number of groundbreaking antitrust cases, including serving as a member of the trial team in In re Abbott Labs Norvir Antitrust Litig. Ms. Lerner currently serves as Co-Lead Counsel in In re Merck Mumps Vaccine Antitrust Class Action and represents the Circuit City Liquidating Trust in In re Capacitors Antitrust Litigation. She also recently represented a publicly traded corporation in Insulate SB Inc. v. Abrasive Products & Equipment et al., where she successfully obtained a complete dismissal of a federal and multi-state antitrust class action filed against her client, which was affirmed by the United States Court of Appeals in the Eighth Circuit. She also counsels generic pharmaceutical, alternative energy and entertainment companies on competition issues.

Ms. Lerner was recently selected by The National Law Journal as an Antitrust and M&A Trailblazer (2016). In recent years, she was also selected by The New York Law Journal as one of 44 competition lawyers under 40 “who have made their mark on the New York legal community” and by Law360 in its “Rising Star” list of five competition lawyers under the age of 40 to watch.  The Legal 500 USA recommended her for the last two consecutive years, praising her “superior intellect, determination and political savvy in getting the job done.”  A frequent author and lecturer, Ms. Lerner is a recognized voice on all issues of antitrust law and her opinions have been quoted in The Washington Post, Bloomberg Businessweek, Yahoo News, and CBS MoneyWatch, among other publications.

Ms. Lerner is also Vice Chair of the American Bar Association Section of Antitrust Law’s Joint Conduct Committee and an Associate Editor of Antitrust magazine.  Ms. Lerner co-founded Roseann’s Gift, an organization named for her late mother and dedicated to raising research funding to cure lung cancer.  The organization is currently funding lung cancer research at Weill Medical College of Cornell University.  She is a member of the Tri-State Area Advisory Board of Jumpstart, which works to provide equal access to literacy education for preschool children in low-income communities.  She is also a member of the Board of Directors for the Jewish Community Project Downtown, an organization that was formed in the wake of the September 11th attacks to revitalize the Jewish community in lower Manhattan.  She currently provides pro bono assistance to KIND (Kids In Need of Defense) and has previously provided assistance to AARP and the Lawyers Committee for Civil Rights Under the Law.

Patricia Conners is Chief Associate Deputy Attorney General under Florida Attorney General Ashley Moody, overseeing the Antitrust, Complex Enforcement, Consumer Protection, Lemon Law Arbitration and Civil Rights Divisions as well as other things. She was the supervising attorney in the state's lawsuit against BP and others arising from the Deepwater Horizon oil spill disaster as well as the supervising attorney representing Florida in the multistate negotiations with the five major mortgage servicers over various issues arising from the foreclosure crisis, among other significant complex enforcement matters.

In addition to her general management responsibilities, Ms. Conners continues to serve as the Director of the Antitrust Division for the Attorney General's Office, where, since 1995, she has been responsible for implementing and overseeing the Attorney General's state and federal antitrust enforcement efforts.

She is board-certified in Antitrust and Trade Regulation by the Florida Bar and is a past chair of the Antitrust and Trade Regulation Certification Committee of the Florida Bar. She is also active in the Antitrust Law section of the ABA, where she has held a variety of leadership positions.

She was Chair of the NAAG Multistate Antitrust Task Force from 2001 to 2005, a position through which she coordinated multistate antitrust enforcement efforts and developed and ensured the implementation of policy related to Task Force initiatives.

Ms. Conners received both her undergraduate and J.D. degrees from the University of Florida.

Saul Morgenstern is a senior antitrust and litigation lawyer at Arnold & Porter Kaye Scholer LLP, resident in the New York Office.  He counsels and represents US and global companies across a broad spectrum of industries in complex antitrust and other commercial matters, class actions and multijurisdictional litigation before US federal and state courts, international arbitral tribunals, and in US government, state and foreign investigations. Saul also advises clients with respect to the antitrust implications of mergers, acquisitions, joint ventures, trade association activities, distribution and pricing programs and other aspects of competitor and customer relations. 

Saul is ranked as a leading antitrust practitioner by both Chambers Global and Chambers USA, listed by Legal 500 for Cartels and Civil and Class Action litigation, and was a 2017 Law360 Competition MVP, and in 2020 received the William T. Lifland Award for contributions and accomplishments in the field of antitrust from the New York State Bar Association Antitrust Law Section.  Saul speaks and writes regularly on antitrust and compliance issues facing US and multi-national businesses, and has co-chaired the Practising Law Institute's two-day annual Antitrust Law Institute for several years.  He received his J.D. with distinction from the Hofstra University School of Law in 1982, and his B.S. from Boston University in 1974.

Theodore L. Banks (Ted) is a partner in the firm of Scharf Banks Marmor LLC in Chicago, where his practice concentrates on compliance, general corporate, and antitrust matters.  He is also President of Compliance & Competition Consultants, LLC, a firm devoted to assisting corporations in development of effective and efficient programs in the areas of corporate compliance, internal investigations, and records management. 

He currently serves as a compliance monitor on behalf of the Federal Trade Commission and the Competition Bureau of Canada, monitoring the compliance programs of United Airlines, Air Canada, McKesson Corp., and Staples, Inc.   He is also an Associate Adjunct Professor of Law at Loyola University (Chicago) School of Law, where he teaches corporate compliance in the J.D., M.J., and L.L.M. programs.

Before entering private practice, he served as Chief Counsel & Senior Director, Global Compliance Policy, at Kraft Foods in Northfield, Illinois.  During his career at Kraft, his responsibilities also included supervision of complex litigation, negotiation of major corporate transactions, global records management, antitrust, and supervision of computer applications used in the Corporate and Legal Affairs Department.   He was responsible for automating the activities of the Law Department, and, among other accomplishments, created one of the first client-facing intranets in the country.  He directed many substantial corporate transactions, including the $19 billion acquisition of Nabisco by Kraft.  He successfully managed several antitrust cases as a plaintiff, where the company was able to recover substantial sums outside of the class action context.

Ted is a graduate of Beloit College (B.A. Government) and the University of Denver Sturm College of Law, where he served as Editor-in-Chief of the Denver Journal of International Law and Policy.

Ted has written numerous articles on antitrust, compliance, and legal automation topics. He co-edited the Corporate Legal Compliance Handbook, published by Aspen/Wolters-Kluwer, and his multi-volume treatise, Distribution Law: Antitrust Principles and Practice, also published by Aspen/Wolters-Kluwer, is now in its second edition.  He is also the author of the chapter on antitrust compliance in the Antitrust Adviser, published by Thomson Reuters.  He was a chapter author and one of the editors of the Antitrust Compliance Handbook, published by the ABA Section of Antitrust Law. In the ABA Cybersecurity Handbook, he wrote the chapter on cybersecurity for small businesses (and small law firms). He has been recognized as a “Super Lawyer,” as one of the “Attorneys Who Matter,” and one of 50 “Governance, Risk & Compliance Trailblazers and Pioneers. He is a frequent speaker at professional education programs, where he strives not to bore the attendees too much.

Yvonne is continuing her more than 40 year career as an antitrust lawyer as a Retired Partner/Of Counsel of Sullivan & Cromwell LLP.  During those 40 plus years, Yvonne has advised companies on acquisitions in a wide variety of industries, including banking and other financial services, newspapers, magazines, pharmaceutical companies, book publishers and cable television programming.  In addition, she has also handled both civil and criminal antitrust cases such as those resulting from the FX controversies of the last decade.

Yvonne earned her law degree and a master’s degree in economics from the University of Michigan and began her career as a young associate on IBM’s defense against the government and private Section 2 cases that were pending in the late 1970s and then jumped to Sullivan & Cromwell in 1980.

Harvey Applebaum is a senior counsel in Covington & Burling's Antitrust and International Trade Practices. His antitrust and consumer protection practice includes Department of Justice and FTC investigations and litigation, both civil and criminal;
private antitrust litigation; and a diverse counseling practice, including distribution, price discrimination, competitor arrangements, mergers and joint ventures, intellectual
property, and trade associations.

Mr. Applebaum's international trade practice involves International Trade Commission, Commerce Department and U.S. Trade Representative proceedings under the antidumping and countervailing duty laws, Section 201 of the Trade Act and other trade laws, and WTO and NAFTA dispute matters. He also has an active practice in customs law matters, including classification, valuation, foreign origin, compliance reviews, NAFTA, and penalty proceedings. He has been regularly involved in trade law and customs law judicial appeals.

Mr. Applebaum is a former Chairman of the American Bar Association Antitrust Law Section, was the first Chairman of the Editorial Board of ABA Antitrust Law Developments, was Chairman of the Section's Robinson-Patman Act Committee, and has been a member of several Antitrust Section task forces. 

Mr. Applebaum conducted an antitrust practice seminar at Virginia Law School for over fifty years. He has written numerous articles on antitrust law and international trade law subjects. He has participated regularly in continuing legal education seminars and programs and has regularly chaired programs on antitrust and trade law topics. For example, he speaks regularly on the Robinson-Patman Act at the PLI Annual Antitrust Institute in New York