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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

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.  In 2013, Martino received a Directors’ Award for Superior Litigative Performance from the Executive Office of U.S. Attorneys.  Martino started his career in the Antitrust Division’s New York Office in 2002 as an Honors attorney 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.


Alicia Downey has extensive counseling experience helping clients develop antitrust-compliant pricing and marketing strategies, minimum advertised price policies, joint ventures, and distribution agreements 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 (2009-2015), Top Women Attorneys in Massachusetts (2014-2015); Massachusetts Super Lawyers (2004-2015) Chambers USA Guide to America’s Leading Lawyers for Business (2005-2013), and PLC Cross-Border Competition and Leniency Handbook (2009-2012).

In addition to conducting antitrust training for non-lawyers, Alicia frequently speaks in continuing legal education teleseminars and conferences on various antitrust and distribution-related topics. Over the past sixteen years, Alicia has held various leadership positions in the Section of Antitrust Law of the American Bar Association as a member of the Section Council, chair of the Pricing Conduct Committee and vice chair of the Business Torts and Civil RICO Committee. She currently chairs the Distribution and Franchising Committee.

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

  • 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)
  • Antitrust Counseling and Compliance 2014, Practising Law Institute, New York, N.Y. (Oct. 31, 2014)
  • The Revised Fred Meyer Guides: What Changed? What Didn’t?, ABA Section of Antitrust Law, Distribution & Franchising Committee (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)
  • Antitrust Primer and Pitfalls for Corporate Counsel, MCLE New England, Boston, MA (March 24, 2014)


Howard Morse is a Washington-DC based partner in Cooley LLP’s antitrust and competition practice group. He regularly represents businesses before the Feder­al Trade Commission, Department of Justice, and State Attorneys Gen­er­al in investigations involving mergers and acquisitions as well as alleged monopolization and restraint of trade cases. He also counsels clients on antitrust issues and represents companies in private 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 innovation markets, patent pools, standard setting, and settlement of intellectual property litigation.

Howard served for ten years at the FTC where he was Assistant Director of the Bureau of Competition. 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.”

In private practice, Howard has guided numerous clients’ mergers and acquisitions through government review and has encouraged government challenges to other transactions on behalf of clients. He has successfully defended targets of agency investigations and has represented plaintiffs, defendants, and third parties in antitrust litigation.

Howard is active in the ABA Antitrust Section where he serves as a Member of the Long Range Planning Committee. He has previously chaired the Section’s Federal Civil Enforcement, Computer Industry, Intellectual Property, and Exemptions and Immunities committees and has served on the Section Council.

Howard has been recognized as a leading antitrust lawyer by Best Lawyers in America, Chambers, Super Lawyers and Who’s Who in American Law. Chambers has said Howard is “applauded for his ability to apply his deep antitrust expertise to commercial settings” and has described him as a “tireless advocate for his clients” who “impresses with his superb with his superb analytical and communications skills,” and is “valued for his practical experience as a former Assistant Director of the FTC Bureau of Competition.”

Howard is a summa cum laude graduate of Dartmouth College and cum laude graduate of Harvard Law School.


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 Dunlop is a partner in the firm’s New York office and a member of the Litigation Division. 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, antitrust litigation and transactional matters. Ms. Dunlop advises on antitrust-related aspects of mergers and acquisitions, joint ventures and other combinations, and sales and distribution matters; represents clients in antitrust agency investigations; and has represented major corporations in complex antitrust litigations, including multidistrict treble damages class actions. Ms. Dunlop has regularly been recognized as a leading antitrust lawyer in Chambers USA, Legal 500, Who’s Who Legal and Global Competition Review.

In addition to over 20 years of experience practicing U.S. antitrust law, Ms. Dunlop has significant international experience in both Australia and Europe. Ms. Dunlop has appeared before U.S. federal and state antitrust enforcement agencies, the European Commission, the UK Office of Fair Trading, and the Australian Competition and Consumer Commission, and has coordinated the multijurisdictional defense of transactions throughout the world. Ms. Dunlop’s experience in competition matters in a broad range of jurisdictions brings added value to clients that conduct business internationally and interact with different legal systems and regulators.

Education

  • Cornell University Law School, LL.M., 1997.
  • University of Sydney, LL.B., 1991.
  • University of Sydney, BSc, 1991.


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 200 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.”


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.


Lisa Wood has over 30 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, Massachusetts SuperLawyers 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 also counseled clients on a broad range of antitrust matters, including joint ventures, standard-setting, patent settlements, information sharing, distribution, pricing strategies and mergers.

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.

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


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.