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Antitrust Counseling & Compliance 2018


Speaker(s): Alicia L. Downey, Elinor R. Hoffmann, Joseph Muoio, Lisa C. Wood, Lisl J. Dunlop, M. Howard Morse, Paul H. Saint-Antoine, William H. Efron
Recorded on: Oct. 31, 2018
PLI Program #: 219022

Alicia Downey is a Boston-based 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 is featured as a leading antitrust lawyer in Chambers USA Guide to America’s Leading Lawyers for Business, which notes that she is described by market sources as “outstanding,” as well as “excellent at civil litigation and compliance.”
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 (Thomson Reuters) 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. 

RECENT PRESENTATIONS AND PUBLICATIONS
• The Robinson-Patman Act and E-Commerce: Making Sense of an Old Law in the Internet Age, ABA Section of Antitrust Law Teleprogram (Apr. 18, 2019)
• Social Media for Antitrust Lawyers, podcast hosted by Legal Talk Network at the ABA Section of Antitrust Law Spring Meeting (Mar. 28, 2019)
• Antitrust Counseling and Compliance 2018, Practising Law Institute, New York, N.Y. (Oct. 31, 2018)
• Annual Antitrust Update for Business Lawyers, ABA Business Law Section Annual Meeting, Chicago, Ill. (Sept. 13, 2018)
• Antitrust Aftermarkets, ABA Section of Antitrust Law (Mar. 14, 2018)
• Antitrust Counseling and Compliance 2017, Practising Law Institute, New York, N.Y. (Nov. 1, 2017)
• Annual Antitrust Update for Business Lawyers, ABA Business Law Section Annual Meeting, Chicago, IL (Sept. 14, 2017)
• Robinson-Patman Act: Revival of an Endangered Species?, ABA Section of Antitrust Law Spring Meeting, Washington, D.C. (Mar. 29, 2017)
• Antitrust Counseling and Compliance 2016, Practising Law Institute, New York, N.Y. 
(Sept. 28, 2016)
• Annual Antitrust Update for Business Lawyers, ABA Business Law Section Annual Meeting, Boston, MA (Sept. 8, 2016)
• Counseling the Confused Client: Common Misperceptions About the Do’s and Don’ts of Distribution, ABA Section of Antitrust Law, Distribution & Franchising Committee teleprogram (June 27, 2016)
 


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
 


Joseph Muoio is an Assistant Chief in the New York Office of the Antitrust Division. He has spent more than 25 years with the Antitrust Division including over 15 years as Assistant Chief of the Philadelphia Office. He also has been detailed twice to the U.S. Attorney's Office for the District of New Jersey as a Special Assistant U.S. Attorney and detailed once to the CFTC's office in New York.  Joe began his career as an associate with Baker & Hostetler in Washington, D.C. after receiving his J.D. from the University of Pennsylvania Law School.


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.


 


 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.


Elinor R. Hoffmann is Deputy Chief of the New York Attorney General’s Antitrust Bureau and Special Counsel to the Economic Justice Division.  She focuses on antitrust issues arising under state and federal laws in diverse markets, including health care, pharmaceuticals and financial services.  She is also an Adjunct Professor of Law at Brooklyn Law School where she teaches courses in Antitrust and Antitrust Issues in Health Care, and serves on the Advisory Board of the Health Law Fellowship program. Prior to joining the Office of the Attorney General, she was a partner in the firm of Coudert Brothers LLP for 16 years.


Paul is a partner at Drinker Biddle & Reath LLP and co-head of the firm’s Antitrust Group. His practice includes both antitrust litigation and counseling, with an emphasis on antitrust disputes involving pharmaceuticals and hi-tech industries.

Since 2002, Paul has been active in the leadership of the ABA’s Antitrust Section, including as co-chair of the Intellectual Property Committee and currently as vice chair of the Pricing Conduct Committee. He has written and spoken on a variety of antitrust topics and served as the editor-in-chief of “Federal Antitrust Guidelines for the Licensing of Intellectual Property” (Second Edition).

Paul graduated from the Columbia Law School (J.D., 1989, Harlan Fiske Stone Scholar) and Kenyon College (A.B., 1986, summa cum laude). Chambers USA has identified Paul since 2003 has one of the leading antitrust lawyers in Pennsylvania.


William H. Efron is the Director of the Federal Trade Commission's Northeast Regional Office. He previously served as Acting Regional Director from March 2012 to June 2012. Prior to joining the FTC in 2009, Mr. Efron was an associate at Simpson Thacher & Bartlett LLP.  He received his J.D. from the University of Virginia School of Law and his B.A. from the University of Pennsylvania.