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Antitrust Counseling & Compliance 2017


Speaker(s): Alicia L. Downey, Andrew C. Finch, Gary P. Zanfagna, Lisa C. Wood, Lisl J. Dunlop, M. Howard Morse, Patricia A. Conners, Svetlana S. Gans, W. Stephen Smith
Recorded on: Nov. 1, 2017
PLI Program #: 185148

Lisa Wood has over 35 years of experience handling complex business litigation, principally in the areas of antitrust, securities, fraud, and accountants’ liability.  In recognition of her effectiveness as a litigator and antitrust counselor, Lisa has been selected for inclusion in The Best Lawyers in America and Chambers USA, which cited her as “one of the top litigators in Boston.”

Lisa advises numerous companies in securities and antitrust litigations, and in government investigations by the FTC, Antitrust Division, and SEC.  She also has represented many different accounting firms, including all of the ‘Big Four” and other national, regional and local firms, in securities and accounting malpractice claims, and in regulatory investigations by the SEC, IRS, PCAOB and other federal and state authorities.  She has an active antitrust counseling practice, including advice on joint ventures, mergers, standard setting, patent settlements, information sharing, benchmarking, IP licensing, distribution, pricing strategies and advertising.

Lisa plays a lead role in firm governance, co-chairing the Litigation Department, and serving on the Distribution and Billing Committees.  Lisa has been instrumental in developing alternative fee arrangements for clients, implementing sophisticated billing and case management systems for complex litigation matters and instilling a client service discipline on case teams.  According to Chambers, “her work and achievements have been incredible; she’s very efficient and client-focused.”

Lisa is active in the American Bar Association’s Sections on Antitrust and Litigation, and pens a regular column on practical litigation issues called Notes from the Field.

Education
• Boston College Law School, J.D., magna cum laude, Order of the Coif
• Kenyon College, A.B., summa cum laude, Phi Beta Kappa
 


Alicia Downey is a Boston-based antitrust lawyer who helps clients develop antitrust-compliant pricing and marketing strategies, minimum advertised price policies, joint ventures, and distribution relationships in diverse industries such as consumer goods, agriculture, medical devices, motor vehicles, and high technology. 
Alicia has been featured as a leading antitrust lawyer in Best Lawyers, Best Law Firms, and Top Women Attorneys in Massachusetts; Massachusetts Super Lawyers and in Chambers USA Guide to America’s Leading Lawyers for Business, which describes her as “an excellent solo practitioner” especially known for her experienced counseling and advice. 

In addition to serving in various leadership positions in the ABA Section of Antitrust Law and the ABA Business Law Section, Alicia is a contributing author to the treatise Antitrust Advisor (5th ed. Thomson Reuters 2017) and the first and second editions of Law and Economics of Product Distribution, published by the ABA Section of Antitrust Law.

Alicia received her J.D., magna cum laude, from Boston College Law School and holds undergraduate and graduate degrees from Harvard University. Prior to entering private practice, she was a law clerk to Justice Herbert P. Wilkins of the Massachusetts Supreme Judicial Court. 

 


Gary Zanfagna is Chief Antitrust Counsel and Associate General Counsel at Honeywell International Inc.  Responsible for all antitrust matters worldwide, Mr. Zanfagna advises Honeywell executives on antitrust aspects of all transactions, including acquisitions, divestitures and joint ventures.  He is responsible for all regulatory approvals in the US and international jurisdictions, including over fifty transactions.  Mr. Zanfagna manages and advises on antitrust litigation matters at Honeywell, including state and federal criminal antitrust investigations.  He counsels business executives and management worldwide on antitrust issues arising in business conduct.  He also manages antitrust compliance globally at Honeywell.  Before joining Honeywell, Mr. Zanfagna was Assistant Director for Policy Planning at the Federal Trade Commission in Washington, D.C.  Prior to joining the Commission, Mr. Zanfagna was an antitrust attorney with Jones Day in Washington, D.C.  Mr. Zanfagna received his J.D. from the University of Virginia and his B.A. from the College of William & Mary.  Mr. Zanfagna is active in the Antitrust Section of the ABA, currently serving as Vice Chair of the Section.  He is a frequent speaker on antitrust issues and the author of several articles on various antitrust topics.


Lisl J. Dunlop, Partner, Axinn: A partner in Axinn’s New York office, Lisl Dunlop has more than twenty-five years of experience in antitrust and competition issues, including counseling, litigation, and transactions.

Lisl guides clients through the antitrust-related aspects of mergers and acquisitions, joint ventures and other combinations, and sales and distribution matters. She also represents clients in antitrust agency investigations, and has represented major corporations in complex antitrust litigations.


 


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.


Steve Smith is a Co-Chair of Morrison & Foerster’s Global Antitrust Law Practice Group. He regularly represents parties before both the Antitrust Division of the Department of Justice and the Federal Trade Commission in merger and other antitrust investigations. Mr. Smith has secured antitrust clearances for more than 250 mergers and acquisitions.

Mr. Smith counsels clients on a wide range of antitrust issues in a variety of industries, including high-technology, consumer products, life sciences, financial services, and transportation. He represents parties in antitrust litigation at both the trial and the appellate levels, including Cargill, Inc. in Cargill, Inc. v. Monfort of Colorado, Inc., 479 U.S. 104 (1986).

Mr. Smith has represented clients before the United States Courts of Appeals and the Supreme Court of the United States on matters involving issues ranging from arbitration to federal regulation and constitutional law. Mr. Smith represented a group of United States District Court and Court of Appeals judges at trial, on appeal, and before the Supreme Court in a constitutional challenge arising under Article III, Section 1 of the Constitution, United States v. Hatter, 532 U.S. 557 (2001).

Mr. Smith serves on the Advisory Committee of The George Washington University Competition Law Center’s Corporate Antitrust Roundtable. He also serves on the Litigation Screening Committee for the American Civil Liberties Union of the Nation’s Capital and the Board of Directors of The Morrison & Foerster Foundation.

Prior to his career as a lawyer, Mr. Smith was an economist at the Federal Reserve Bank of Chicago.

Education

Northwestern University (B.A., 1978)

Northwestern University (M.B.A., 1979)

University of Chicago Law School (J.D., 1983)

Rankings

Mr. Smith is frequently recommended by legal publications such as Chambers USA, Global Competition Review’s International Who’s Who of Competition Lawyers & Economists, Legal 500 US and Euromoney’s Expert Guides. He has also been named to the BTI Client Service All-Star Team for law firms. According to Chambers USA, Mr. Smith has been referred to as one of “the single smartest lawyers in Washington,” “has a strong reputation in merger-related antitrust work” and has been praised for his “ability to coalesce the issue into actionable, practical advice.” He is noted by Legal 500 as “always available to provide quick advice.”


Svetlana S. Gans is the Chief of Staff to Acting Chairman Ohlhausen.  She creates, executes, and oversees strategic initiatives to advance the Chairman’s priorities to promote the agency’s consumer protection and competition mission.  She serves as the Chairman’s liaison to other federal and state agencies, members of Congress and Congressional committees, and other stakeholders on matters within the Commission’s jurisdiction.  She also advises the Chairman on agency operational matters, a wide array of policy issues in the competition and consumer protection space, and Bureau investigations and litigation.

Previously, Ms. Gans served as a litigation attorney within the Bureau of Competition in the Mergers IV division, handling proposed mergers and acquisitions in the hospital and casino industries, among others, and the Bureau of Consumer Protection, in the Marketing Practices division, handling deceptive marketing and advertising cases.  She also served as the FTC’s federal warranty coordinator responsible for investigations, enforcement, and interactions with industry groups and Congress.  Ms. Gans came to the agency from private practice, after serving as an Honors Paralegal in the Department of Justice’s Antitrust Division.

She has served in the Antitrust Section’s leadership since 2005 in a variety of roles including Committee Operations, Content Delivery, and Long-Range Planning.  She currently serves as a Co-Chair of 2017 Antitrust Fall Forum and Co-Chair of the Consumer Protection Committee.  She also serves on the Executive Committee of the Federalist Society’s Corporations, Securities, & Antitrust Practice Group.


 Howard Morse is a Washington-DC based partner in Cooley LLP’s antitrust practice group. He represents businesses before the Department of Justice, Federal Trade Commission, and State Attorneys General in investigations involving mergers and acquisitions as well as alleged monopolization and restraint of trade cases. He also counsels on antitrust issues to help clients achieve their business goals without violating antitrust law and represents clients in antitrust litigation.

Howard regularly helps businesses navigate mergers and acquisitions through the HSR regulatory review process, particularly in the pharmaceutical, biotech and medical device, computer hardware and software, and other high-tech industries.

He has recently represented Meredith Corporation in its $2.8 billion acquisition of Time Inc., combining the companies’ magazine portfolios; Abaxis Inc. in its $2 billion sale to Zoetis Inc., combining their animal health businesses; Zeltiq Aesthetics in its $2.4 billion sale to Allergan plc., combining Zeltiq’s flagship CoolSculpting body contouring system with Allergan’s global aesthetics business; and Rovi in its $1.1 billion acquisition of Tivo, combining two media and entertainment technology innovators.

Howard served for ten years at the FTC where he was Assistant Director of the Bureau of Competition and Deputy Assistant Director for Policy. He was responsible for more than 75 enforcement actions while at the FTC and received the FTC’s Award for Superior Service for “furthering the Commission’s Merger Enforcement Program” and for “advancing the antitrust mission of the Federal Trade Commission in innovation markets and high technology industries.”

Howard has been active in the ABA Antitrust Section, serving on the Section’s Council as well as chairing its Federal Civil Enforcement, Computer Industry, Intellectual Property, and Exemptions and Immunities committees, and serving as editor of the Annual Antitrust Law Developments book.

Howard has been recognized as a leading antitrust lawyer by Best Lawyers in America, Chambers, Expert Guides to the World’s Leading Competition Lawyers, Super Lawyers, Who’s Who Legal: Competition, and Who’s Who Legal: Life Sciences, and has been recognized as a Client Service All-Star by BTI.

Chambers has described Howard as "both knowledgeable and practical," "a well-respected antitrust counselor, particularly experienced in advising hi-tech companies on the intersection between antitrust and IP law" and “well regarded for his work on both the transactional and litigation side of antitrust matters.”

Howard is a graduate of Dartmouth College and Harvard Law School. When not helping clients, Howard can be found sailing, scuba diving, skiing, or traveling with his family.