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Antitrust Institute 2015: Developments & Hot Topics


Speaker(s): Adam C. Hemlock, Daniel G. Swanson, Eugene A. Spector, Harvey M. Applebaum, Holly A. House, Jennifer B. Patterson, Kellie Lerner, Michael Lawrence, Molly S. Boast, Patricia A. Conners, Rachel C. Brandenburger, Robert P. Taylor, Saul P. Morgenstern, Sonia K. Pfaffenroth, Theodore L. Banks, William H. Efron, Yvonne S. Quinn
Recorded on: May. 7, 2015
PLI Program #: 59239

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


Adam Hemlock is a partner in Weil’s Antitrust Practice Group and a member of the Firm’s Management Committee. He regularly represents clients in civil and criminal antitrust investigations and litigations, as well as commercial litigations and disputes. Adam is currently recognized in a variety of legal and business publications for his work in civil and criminal antitrust matters, including as a leading lawyer in New York by Chambers USA, as a recommended lawyer nationwide by Legal 500, and as a “Future Star” in New York by Benchmark Litigation.

Adam regularly represents clients in criminal antitrust investigations by the Department of Justice, and has served as lead coordinating counsel for clients under investigation in multiple jurisdictions, including the European Union, Japan, Canada, Mexico, Korea, Taiwan, Singapore and Brazil. Adam routinely defends clients in cartel class action lawsuits across the United States. In addition to cartel litigation, Adam has litigated a variety of private antitrust litigation cases, including disputes regarding exclusivity, bundling/tying, and joint ventures. Adam has substantial experience in the antitrust/intellectual property area, where he has litigated cases and counseled clients on the antitrust legality of patent pools, standard setting bodies, and technology transactions among competitors. He also represents clients in merger counseling and notifications under the Hart-Scott-Rodino (HSR) Act. In addition to his work in the antitrust area, Adam has represented clients in various commercial dispute matters, including complex commercial litigation and alternative dispute resolution procedures. He has particular experience representing foreign clients in U.S. legal proceedings.

Adam has worked on behalf of many major domestic and foreign clients, including Panasonic, Victor Company of Japan (JVC), Bridgestone, Taiyo Yuden, Sumitomo Heavy Industries, Calsonic Kansei, Copyright Clearance Center, Toray Industries, Kyowa Hakko Kogyo, Polyplastics, Vantec, American Airlines, Telecom Italia, Medpointe, Houghton Mifflin Riverdeep, Global Foundries, Mitsubishi Heavy Industries, Taiwan Semiconductor (TSMC), Texas Instruments, Perricone, Reuters, Denak, Iridian, DirecTV, Hughes Aircraft, Sumitomo Chemical, Sony Pictures Entertainment, and others.

Adam is currently the Vice-Chair of the Cartel and Criminal Practice Committee of the ABA Antitrust Section, and previously served as Vice-Chair of the Intellectual Property Committee. He is a member of the executive committee of the New York State Bar Association Antitrust Section. He is a member of the Board of Directors of Practicing Attorneys for Law Students Program, Inc., a member of the New York City Bar Association Committee on Minorities in the Profession, and a leader of Latinos@Weil, the Firm’s Hispanic affinity group. He heads the Firm’s Asylum Practice Team and routinely represents asylum applicants in administrative proceedings before the Department of Homeland Security and in federal courts.

Adam is an adjunct professor at Columbia Law School, where he teaches a class on international cartels. He has lectured at Fordham Law School, Benjamin N. Cardozo School of Law, Practicing Law Institute, the Japan Business Federation (Keidanren) and other venues. Adam previously served as a legal intern at the Federal Trade Commission, where he worked on several antitrust and consumer protection investigations. Adam also worked for Panasonic Corporation in Japan as legal counsel for two years, where he advised the company on a variety of dispute, regulatory, and transactional matters. He is a contributing author to Antitrust Adviser and the ABA’s Antitrust Law Developments, and has appeared on Japanese national television on the subject of e-discovery and litigation practice.

Key Representations

  • Represented Bridgestone in a criminal antitrust investigation and follow-on class action litigation.
  • Representing Calsonic Kansei, a major Japanese auto parts manufacturer, in a civil class action litigation alleging price fixing with respect to automobile radiators.
  • Represented Panasonic Corporation in $9 billion acquisition of Sanyo Electric Co., Ltd.
  • Representing Taiyo Yuden, a manufacturer of capacitors, in class action litigation alleging price fixing.
  • Representing Ericsson in class action alleging antitrust claims related to SMS texting services.
  • Representing a major provider of medical equipment rental services on antitrust issues related to exclusivity, bundling and tying.
  • Represented Polyplastics, a major Asian manufacturer of engineering plastic, in a major litigation involving claims of contract breach, unfair competition, and misappropriation of trade secrets.
  • Representing Copyright Clearance Center, the top licensor of copyrights for academic and other journals and periodicals, on antitrust issues.
  • Represented Telecom Italia in antitrust litigation relating to standard setting for wireless telephony.
  • Represented MedPointe Pharmaceuticals, a major manufacturer of cold/cough medicine, in antitrust litigation involving claims of illegal exclusive agreements – prevailed on summary judgment.
  • Representing a major provider of credit ratings and benchmark data in connection with government antitrust investigation.
  • Representing a major manufacturer of semiconductors with respect to antitrust issues in licensing, joint ventures and collaborations.
  • Advising a major beer brewery on antitrust issues relating to procurement of raw materials.
  • Advising the American Association of Publishers on antitrust issues related to trade association and other activities.
  • Represented a manufacturer of nuclear power plants in formation of joint venture.
  • Representing a consortium of major consumer electronics companies on antitrust, IP and other issues in connection with establishment of standard setting body.
  • Advising a licensor of drug technology related to HIV treatment on antitrust issues.
  • Advising top consumer electronics companies on antitrust issues related to DVD and Blu-Ray licensing.
  • Advising a top investment management firm on antitrust and other issues.


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.

 


Eugene Spector, founding partner of Spector Roseman Kodroff & Willis, P.C., is nationally recognized for his work on behalf of class action plaintiffs.

He has handled many high profile cases, including such antitrust class actions as In re Linerboard Antitrust Litigation, MDL No. 1261 (E.D. Pa.), in which he was co-lead counsel and which settled for more than $200 million, the largest antitrust case settlement ever in the Eastern District of Pennsylvania, where Judge Dubois stated: "The Court has repeatedly stated that the lawyering in this case at every stage was superb ..." 2004 WL 1221350, *6 (E.D. Pa. June 2, 2004). Mr. Spector was also co-lead counsel in In re Relafen Antitrust Litigation, No. 01-12239 (D. Mass.), in which a settlement of $75 million was obtained for the class, which Judge Young described as "the result of a great deal of very fine lawyering." Mr. Spector has been involved in securities class action litigation including Rosenthal v. Dean Witter, which resulted in a landmark decision by the Colorado Supreme Court that recognized, for the first time, that securities fraud could be proved without reliance being alleged. This precedent-setting case was important because under state securities law the reliance element sometimes proved difficult, especially when large numbers of people were involved in a class action suit. Mr. Spector is currently serving as co-lead counsel in such antitrust cases as McDonough v. Babies 'R Us, et al (In re Baby Products Antitrust Litigation); In re Automotive Parts Antitrust Litigation; and In re Domestic Drywall Antitrust Litigation.

Before founding Spector Roseman Kodroff & Willis, Mr. Spector was a litigator with Schnader, Harrison, Segal & Lewis. His additional experience includes establishing and heading the securities litigation section of the Philadelphia-based Gross & Sklar, P.C., and serving as a law clerk to Pennsylvania Supreme Court Justices Herbert B. Cohen and Alexander F. Barbieri.

Mr. Spector is a member of the American, Federal, and Philadelphia bar associations, as well as the ABA's Antitrust and Litigation Sections and the Securities Law Sub-Committee of the Litigation Section. He is also a member of the Federal Courts Committee of the Philadelphia Bar Association, the American Association for Justice, and the American Judicature Society. Mr. Spector has also been appointed to membership on the Advisory Board of the American Antitrust Institute and to the Board of Visitors of the Temple University Beasley School of Law.

He earned his undergraduate degree (1965) from Temple University, and his law degree (with honors,1970) from Temple University School of Law, where he served as an editor of The Temple Law Quarterly.

Litigation Percentage:

100% of Practice Devoted to Litigation

Bar Admissions:

Pennsylvania, 1971
U.S. Court of Appeals 3d Circuit, 1973
U.S. Court of Appeals 9th Circuit, 1976
U.S. Court of Appeals 5th Circuit, 1992
U.S. Court of Appeals 1st Circuit, 1994
U.S. Court of Appeals 10th Circuit, 1995
U.S. Court of Appeals 6th Circuit, 2005
U.S. Court of Appeals 11th Circuit, 2008
U.S. District Court Eastern District of Pennsylvania, 1980
U.S. District Court Eastern District of Michigan, 1988
U.S. Supreme Court, 1980

Published Works:

Philadelphia Taxation: The Amenability of Partnerships and Other Unincorporated Associations to Tax 42 Temple L.Q. 165, 1969

Professional Associations and Memberships:

Philadelphia Bar Association, 1972 - Present
 Federal Courts Committee
American Bar Association, 1972 - Present
 Member, Litigation Section
American Bar Association, 1972 - Present
 Member, Antitrust Section
American Bar Association, Litigation Section
 Securities Law Sub-committee


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


Kellie Lerner has over a decade of experience litigating high stakes antitrust disputes on behalf of both plaintiffs and defendants in federal courts throughout the country. She has worked on a number of groundbreaking antitrust cases, including serving as a member of the trial team in In re Abbott Labs Norvir Antitrust Litig. Ms. Lerner currently serves as Co-Lead Counsel in In re Merck Mumps Vaccine Antitrust Class Action and represents the Circuit City Liquidating Trust in In re Capacitors Antitrust Litigation. She also recently represented a publicly traded corporation in Insulate SB Inc. v. Abrasive Products & Equipment et al., where she successfully obtained a complete dismissal of a federal and multi-state antitrust class action filed against her client, which was affirmed by the United States Court of Appeals in the Eighth Circuit. She also counsels generic pharmaceutical, alternative energy and entertainment companies on competition issues.

Ms. Lerner was recently selected by The National Law Journal as an Antitrust and M&A Trailblazer (2016). In recent years, she was also selected by The New York Law Journal as one of 44 competition lawyers under 40 “who have made their mark on the New York legal community” and by Law360 in its “Rising Star” list of five competition lawyers under the age of 40 to watch.  The Legal 500 USA recommended her for the last two consecutive years, praising her “superior intellect, determination and political savvy in getting the job done.”  A frequent author and lecturer, Ms. Lerner is a recognized voice on all issues of antitrust law and her opinions have been quoted in The Washington Post, Bloomberg Businessweek, Yahoo News, and CBS MoneyWatch, among other publications.

Ms. Lerner is also Vice Chair of the American Bar Association Section of Antitrust Law’s Joint Conduct Committee and an Associate Editor of Antitrust magazine.  Ms. Lerner co-founded Roseann’s Gift, an organization named for her late mother and dedicated to raising research funding to cure lung cancer.  The organization is currently funding lung cancer research at Weill Medical College of Cornell University.  She is a member of the Tri-State Area Advisory Board of Jumpstart, which works to provide equal access to literacy education for preschool children in low-income communities.  She is also a member of the Board of Directors for the Jewish Community Project Downtown, an organization that was formed in the wake of the September 11th attacks to revitalize the Jewish community in lower Manhattan.  She currently provides pro bono assistance to KIND (Kids In Need of Defense) and has previously provided assistance to AARP and the Lawyers Committee for Civil Rights Under the Law.


Michael Lawrence is an antitrust lawyer with extensive in-house experience at high-tech companies. He has regularly focused on the intersection of intellectual property and antitrust law. Mr. Lawrence is Senior  Competition Counsel at Google Inc. From 2005 to 2011, he was a competition attorney at Intel Corporation. Before that, he spent most of his legal career at Latham & Watkins where he specialized in intellectual property, antitrust and commercial litigation. Outside of his professional work, Mr. Lawrence taught Intellectual Property as an adjunct professor at Loyola Law School from 2003 to 2005. He also served as Editor-in-Chief of Antitrust and Intellectual Property, a publication of the ABA Section of Antitrust Law, from 2005 to 2007.

Education

J.D., cum laude, Georgetown University Law Center

B.A., summa cum laude, University of California, Los Angeles

University of Sussex, Brighton, England


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.


RACHEL C. BRANDENBURGER
Senior Advisor, New York

Rachel Brandenburger is a Senior Advisor in Hogan Lovells' Antitrust, Competition and Economic Regulation practice. She is recognized as a leading international antitrust and competition law and policy advisor. Rachel is a foreign legal consultant in New York and a qualified solicitor in England and Wales.

Rachel focuses on proceedings before European and other international antitrust agencies. She has appeared before antitrust, competition, and regulatory agencies around the world in matters involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels.

From 2010 to 2013, Rachel was Special Advisor, International to the Antitrust Division of the U.S. Department of Justice (DOJ). She advised on many Antitrust Division matters that involved extensive cooperation efforts between the Antitrust Division and its international counterparts, including the Deutsche Boerse/NYSE transaction, the merger between United Technologies Corporation and Goodrich Corporation, the eBooks investigation, revised best practices regarding cooperation in merger investigations with the European Commission, and memoranda of understanding with the Chinese and Indian antitrust agencies.

Rachel was also a partner at a leading international firm where she lead many cases involving investigations into mergers, anti-competitive practices, monopolization or dominant positions, and cartels before the European Commission, the UK competition and regulatory agencies, and other antitrust, competition and regulatory agencies around the world.

Rachel is a frequent speaker on international antitrust and competition law and policy issues, and the author or co-author of many papers and publications on these issues. She is also a member of the editorial boards of Competition Policy International's Antitrust Chronicle and the International Bar Association's Competition Law International. Currently, she serves as Non-Governmental Advisor to the International Competition Network.

She is listed as a leading international antitrust and competition law and policy advisor in many guides and directories and named as one of the top 20 such advisors globally.

HOGAN LOVELLS PUBLICATIONS

"Streamlining the Chinese merger control process - further implementing rules issued." Hogan Lovells (21 April 2014)

PRACTICES

Government Regulatory
Antitrust, Competition and Economic Regulation

EDUCATION

B.A., with honors, University of Oxford, St Hilda's College, 1976

AWARDS / RANKINGS

U.S. Department of Justice's Antitrust Division Award of Distinction, 2011

MEMBERSHIPS

  • Non-Governmental Advisor, International Competition Network
  • Member, U.K. Department of Trade and Industry's Panel of Experts on the Modernization of EU Law
  • Member, American Bar Association (ABA), 1996-Present; Member, ABA Section of Antitrust Law's International Task Force, 2005-2009, 2012-Present; non-U.S. Representative on the Council of the Section of Antitrust Law, 2010-2013; Member, Section's Long Range Planning Committee, 2009-2010; Member, Presidential Transition Report Task Force, 2008-2009
  • Member, International Bar Association, 1996-Present; Member, Extraterritorial Jurisdiction Task Force, 2007-2008
  • Member, Competition Group of The Law Society of England and Wales, 1988 - Present; Chair, 2000-2001

BAR ADMISSIONS / QUALIFICATIONS

England and Wales


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.


Sonia Kuester Pfaffenroth rejoined Arnold & Porter in 2017 from the Antitrust Division of the US Department of Justice (DOJ) where she served most recently as Deputy Assistant Attorney General for Civil and Criminal Operations. In that role, Ms. Pfaffenroth was responsible for supervising both civil and criminal antitrust enforcement efforts, as well as the Division's work with antitrust and competition law enforcement agencies worldwide.

While at the DOJ, Ms. Pfaffenroth oversaw a number of the Division's most significant matters, including the Division's challenges to the Anthem/Cigna and Aetna/Humana mergers and the American Express litigation. In addition to her responsibilities with respect to the Division's international program, she also supervised a broad range of legal policy initiatives and competition advocacy efforts. She previously served as Deputy Assistant Attorney General for Civil Enforcement at the Antitrust Division and Chief of Staff and Senior Counsel to former Assistant Attorney General for Antitrust Bill Baer.

Before leaving to join the DOJ in 2013, Ms. Pfaffenroth was a partner at the firm, where she represented companies in a range of industries in international cartel investigations, merger and acquisition reviews and civil antitrust litigation, as well as providing day-to-day antitrust counseling.

Ms. Pfaffenroth originally joined Arnold & Porter in 2005 after clerking for Judge Paul Friedman of the US District Court for the District of Columbia.


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)