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Antitrust Institute 2013: Developments & Hot Topics


Speaker(s): Daniel G. Swanson, Deena Jo Schneider, Gil Ohana, Harvey I. Saferstein, Harvey M. Applebaum, Holly A. House, J. Robert Robertson, Janet L. McDavid, Jennifer B. Patterson, Molly S. Boast, Nathan P. Eimer, Patricia A. Conners, Renata B. Hesse, Richard A. Feinstein, Robert P. Taylor, Saul P. Morgenstern, Theodore L. Banks, Yvonne S. Quinn
Recorded on: May. 6, 2013
PLI Program #: 41846

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.

Practice

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

Education

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


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 also serves as a Venture Advisor to New Enterprise Associates and as a patent law expert for the National Venture Capital Association.

For more than 30 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,  a former chair of the Antitrust Section of American Bar Association, 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 also served as a member of the 1992 Commission on Patent Law Reform.

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. 


Daniel G. Swanson is a partner in Gibson, Dunn & Crutcher LLP, with offices in Los Angeles and Brussels. Mr. Swanson has been a trial and appellate litigator for over 30 years, and has Co-Chaired Gibson Dunn’s highly-regarded Antitrust and Competition Practice Group since 1996.  His practice focuses on U.S., EU and international antitrust and competition law, including trial and appellate litigation, class actions, criminal investigations and cartel defense, merger review and government civil investigations, regulatory and competition policy matters, and antitrust counseling.  
Mr. Swanson is a member of the California and Brussels Bars and is a solicitor of England and Wales and of the Republic of Ireland.  He graduated magna cum laude from Harvard Law School in 1984 and holds a Ph.D. in economics from Harvard University. 

Chambers USA reports that “Daniel Swanson has a vast amount of antitrust expertise covering everything from merger investigations to civil and criminal litigation” and describes him as “a highly adept trial lawyer” 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 … scores very highly for his ‘tenacious and persuasive’ litigation practice across a wide range of competition matters.”  THE U.S. LEGAL 500 places him in a small group of Leading Lawyers for Antitrust—Civil Litigation/Class Actions.  The Institutional Investor’s BENCHMARK LITIGATION GUIDE ranks Mr. Swanson as an Antitrust “Litigation Star,” and he has twice been named Best Lawyers’ Antitrust Law “Lawyer of the Year” for Los Angeles, most recently in 2016.  

Mr. Swanson is Senior Vice Chair of the Antitrust Committee of the International Bar Association.  He previously served as Co-Chair of the ABA Antitrust Section’s International Committee (2002-06).  He teaches antitrust law at the LSIW Program of the Executive School of Management, Technology and Law of the University of St. Gallen, Switzerland.  He is also a member of the Competition Section of the Law Society of England and Wales.

Mr. Swanson regularly handles antitrust and competition matters involving patents, copyrights and other intellectual property rights.  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).  Mr. Swanson has also served as a Non-Governmental Advisor (NGA) to the International Competition Network (ICN) Unilateral Conduct Working Group in its work focused on monopolization and dominance law.

 


Deena Jo Schneider is a partner in the Philadelphia office of Schnader Harrison Segal & Lewis LLP, where one of the focuses of her practice has always been antitrust and trade regulation. She has represented clients in industries ranging from electronics manufacturing, pharmaceuticals, and waste management to communications, publishing, and software development and distribution. Her antitrust matters have encompassed a wide variety of issues, including price discrimination, resale price maintenance and other pricing practices, joint pricing, tying and exclusive dealing arrangements, distribution arrangements, product and geographic allocations, market definition and concentration analyses, intellectual property administration, and joint ventures, mergers, and acquisitions. She has been involved in government investigations and administrative proceedings as well as federal and state court litigation on behalf of both plaintiffs and defendants. She has also handled many cases outside the antitrust area and has particular experience in motion and appellate practice, often serving as issues or appellate counsel during the preparation, trial, and post-trial stages of litigation and then handling the appeals.  Additionally, she has a significant counseling practice, especially as an appellate consultant and in the areas of pricing and distribution and e-commerce and technology. 

Deena is a Vice-Chair of the ABA Antitrust Section's Pricing Conduct Committee where she is responsible for publications and is also active in programming.  She is also one of the authors of the recently published Price Discrimination Handbook as well as a contributor to the chapter of Antitrust Law Developments and its annual updates covering the Robinson-Patman Act. Additionally, she is an elected member of the Executive Board of the ABA's Council of Appellate Lawyers and Chair of its Membership Committee, and an elected member of the Board of Governors of the Bar Association of the Third Judicial Circuit and Co-Chair of its Rules Committee. She has been recognized in Best Lawyers in America, Pennsylvania Super Lawyers, Marquis Who's Who in American Law and similar publications, and Corporate Counsel's Top Lawyers. She has spoken and written on numerous antitrust and litigation topics. 

Deena is a member of the Pennsylvania bar and admitted to practice before the U.S. District Court for the Eastern District of Pennsylvania, the U.S. Courts of Appeals for the First, Third, Eighth, and Ninth Circuits, and the U.S. Supreme Court. She is a 1974 graduate of Harvard Law School and a 1971 graduate of Yale University magna cum laude.


Gil Ohana is Senior Director, Antitrust and Competition for Cisco Systems, the leading manufacturer of networking equipment for the Internet. Gil regularly advises Cisco on antitrust issues relating to mergers and acquisitions, joint ventures, standard setting, distribution, intellectual property licensing, and government investigations, and government and private litigation. Gil writes and speaks regularly on antitrust issues in mergers and acquisitions, as well as IP licensing, standard-setting, antitrust issues in patent litigation, and other subjects at the intersection of antitrust and intellectual property law. He has participated in discussions of standards development organization IPR policies at leading SDOs such as ANSI, ETSI, IEEE-SA, and IETF.

From 1993 through 1996, Gil was a trial attorney with the Antitrust Division of the U.S. Department of Justice, where he participated in the Division's investigation of Microsoft's software licensing practices and its successful court challenge to Microsoft's proposed acquisition of Intuit.

Gil received his law degree from Columbia University, where he was articles editor of the Law Review, and his B.A. from Harvard College. He is admitted to the bars of California and the District of Columbia.


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


Jan McDavid is a partner in the Washington, D.C. office of Hogan Lovells, where she is co-chair of the antitrust practice.  She focuses on antitrust and trade regulation litigation and counseling, with a particular emphasis on government investigations, litigation, and legislation.  She has served as counsel in a number of significant antitrust matters, including for SAB Miller in its proposed transaction with ABInBev, Alstom is its transaction with GE, Verizon in its joint venture with Comcast and other cable TV companies, Verizon’s acquisition of Terremark, American Express in its acquisition of Revolution Money, Mandalay Resort Group in its merger with MGM Mirage, Mobil Corporation in its merger with Exxon, Carnival Corporation in its acquisition of P&O Princess, Ford in the formation of several joint ventures, American Express in the Justice Department's investigation and successful litigation against Visa and MasterCard, EMI in the Justice Department’s investigation of online music, and General Dynamics in its many defense industry transactions.

She is Co-Chair of the International Bar Association Antitrust Committee 2016-17.  She is a Past Chair of the Section of Antitrust Law of the American Bar Association.  She is a Non-Governmental Advisor to the International Competition Network.  She was a member of the Governing Committee of the ABA Forum on Franchising.  She is the author or co-author of many books and articles involving antitrust law, including the Antitrust Evidence Handbook, Mergers & Acquisitions and Antitrust & Trade Associations Practice Guide, all published by the ABA Antitrust Section, Antitrust Investigations: Successfully Managing Your Relationship with Agency Staff and Increasing Your Chances for Approval; New Merger Guidelines Emphasize Flexibility; Damages Cases in Europe, Dominant Firm Conduct, Merger Review Processes in the United States and the European Union: A Comparison, How to Avoid Negotiations on Second Requests, Antitrust Law: Intersection with IP, The Defense of Mergers in the Defense Industry, Antitrust Issues in Health Care Reform, and The 1992 Horizontal Merger Guidelines:  A Practitioner's View of Key Issues in Defending a Merger.  She is a frequent speaker on antitrust issues.

Ms. McDavid was an Advisor to the Transition Team for the Federal Trade Commission for the Obama Administration in 2008 and for the Bush Administration in 2001 and was a member of the Transition Team for the FTC for the Clinton Administration in 1992.  She also served as Co-Chair of the ABA Antitrust Section's Transition Task Force, which provided advice to the Obama Administration, and its Task Force on Competition Policy, which provided advice on antitrust issues to the Clinton Administration.  In 1993-94, she was a member of the Department of Defense Antitrust Task Force, which was appointed by the Secretary and the General Counsel of the Defense Department to advise on antitrust issues involved in defense industry mergers and joint ventures.  In 1996-97, she was a member of a Department of Defense Task Force to evaluate issues raised by Vertical Integration and Supplier Decisions among defense contractors.


Patricia Conners is Chief Associate Deputy Attorney General under Florida Attorney General Ashley Moody, overseeing the Antitrust, Consumer Protection, Lemon Law Arbitration, and Civil Rights Divisions as well as other units. She was the supervising attorney in the state's lawsuit against BP and others resulting 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.  Currently, she is the supervising attorney in the state’s opioids litigation.

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.


Renata B. Hesse is Deputy Assistant Attorney General for Criminal and Civil Operations at the U.S. Department of Justice's Antitrust Division. From November 16, 2012, until the confirmation of Assistant Attorney General Bill Baer, Ms. Hesse served as Acting Assistant Attorney General for the Antitrust Division. She rejoined the Antitrust Division in March of 2012, having previously been a Staff Attorney in the Merger Task Force and the Transportation, Energy & Agriculture Section and Chief of the Networks & Technology Enforcement Section. Ms. Hesse received the Attorney General's Distinguished Service Award in 2005.

Ms. Hesse most recently served as Senior Counsel to the Chairman for Transactions at the Federal Communications Commission, where she oversaw the Commission's investigation of AT&T's proposed acquisition of T-Mobile. Prior to joining the Commission, Ms. Hesse was a partner in the Washington, DC office of Wilson Sonsini Goodrich & Rosati from 2006 to 2011, where she served as antitrust regulatory and litigation counsel for a wide range of clients, including representation in civil merger and conduct investigations before the U.S. Department of Justice and the Federal Trade Commission, and in private litigation in the federal and state courts, with a particular focus on technology and communications issues.

Ms. Hesse has been recognized in Chambers USA: America's Leading Business Lawyers (2007-2011), The International Who's Who of Competition Lawyers & Economists (2009-2011), and was named a 2010 Washington, DC "Super Lawyer" by Law & Politics magazine.

Ms. Hesse received her Bachelor of Arts in Political Science from Wellesley College in 1986 and her Juris Doctor from the University of California, Berkeley in 1990.




Robby Robertson's practice focuses primarily on antitrust, consumer protection, and commercial litigation.

Robby is the former Chief Trial Counsel for the Bureau of Competition of the U.S. Federal Trade Commission. Recently, Robby was the lead counsel for LabCorp in FTC v. Laboratory Corporation of America, in which the U.S. District Court denied the FTC's motion for a preliminary injunction to bar LabCorp's integration of the assets of Westcliff Laboratories. The FTC withdrew its appeal. Recently, he was also lead trial counsel for defendants in United States v. H&R Block, et al., a merger case, in which the U.S. District Court granted an injunction, and he was also lead trial counsel for SunCor in Western Convenience Stores, Inc. et al., v. Suncor Energy (U.S.A.) Inc., in which the court denied a preliminary injunction.

Robby also was the lead trial counsel on several other competition matters before either the Commission or federal district courts. For example, Robby led the litigation team in FTC v. CCC Holdings, Inc., in which the U.S. District Court granted a preliminary injunction enjoining CCC's US$1.4 billion merger with Mitchell International Inc. The parties subsequently abandoned the merger. He was also was the lead trial counsel in the FTC's monopolization case against Intel Corporation, which was settled in August 2010, and the lead trial counsel in the Matter of Polypore International, a post-closing merger challenge. In Polypore, after a one-month trial, the judge and the Commission ordered a divestiture of the acquired company.

Robby was the FTC's lead trial counsel in the Matter of Chicago Bridge & Iron, N.V., the first post-closing merger challenge tried at the FTC in over a decade. Following a three-month trial, the judge ordered full divestiture of the acquired company. The Commission and the Fifth Circuit affirmed. He was also the FTC's lead trial counsel in the Matter of Union Oil Co. of California, a standard-setting case based on Unocal's alleged monopolization of the technology market for summertime, reformulated gasoline in California. After a nearly four-month trial, the case resulted in a Consent Order granting all the relief sought in the complaint. While at the FTC, Robby also participated in many other competition matters involving the cruise line, pharmaceutical, and computer industries. He is the recipient of the FTC's Award for Distinguished Service.

While a partner at another major law firm, Robby had dozens of antitrust or commercial trials before federal and state courts, administrative agencies, or arbitration panels in the automotive, high tech, healthcare, and energy industries. He also represented clients in numerous investigations before the FTC and the U.S. Department of Justice Antitrust Division.

Prior to attending law school, Robby served more than 10 years as an officer in the U.S. Marine Corps.


Saul Morgenstern is a senior antitrust and litigation partner at Arnold & Porter Kaye Scholer LLP, resident in the New York Office.  He regularly represents US and global companies across a broad spectrum of industries in complex antitrust and other commercial disputes, 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.  He 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.


Harvey heads up the legal department of this 80-year-old national distributor of headwear and bags for the sporting and promotional goods industry.  His practice focuses on antitrust and price discrimination issues as well as arbitration and litigation. He also covers matters arising in the trademark and copyright arena. Harvey also teaches a course in advertising law at UCLA Law School.

Harvey received a Bachelor of Arts degree in English Literature  from the University of California at Berkeley in 1965, and a Juris Doctor degree from Harvard  University School of Law in 1968. Prior to joining Sportsman in 2017, Harvey was a partner in various law firms in Los Angeles, including Munger Tolles & Olson, Irell & Manella, Fried Frank, Chadbourne & Parke, and Mintz Levin.

Harvey  speaks and writes frequently on trade regulation issues as well as legal ethics involving the State Bar of California, where Harvey was President, and the Federal Trade Commission, where Harvey served as a Regional Director and an Assistant to Federal Trade Commissioner Elman.


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

 


Jennifer B. Patterson is a partner in the New York, NY office of Arnold & Porter.  Her practice encompasses all aspects of antitrust law, including civil litigation, counseling, government investigations, and merger clearance.

Ms. Patterson has more than 20 years of experience representing major US and foreign corporations across a wide range of industries, including pharmaceuticals, rail freight transportation, auto parts, aircraft parts, biometric identification, poultry breeding, food additives, pesticides, publishing, optical film, and flat glass manufacturing.  She has defended numerous clients in private antitrust lawsuits and class actions, and in related government investigations and enforcement proceedings by the Department of Justice, State Attorneys General, and foreign competition agencies. She has advised companies on compliance policies and antitrust training programs, and has handled confidential internal investigations concerning potential antitrust violations. Ms. Patterson has also advised companies with respect to the antitrust implications of mergers, acquisitions, and other transactions, and has overseen compliance with worldwide pre-merger notification requirements.

Ms. Patterson graduated cum laude from the Georgetown University Law Center.  She also earned an M.S. degree from the Georgetown University School of Foreign Service, and a B.A. degree from Vanderbilt University, where she graduated magna cum laude.

Ms. Patterson speaks and writes in both Europe and the US on antitrust and cross-border litigation issues.

 


Nathan Eimer is a trial lawyer who has acted as trial counsel in numerous federal and state courts and arbitration settings. He specializes in complex commercial litigation with emphasis on antitrust litigation. He was named "Antitrust Lawyer of the Year" for 2011 and 2013 by U.S. News & World Report - Best Lawyers, and is one of three antitrust lawyers in Illinois to receive Chambers & Partners' 'tier one' rating. Mr. Eimer has played a principal role in dozens of grand jury investigations and criminal and civil antitrust cases, including several in which he has been national lead counsel for all defendants.

Mr. Eimer currently represents Land O'Lakes in two large MDLs involving alleged price fixing in the eggs and dairy industries, Gerdau Steel in connection with allegations that it participated in an industry-wide price fixing conspiracy in the steel industry, LG Electronics in an MDL related to alleged price fixing in the optical disc drive industry, International Paper in a national class action alleging price fixing in the container-board industry, and CITGO Petroleum Corporation in connection with the numerous civil actions claiming that an additive to gasoline is defective and contaminates ground water.

Mr. Eimer also represents clients in a broad variety of complex commercial matters. For example, he was lead United States counsel for Hollinger, Inc. in connection with criminal and civil proceedings related to massive securities fraud and other allegations related to the activities of Conrad Black, its former Chairman and President. He also successfully tried a criminal environmental case, United States vs. CITGO, brought against CITGO Petroleum Corporation in the United States District Court in the Southern District of Texas. Mr. Eimer has been lead counsel for a group of dairy cooperatives, led by Land O'Lakes Inc., in a complex series of adversary proceedings surrounding the bankruptcy of an oil refinery owned by cooperatives. Mr. Eimer was one of two lead counsel for the lending banks in connection with a massive bank fraud and surrounding adversary proceedings in the bankruptcy resulting from the detection of the fraud.

Since the founding of Eimer Stahl, Mr. Eimer has continued his practice for clients such as CITGO Petroleum Corporation, The Dow Chemical Company, Hollinger, Inc., Praxair, Inc., Land O' Lakes, Inc., LG Electronics, Inc., Ingredion lncorporated and Union Carbide Corporation.

Mr. Eimer left Sidley & Austin in 2000, where he was a member of the Executive Committee and its General Counsel.


Theodore L. Banks (Ted) is a partner in the firm of Scharf Banks Marmor LLC in Chicago, where his practice concentrates on 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, product distribution, internal investigations, and records management. Formerly, 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 is also an Adjunct Professor of Law at Loyola University (Chicago) School of Law, where he teaches corporate compliance.

Throughout his career, Ted directed many substantial corporate transactions and dozens of litigated cases, in antitrust and in other areas. He supervised the $19 billion acquisition of Nabisco by Kraft, and the $8.7 billion IPO of Kraft Foods Inc. He currently serves as a compliance monitor on behalf of the Federal Trade Commission and the Competition Bureau of Canada to ensure that respondent companies comply with orders issued by those agencies.

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 a frequent speaker at professional education programs, where he strives not to bore the attendees too much.


Yvonne Quinn is a member of the Firm’s Litigation Group and one of two partners in charge of coordinating the Firm’s Antitrust Group. Her practice focuses on antitrust litigation, merger analysis and review, and counseling work.

Ms. Quinn’s clients include leading commercial banks, equity funds, investment banks, insurance companies, cable television operators, television programming suppliers, newspapers, publishers, sports franchise owners, advertising sales and healthcare companies, pharmaceutical and chemical companies, and many others.

Ms. Quinn has been a co-chair of the Practising Law Institute’s Annual Antitrust Law Institute in New York since 2001 and has taught the mergers and acquisitions portion of the Institute since 1995. She is a member of the Executive Committee of the Antitrust Section of the New York State Bar Association and a vice chair of the Financial Services Committee of the Antitrust Section of the American Bar Association. From 1989 to 1992, she was the chair of the Antitrust and Trade Regulation Committee of the New York City Bar Association.

Ms. Quinn has been recognized as a leading antitrust practitioner in, among other guides to the legal profession:

Benchmark Litigation – National Practice Area Star: Antitrust (2019); Local Litigation Star (2008-2019); Litigation Star (2008-2018); and Top 250 Women in Litigation (2012-2018)
Chambers USA (2003-2018)
Chambers Global (2003, 2004-2005, 2011-2018)
The Legal 500 United States (2007, 2009, 2011-2018)
Law Business Research’s The International Who’s Who of Competition Lawyers and The International Who’s Who of Business Lawyers
Euromoney’s Guide to the World’s Leading Competition and Antitrust Lawyers (every year since 1998)
The Best Lawyers in America (2007-2018)
Lawdragon 3000: Leading Lawyers in America (2009-2010) and Lawdragon 500: Leading Lawyers in America (finalist)
New York Super Lawyers (2006-2017)