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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 antitrust lawyer with extensive experience helping clients develop antitrust-compliant pricing and marketing strategies, minimum advertised price policies, joint ventures, and distribution relationships in diverse industries such as consumer goods, medical devices, motor vehicles, and high technology.

Alicia has been featured as a leading antitrust lawyer in the U.S. News Media Group’s Best Lawyers (2009-2017), Top Women Attorneys in Massachusetts (2014-2016); Massachusetts Super Lawyers (2004-2016) and Chambers USA Guide to America’s Leading Lawyers for Business (2005-2013).

Alicia frequently speaks in CLE seminars and conferences on antitrust and distribution-related topics. In the ABA Business Law Section, she is the immediate past chair of the Antitrust Law Committee and Section Liaison to the Section of Antitrust Law. In the ABA Section of Antitrust Law, she currently chairs the Distribution and Franchising Committee and has served as chair of the Pricing Conduct Committee and a member of the Council.

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 PUBLICATIONS and speaking engagements

  • 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)
  • Co-author, with Christopher MacAvoy, Chapter 5, “Price Discrimination,” in Scher & Martin, Antitrust Adviser (Thomson Reuters, 5th ed. 2015)
  • Antitrust Counseling and Compliance 2015, Practising Law Institute, New York, N.Y. (Nov. 2, 2015)
  • Institutional Investors + Antitrust = ??, ABA Business Law Section Spring Meeting, San Francisco, CA (Apr. 17, 2015)
  • Managing and Mitigating Antitrust Risk in Transactions, ABA-CLE Webinar (Feb. 26, 2015)
  • The Revised Fred Meyer Guides: What Changed? What Didn’t?, ABA Section of Antitrust Law, Distribution & Franchising Committee teleprogram (Oct. 16, 2014)
  • Arm Yourself with the Necessary Tools to Avoid Antitrust Pitfalls in Merger and Non-Merger Agreements, ABA Business Law Section Spring Meeting, Los Angeles, CA (April 10, 2014)


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.


Lisa Wood has over 32 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 federal 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, standard setting, patent settlements, information sharing, distribution, pricing strategies and mergers.  She is currently working on the many interesting antitrust issues arising out of consolidation of payers and providers in health care markets.

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


Lisl Dunlop is a partner in the Litigation Division of Manatt, Phelps & Phillips and co-chair of the firm’s antitrust practice. She advises leading U.S. and multinational companies in an array of industries, in particular in the media, technology and healthcare sectors, on a broad range of antitrust counseling, investigations, litigation and transactional matters. Ms. Dunlop advises on antitrust-related aspects of mergers and acquisitions, joint ventures and other combinations, represents clients in merger, antitrust and cartel investigations, and has represented major corporations in complex antitrust litigations, including multi-district treble damages class actions.

In addition to over 20 years’ experience practicing US antitrust law, Ms. Dunlop has significant international experience. She began her legal career in Australia, and has also worked in London, where she practiced UK and EU competition law.  In the course of her career, Ms. Dunlop has appeared before the U.S. federal enforcement agencies, the European Commission, the UK Office of Fair Trading, and the Australian Competition and Consumer Commission, and has coordinated the multi-jurisdictional defense of investigations and transactions throughout the world. Ms. Dunlop’s experience in competition matters in a broad range of jurisdictions brings added value to clients who conduct business internationally and interact with different legal systems and regulators.

Ms. Dunlop is an active speaker and writer on antitrust issues and has been recognized as a leading antitrust lawyer in Chambers USA, The Legal 500 and Global Competition Review. She currently serves as Co-Chair of the International Antitrust Committee of the American Bar Association and on the International Task Force of the ABA’s Section of Antitrust Law.


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, life sciences, financial services, communications, 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 recommended as a leading lawyer by Chambers USA 2015, Global Competition Review’s International Who’s Who of Competition Lawyers & Economists 2015, Legal 500 US 2014 and 2015, Euromoney’s Expert Guides, Best Lawyers 2015 and Super Lawyers 2015. 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.”


Howard Morse is a Washington-DC based partner and chair of Cooley’s Antitrust and Competition practice group.

Howard regularly represents businesses before the Department of Justice, Feder­al Trade Commission and State Attorneys Gen­er­al in investigations of mergers, acquisitions and joint ventures as well as alleged monopolization, restraints of trade and unfair and deceptive practices. He also counsels on antitrust issues to help clients achieve their business goals without violating antitrust law and represents clients in antitrust litigation.

Howard has been at the forefront of applying antitrust law to the high-tech sector and the intersection of antitrust and intellectual property law, including issues related to potential competition, innovation markets, patent pools, standard setting and settlement of intellectual property litigation.

Before joining Cooley, Howard served for 10 years at the FTC where he was Assistant Director of the Bureau of Competition, responsible for more than 50 enforcement actions, including HSR civil penalty and merger enforcement actions. He 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 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, Who’s Who Legal: Life Sciences, and Who’s Who in American Law. Chambers has said Howard is “both knowledgeable and practical” and is "a well-respected antitrust counselor, particularly experienced in advising hi-tech companies on the intersection between antitrust and IP law."

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.


Deborah Feinstein serves as Director of the Bureau of Competition at the Federal Trade Commission (FTC) in Washington, DC.  Previously she was a partner at Arnold & Porter LLP, where she was head of the U.S. Antitrust practice group and specialized in representing clients before the FTC and DOJ.  From 1989 to 1991, she worked at the FTC as the Assistant to the Director of the Bureau of Competition and as an attorney adviser to former Commissioner Dennis A. Yao.  She is a 1983 graduate of the University of California, Berkeley and a 1987 graduate of Harvard Law School.


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.