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Antitrust Counseling & Compliance 2015


Speaker(s): Alicia L. Downey, Celia Goldwag Barenholtz, Deborah L. Feinstein, Eric J. Stock, Lisl J. Dunlop, M. Howard Morse, Mark D. Whitener, Sonia K. Pfaffenroth, W. Stephen Smith
Recorded on: Nov. 2, 2015
PLI Program #: 59352

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. 

 


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.


 


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.


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.


Celia Goldwag Barenholtz is a partner in the Litigation Department of Cooley LLP where she handles a wide range of complex commercial cases.  She received her B.A. from Grinnell College, and her J.D. from Columbia University School of Law.  She clerked for the Hon. Eugene H. Nickerson in the Eastern District of New York, and was an Assistant United States Attorney in the Criminal Division of the Southern District of New York.  After leaving the U.S. Attorney’s office, she joined Kronish Lieb Weiner & Hellman, which merged into Cooley in 2006.

Ms. Barenholtz’s practice includes the representation of law firms and lawyers in cases alleging malpractice, breach of fiduciary duty and fraud.  She has long been active in the area of legal ethics and professional responsibility.  She has been a member of the Committee on Grievances Panel of Attorneys for both the Southern and Eastern Districts of New York, and has served on a number of bar association ethics committees.  Ms. Barenholtz is an Adjunct Professor at Columbia University School of Law, where she teaches a seminar on the legal and ethical obligations of lawyers in complex litigations.

Ms. Barenholtz is a Fellow of the American College of Trial Lawyers, and has been listed among the industry's leading practitioners in the legal guides Chambers USA – America's Leading Lawyers for Business, The Best Lawyers in America, Legal 500, Benchmark Litigation Legal Guide and SuperLawyers, which has named her one of the Top 50 Women Lawyers in New York.


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.