Skip to main content

Antitrust Counseling & Compliance 2014


Speaker(s): Alicia L. Downey, Deborah L. Feinstein, Eric J. Stock, Jeffrey Martino, Lisa C. Wood, Lisl J. Dunlop, M. Howard Morse, Mark D. Whitener, W. Stephen Smith
Recorded on: Oct. 31, 2014
PLI Program #: 47752

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
 


Debbie Feinstein heads the firm's Global Antitrust group, and brings a wealth of experience to her practice in advising clients on a range of antitrust challenges before US antitrust authorities. She recently re-joined the firm from the US Federal Trade Commission (FTC), where she was Director of the Bureau of Competition. In that capacity, she was responsible for supervising the investigation and enforcement of the US antitrust laws against anticompetitive mergers and conduct. During her tenure from 2013 to 2017, the FTC had substantial litigation success and a number of major merger wins, including challenges to Sysco Corp.'s acquisition of rival US Foods Inc., and Staples Inc.'s merger with Office Depot Inc. She had previously served at the FTC from 1989 to 1991 as Assistant to the Director of the Bureau of Competition and Attorney Advisor.

Throughout her career, Ms. Feinstein has focused on merger and acquisition reviews by antitrust enforcement agencies in the United States and globally, as well as civil investigations and litigation. Her industry experience is broad, and includes retail, food, consumer products, healthcare, chemicals, and automotive parts, among others. She was an associate at Arnold & Porter from 1987 to 1989 and from 1991 to 1995. Later, as a partner, she led the firm's US Antitrust group from 2010 to 2013.

Ms. Feinstein has been consistently lauded as a leading practitioner by Chambers USA and other ranking publications. The National Law Journal named her one of the most influential women lawyers in America and Global Competition Review recognized her as global "Lawyer of the Year" and named her to its international list of the "Top 100 Women in Antitrust." She has also been ranked by Super Lawyers as being among the top 50 women lawyers in Washington, DC.


Law School:  Harvard Law School  

Work History:  Davis Polk (2000-2003); Hogan Lovells (Partner) (2003-2013); NY AG (2013-present) 

Professional Memberships: 

Outgoing Chair, Antitrust Section, New York State Bar Association

Co-Chair, Financial Services Committee, Antitrust Section of ABA

Summary:

Eric J. Stock has served as Chief of the Antitrust Bureau of the New York Attorney General’s Office since June 2013.  In this role, Mr. Stock is responsible for enforcing New York State laws prohibiting anticompetitive business practices, and representing the interests of New York and New York consumers in national antitrust matters.   Under Mr. Stock’s leadership, the New York Attorney General’s office has taken action in several high profile matters, including important matters in the hospital, pharmaceutical, high technology, and electronic books industries.   The New York Attorney General’s office investigates potential antitrust violations on a standalone basis, as well as together with the U.S. Department of Justice or Federal Trade Commission.  Prior to joining the Attorney General's office, Mr. Stock was a partner at the international law firm of Hogan Lovells, where he focused on antitrust litigation and matters at the intersection of the antitrust and intellectual property laws.

Mr. Stock is also the outgoing Chair of the Antitrust Section of the New York State Bar Association, and the Co-Chair of the Insurance and Financial Services Committee of the ABA Antitrust Section.   Eric received his B.A. from the University of Pennsylvania, summa cum laude, and his J.D. from Harvard Law School, magna cum laude. He served as law clerk for the late Honorable Allen G. Schwartz, U.S. District Judge, Southern District of New York.


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.


 


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.”


 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.


Mark Whitener is Senior Counsel, Competition Law & Policy for General Electric Company, based in Washington, D.C.  Prior to joining GE, Mark was Deputy Director of the Federal Trade Commission’s Bureau of Competition, where he was responsible for a variety of antitrust enforcement and policy initiatives and helped develop federal antitrust guidelines for mergers, intellectual property, heath care and international enforcement.  A graduate of the University of Chicago Law School and Washington University, Mark spent several years in private practice in Washington and London prior to joining the FTC.  He has written and spoken on a range of antitrust issues, including testimony before Congress and presentations to the Antitrust Modernization Commission, the OECD, and other U.S. and international organizations.  Mark has held several leadership positions in the American Bar Association’s Section of Antitrust Law, including serving as a member of the Section’s governing Council, International Task Force, and as Editorial Chair of Antitrust Magazine.  He is married and has three children.


In January 2014, Jeff Martino became Chief of the New York Office. He rejoins the Division after serving for three years in the U.S. Attorney’s Office, District of Arizona. While there, Martino served first as an Assistant U.S. Attorney, during which time he conducted eight jury trials and numerous pretrial hearings in complex matters. He then was appointed Chief of the office’s Financial Crime and Public Integrity Section, where he supervised the investigation and/or prosecution of more than 200 individuals and corporations. Martino started his career in the Antitrust Division’s New York Office in 2002 where he helped prosecute more than 50 individual and corporate defendants, including in U.S. v. Yaron et al.; U.S. v. McDonald et al.; and U.S. v. General Linen et al. In 2011, Martino received an Assistant Attorney General Award.