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Developments in Antitrust Law & Regulation 2019


Speaker(s): Craig G. Falls, Daniel G. Swanson, Harvey I. Saferstein, Harvey M. Applebaum, Jennifer B. Patterson, Julia Schiller, Laura S. Shores, Lisl J. Dunlop, Nana Wilberforce, Patricia A. Conners, Robert P. Taylor, Theodore L. Banks, William H. Efron, Yvonne S. Quinn
Recorded on: Apr. 10, 2019
PLI Program #: 249540

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.

 


Julia Schiller – Julia is Counsel to the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice.  Among other responsibilities, Julia has advised the Assistant Attorney General on a wide array of civil enforcement matters and policy issues.  Julia joined the Division from the Washington, D.C., office of an international law firm, where she practiced antitrust law for nearly 10 years, focusing on government merger and nonmerger investigations, civil litigation, and antitrust counseling. Prior to attending law school, Julia served as a Research Assistant at the White House’s Council of Economic Advisers. Julia is a graduate of New York University School of Law and holds an A.B. in economics from Princeton University.


Laura Shores is a trial lawyer with more than 25 years of experience in complex civil and criminal litigation, including in particular the representation of companies and individuals in antitrust matters.

Ms. Shores' antitrust litigation experience includes a variety of actions brought under Sections 1 and 2 of the Sherman Act and its state law counterparts, as well as Section 5 of the Federal Trade Commission Act. She has tried antitrust claims brought by federal regulators and plaintiffs in private treble-damages suits and represents clients in a variety of industries, with particular focus on the pharmaceutical industry. In a landmark case brought by the Federal Trade Commission against Schering-Plough Corporation challenging its settlement of patent litigation with manufacturers of generic drugs, Ms. Shores prevailed after a two-month administrative hearing. She routinely defends pharmaceutical clients in class actions and cases brought by state attorneys general.

Ms. Shores has also defended clients in other complex commercial litigation matters in federal and state courts, as well as in matters before US and international arbitration tribunals.

Ms. Shores' practice also focuses on white-collar defense and internal investigations. She has represented corporations and individuals in criminal investigations and prosecutions across a broad range of substantive areas, including antitrust, the Foreign Corrupt Practices Act, money laundering, securities fraud, and procurement fraud.


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.


 


Nana Wilberforce focuses her regulatory and government affairs practice on matters involving antitrust and competition. She joined the firm in 2014 after serving as an intern with the US Department of Justice, Consumer Protection Branch. Ms. Wilberforce has extensive experience navigating clients through the Antitrust Division’s Leniency Program in cartel enforcement matters and has worked to secure merger clearance for transactions across a range of industries, including healthcare, biotechnology and energy. Ms. Wilberforce’s practice includes a commitment to public service and pro bono contributions. She was selected as WilmerHale’s 2017 Pickering Fellow and spent six months working full time on voting rights, economic justice, and education matters at the NAACP Legal Defense and Educational Fund.

Ms. Wilberforce received a Bachelor of Arts degree in Human Biology from Stanford University in 2008, and completed a joint degree program at Columbia University in 2014, earning a Juris Doctorate from Columbia Law School and a Master’s in Public Health from the Mailman School of Public Health. Ms. Wilberforce is a member of the Antitrust, UCL and Privacy section of the California Lawyers Association and a member of the Antitrust section of the American Bar Association.


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.


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.


Craig Falls is an antitrust partner in the Washington, D.C. office of Dechert LLP.  In addition to working on merger clearances and defending clients in antitrust litigation, he regularly counsels, publishes, and speaks on topics concerning antitrust risks in vertical relationships with suppliers, customers, and distributors.


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.

 


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.


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.


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)