Antitrust & the Deal 2010

Overview

Why You Should Attend

Antitrust laws are important to understand for practitioners who face a range of business transactions, and this program will provide you with the practical tools with which to navigate all types of joint ventures and strategic alliances.  The new Administration is taking a closer look at these types of transactions, particularly mergers and acquisitions, and practitioners need to be able to anticipate potential antitrust pitfalls.  Attend this program and get an in-depth look at merger analysis, the review process and HSR filing considerations, issues affecting joint ventures and strategic alliances, and considerations unique to IP licensing agreements.  And don’t miss an invaluable discussion about the government perspective of all of these issues.

What You Will Learn

• How to analyze mergers and acquisitions and assess the antitrust risk
• How to use the DOJ/FTC Horizontal Merger Guidelines
• New economic learning affecting merger analysis
• Managing the HSR filing and review process and coordinating foreign filings
• Managing the antitrust risk for joint ventures and strategic alliances
• Avoiding antitrust risks in intellectual property licensing
• The government perspective on enforcement and new merger guidelines

Who Should Attend

In-house counsel who practice antitrust law part-time or full-time, and counsel in private practice with some previous antitrust training, or those who want a refresher on basic principles and to sharpen their skills and learn about important recent developments and trends in antitrust enforcement. The program will focus on the relationship of antitrust to the full spectrum of business transactions. This program also may be of interest to corporate dealmakers. Attendees are invited to submit questions of general interest in advance.

Special Features

Live Webcast - Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Morning Session:  9:00 a.m. - 12:30 p.m.

Moderator for Morning Session: Mary L. Azcuenaga

9:00   Opening Remarks and Introduction

• Market definition, including potential competition, and innovation markets
• Ease of entry
• Competitive effects and efficiencies
• Distressed company claims in the current economic environment
• New economic thinking

Speaker: W. Stephen Smith

• When to file under HSR
• Coordinating global filings
• The critical role of 4(c) documents
• Pre-closing integration issues
• Second Requests and the investigative process
• Negotiating a consent agreement

Speaker: M. Howard Morse
 
11:15  Networking Break

11:30  A Government Perspective on Mergers and Acquisitions

• Current enforcement priorities
• Red flags for the reviewer
• Tips for a smooth review
• Possible new merger guidelines

Speaker: Molly S. Boast
 
12:30  Lunch

Afternoon Session:  1:45 p.m. - 5:00 p.m.

Moderator for Afternoon Session: M. Howard Morse

• Guidance from the DOJ/FTC Competitor Collaboration Guidelines
• Rule of Reason analysis
• What counts as a cognizeable efficiency
• When is a venture a single firm, collateral restraints, and learning from Dagher and American Needle
• Filing ventures under the National Cooperative Research and Production Act

Speaker: Chul Pak

2:45  Intellectual Property Licensing

• Refusals to license, tying and patent pooling agreements
• Common questions that arise in the licensing context
• Disclosure of intellectual property during standards setting and RAND licensing
• Differences between the FTC/DOJ Guidelines for Licensing of Intellectual Property and the EU Guidelines on Technology Transfer Agreements
• When must licensing agreements be reported to the government

Speaker: Darrell E. Prescott

3:45  Networking Break

4:00  A Government Perspective on Joint Ventures and Licensing

• Enforcement initiatives in the Obama Administration
• International cooperation in enforcement

Speaker: Willard K. Tom
  
5:00  Adjourn

Faculty

Co-Chair(s)

Speaker(s)

Program Attorney(s)

CLE Credit

Travel Information

New York City Seminar Location

PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.

New York City Hotel Accommodations

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com.