Seminar  Program

Developments in Antitrust Law & Regulation 2018


Select a Location:

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute

New York City Seminar Location

PLI New York Center
, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. (800) 260-4754.

New York City Hotel Accommodations

Crowne Plaza Times Square Manhattan, 1605 Broadway (48th Street), New York, NY 10019 (212) 977-4000. When calling, mention Practising Law Institute. You can also make reservations online to access PLI's rates.

The Muse, 130 West 46th Street, New York, NY 10036. Please call reservations at 1-800-546-7866. When calling, please mention Practising Law Institute and Corporate Rate ID 786839408. In addition, you can book online at PLI Muse Hotel

Millennium Broadway Hotel, 145 West 44th Street, New York, NY 10036. Please call reservations at 1-800-622-5569. When calling, please mention Practising Law Institute. In addition, you can book online at PLI Millennium Hotel .

 Hyatt Times Square, 135 W. 45th Street, New York, NY 10036. For reservations, please call (646) 364-1234. When calling mention rate code CR56218 or Practising Law Institute.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live seminars qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

California:  PLI’s live seminars qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Illinois: All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Iowa:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Kansas:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Louisiana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Maine:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Minnesota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Mississippi:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Missouri:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Montana:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nebraska:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Nevada:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New Mexico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live seminars can be used to fulfill the requirements for newly admitted attorneys. All credit categories may be earned via transitional live seminars.

North Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars

North Dakota:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Ohio:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oklahoma:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania: PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Puerto Rico:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Rhode Island:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

South Carolina:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Tennessee:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Vermont:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live seminars qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

West Virginia:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wisconsin:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

Wyoming:  PLI’s live seminars qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live seminars.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live seminars qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live seminars qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC): PLI’s live seminars can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live seminars qualify as “live” credit. There is no limit to the number of points an attorney can earn via live seminars.

United Kingdom (CPD-UK):  PLI’s live seminars can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live seminars qualify as “live” credit in all Australian jurisdictions. There is no limit to the number of credits an attorney can earn via live seminars.

Other Credit Types

CPE Credit (NASBA): PLI’s live seminars qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE): PLI’s live seminars may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live seminars may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live seminars may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live seminars may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live seminars qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live seminars qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live seminars may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live seminars may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live seminars may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live seminars may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute
General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.

PLI’s live and on-demand webcasts are single-user license products intended for an individual registrant only. Credit will be issued only to the individual registered. If two or more individuals wish to participate in a webcast and receive credit, PLI would be happy to provide a Groupcast – group viewing of a webcast. To schedule a Groupcast, please contact PLI at groupcasts@pli.edu.


U.S. MCLE States

Alabama:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live webcasts qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

California:  PLI’s live webcasts qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live webcasts qualify as “eCLE” credit. Attorneys are limited to 12 credits of eCLE per reporting period.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live webcasts qualify as “in-house” credit. Attorneys are limited to 6 in-house credits per reporting period.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live webcasts qualify as “distance education” credit. Attorneys are limited to 9 credits of distance education per reporting period.

Iowa:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kansas:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Kentucky:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Louisiana:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 4 credits of self-study per reporting period.

Maine:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Minnesota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Mississippi:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Montana:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Nebraska:  PLI’s live webcasts qualify as “computer-based learning” credit. Attorneys are limited to 5 credits of computer-based learning per reporting period.

Nevada:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live webcasts qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live webcasts can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live webcasts. Skills credits may not be earned via live webcasts.

North Carolina:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

North Dakota:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Ohio:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Oklahoma:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Puerto Rico:  PLI’s live webcasts qualify as “non-traditional” credit. Attorneys are limited to 8 credits of non-traditional programs per reporting period.

Rhode Island:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

South Carolina:  PLI’s live webcasts qualify as “alternatively delivered” credit. Attorneys are limited to 6 credits of alternatively delivered programs per reporting period.

Tennessee:  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 8 credits of distance learning per reporting period.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live webcasts qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live webcasts qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

West Virginia:  PLI’s live webcasts qualify as “online” credit. Attorneys are limited to 12 credits of online instruction per reporting period.

Wisconsin:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

Wyoming:  PLI’s live webcasts qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live webcasts.

CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live webcasts qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live webcasts qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live webcasts can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live webcasts qualify as “distance learning” credit. Attorneys are limited to 15 points of distance learning programs per reporting period.

United Kingdom (CPD-UK):  PLI’s live webcasts can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live webcasts may fulfill Australia’s CPD requirements. Credit limits for live webcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.

Other Credit Types

CPE Credit (NASBA):  PLI’s live webcasts qualify as “Group-Internet-Based” (GIB) credit.

IRS Continuing Education (IRS-CE):  PLI’s live webcasts may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live webcasts may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live webcasts may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live webcasts may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live webcasts qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live webcasts qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live programs.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live webcasts may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live webcasts may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live webcasts may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live webcasts may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute

Mechanicsburg Groupcast Location

Pennsylvania Bar Institute, 5080 Ritter Rd., Mechanicsburg PA 17055, (800) 932-4637. Click here for directions.

Mechanicsburg Groupcast Hotel Accommodations

Below is a list of hotel accommodations suggested by the Pennsylvania Bar Institute:

Hampton Inn Harrisburg-West, 4950 Ritter Road, Mechanicsburg, Pennsylvania, USA 17055. Tel: 717-691-1300. Fax: 717-691-9692.

Homewood Suites by Hilton® Harrisburg-West Hershey Area, 5001 Ritter Road, Mechanicsburg, Pennsylvania, United States 17055. Tel: 1-717-697-4900. Fax: 1-717-697-9101.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute
Atlanta Groupcast Location

Atlanta Bar Association, 400 International Tower, 229 Peachtree Street, NE, Atlanta, GA 30303-1601. (404) 521-0781.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute

Pittsburgh Groupcast Location

Pennsylvania Bar Institute, Professional Development Conference Center, 339 Sixth Avenue, Suite 760, Pittsburgh, Pennsylvania 15222-2517. (412) 802-2300. Click Here for Directions

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute
Boston Groupcast Location

Massachusetts CLE, 10 Winter Place, Boston, Massachusetts 02100. (617) 350-7006.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute
Cleveland Groupcast Location

The Cleveland Metropolitan Bar Association, 1375 E. 9th Street – Floor 2, Cleveland, Ohio 44114. 216-696-2404.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute

Philadelphia Groupcast Location

Pennsylvania Bar Institute, The CLE Conference Center, Wanamaker Building, 10th floor, Suite 1010, Center City Philadelphia (Juniper St. entrance, between 13th & Broad Sts., opposite City Hall). (800) 932-4637. Click here for directions.

Philadelphia Groupcast Hotel Accommodations

Below is a list of hotel accommodations suggested by the Pennsylvania Bar Institute:

Marriott Residence Inn

Ritz Carlton

Loews Philadelphia

Philadelphia Marriott Downtown

Hilton Garden Inn

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

Why You Should Attend

 This year’s program will examine recent developments in several key areas of antitrust reflected in recent decisions as well as vigorous enforcement in the US and around the world.  Panels or nationally known practitioners and senior government enforcement officials will report on and explore developments in competitor relationships, including cartels and other per se antitrust violations as well as the antitrust implications of joint ventures and other competitor collaborations; the legality of various vertical restraints on customers and suppliers;  current merger analysis and enforcement; standards for compliance with U.S. price discrimination laws; and the strategies and priorities of the antitrust enforcers, including increased cooperation among U.S. and foreign competition authorities.

 What You Will Learn  

  • Recent decisions addressing:
    • Standards for per se and rule of reason analysis
    • Conspiracy law and competitor relationships
    • Joint ventures and other business collaborations
    • Resale price maintenance, tying and bundling arrangements, monopolization, and attempted monopolization
    • Mergers, acquisitions and similar combinations
    • Trade associations, standard-setting and industry cooperation
    • Intersection of intellectual property and antitrust law
    • Current federal, state and non-U.S. enforcement priorities
    • Recent developments in Robinson-Patman law on price and non-price discrimination
    • Developments evidenced in DOJ and FTC review of recent mergers
    • International developments for global industries
    • Legal ethical issues implicated in conducting or responding to an internal investigation

 Special Features

 Earn 2 hours of Ethics credit

 Who Should Attend

 This program is intended for in-house corporate counsel and attorneys in government and private practice with responsibility for, or interest in, antitrust matters.


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.

Day One: 9:00 a.m. - 5:00 p.m.

9:00 Opening Remarks

 Speakers: Saul P. Morgenstern, Yvonne S. Quinn, Harvey I. Saferstein



9:15 Current Issues in Monopolization                                                         
  • What’s new in Section 2? Who’s at risk for a claim?
  • What are the elements and how are courts interpreting them?
  • Important monopoly case law update
  • How have standards of “anticompetitive conduct” changed?
  • How do you define relevant markets and market power?
  • IP and antitrust law: Unilateral conduct explored
  • Loyalty and bundled discounts

Speakers: Daniel G. Swanson



10:30 Networking Break

10:45 Antitrust Considerations in Acquisitions and Mergers                             
  • Section 7 of the Clayton Act
  • Revised Horizontal Merger Guidelines- what do you need to know?
  • Critical H-S-R reporting updates
  • What are the latest enforcement activities at federal and state levels?
  • Recent decisions involving unilateral and coordinated competitive effects
  • Investigations of non-reportable transactions
  • Consummated mergers
  • Gun-jumping and pre-merger integration

Speakers: Yvonne S. Quinn



12:00 Lunch

1:00 Relationships among Competitors:  Lawful Collaborations, Unreasonable Restraints and Cartels                
  • Protecting Competition -- Overview of Section 1 of the Sherman Act
    • What is an agreement?
    • What makes an agreement lawful/unlawful under Section 1?
    • What are the tools we use to determine lawfulness of agreements among competitors?
      • The per se rule
      • The Rule of Reason
  • Consequences of violating Section 1
    • Criminal
    • Civil exposure
    • Collateral consequences
      • Debarment for certain government-facing industries
      • International issues
      • Reputational/Political
  • Cartel Enforcement -- Criminal and Civil
  • Common Relationships among Competitors Judged Under the Rule of Reason
    • Joint ventures and similar competitor collaborations
    • Benchmarking and Information sharing
    • Trade associations
  • “Hub and Spoke conspiracies”/When the “vertical” becomes “horizontal”
  • State actions and other exemptions and immunities

Speakers: Saul P. Morgenstern



2:30 Networking Break

2:45 Ethical Issues in Antitrust Investigations                                           
  • Scope of the investigation
  • Employee interviews:
    • Who does them?
    • Who is the client?
    • Upjohn warnings
  • The role of separate counsel

Speakers: Laura Shores



3:45 What Lawyers Need to Know About International Antitrust Law   
  • Growth in antitrust laws around the world
  • Convergence in multinational merger review
  • Internationalization of cartel enforcement and converging leniency policies
  • Evolving standards for dominant firms
  • Differences in the EU on vertical/distribution restrictions
  • Emerging antitrust regimes – China and India

Speakers: Lisl J. Dunlop



5:00 Adjourn

Day Two: 9:00 a.m. - 4:45 p.m.

9:00 Current Legal Problems at the Interface of IP Law and Competition Law                                                             
  • Historical tensions and overview
  •  Governmental interest in patent enforcement
    • What a new team at DOJ portends for government policies
    •  Are Standards Essential Patents (SEPs) somehow “different”?
    • Enforcement agency actions and private litigation involving SEPs and FRAND commitments
    • FTC Report on NMEs, NPEs, PAEs, and other patent owners
    • State AG challenges to patent enforcement
  • When should patent enforcement activities raise antitrust concerns?
  • Lexmark and the limits of contract law: Do 17th century rules really matter?
  • Collaborative negotiations for patent licenses and licensee collusion
  • Actavis lives on: patent litigation settlements in its aftermath
  • Fraudulent procurement and bad faith enforcement

Speakers: Robert P. Taylor



10:15 Evolving Standards on Resale Price Maintenance, Tying and Other Vertical Restraints                                                                 
  • Vertical restraints in e-commerce
  • Practice tips and advice and discussion of recent cases
  • Is the “agreement” requirement still relevant for RPM exposure?
  • Counseling in light of Leegin and competing state standards
  • Minimum advertised price programs
  • Dual distribution
  • Addressing Internet sales issues
  • Tying after Independent Ink and Microsoft
  • Special considerations in aftermarkets
  • The reemergence of exclusive dealing liability
  • Current government enforcement efforts and inconsistencies


11:15 Networking Break

11:30 Discrimination in Price and Promotions                                              
  • Current developments in R-P Act law
  • New tactics in  discrimination in price and promotions lawsuits
  • Secondary line injury and risk of private suits
  • Counseling issues
  • Functional discounts
  • Dual distribution
  • Meeting competition and cost justification
  • Availability as a defense and its problems
  • Buyer liability
  • Advertising and promotional allowances
  • Proving antitrust injury and damages
  • Fred Meyer Guides

Speakers: Harvey M. Applebaum, Harvey I. Saferstein



12:45 Lunch

1:45 Enforcement Issues and Opportunities for Antitrust Practitioners
  • Updates on the latest developments facing antitrust law today
  • Department of Justice, Federal Trade Commission, and State Attorneys General Offices provide insight on the latest in enforcement

 Panel Leader: Heather S. Tewksbury

 Panelists: Patricia A. Conners, TBD FTC, Bernard (Barry) A. Nigro



3:30 Networking Break

3:45 The Intersection Between Antitrust, Ethics, and Compliance        
  • Designing an effective compliance program
  • Sentencing Commission Guidelines
  • Attorney-client privilege 
  • Monitoring, auditing and reporting mechanisms
  • Conflicts of interest

Speakers: Theodore L. Banks

 



4:45 Adjourn

Co-Chair(s)
Saul P. Morgenstern ~ Arnold & Porter Kaye Scholer LLP
Yvonne S. Quinn ~ Sullivan & Cromwell LLP
Harvey I. Saferstein ~ Vice President, General Counsel , Sportsman Cap and Bag
Speaker(s)
Harvey M. Applebaum ~ Covington & Burling LLP
Theodore L. Banks ~ President, Compliance & Competition Consultants, LLC, Scharf Banks Marmor LLC
Patricia A. Conners ~ Chief Deputy, Office of the Attorney General of Florida
Lisl J. Dunlop ~ Manatt, Phelps & Phillips, LLP
Craig G. Falls ~ Dechert LLP
Bernard (Barry) A. Nigro Jr. ~ Deputy Assistant Attorney General, Antitrust Division, US DOJ
Laura S Shores ~ Arnold & Porter Kaye Scholer LLP
Daniel G. Swanson ~ Gibson Dunn & Crutcher LLP
Robert P. Taylor ~ RPT Legal Strategies PC
Heather S. Tewksbury ~ Partner, WilmerHale
Program Attorney(s)
Krista M. Gundersen ~ Director, Programs, Practising Law Institute
New Jersey Groupcast Location

New Jersey Institute for Continuing Legal Education, One Constitution Square, New Brunswick, NJ 08901-1520. 732-249-5100.

General credit information about this format appears below. For credit information specific to this program, please choose your jurisdiction(s) in the Credit Information box on the right-hand side of this page.


U.S. MCLE States

Alabama:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Alaska:  All PLI products can fulfill Alaska’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Arizona:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive CLE” credit. There is no limit to the number of credits an attorney can earn via interactive CLE programs.

Arkansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

California:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “participatory” credit. There is no limit to the number of credits an attorney can earn via participatory programs.

Colorado:  All PLI products can fulfill Colorado’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Connecticut: Effective January 1, 2017, all PLI products can fulfill Connecticut’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Delaware:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Florida:  All PLI products can fulfill Florida’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Georgia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Hawaii:  All PLI products can fulfill Hawaii’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Idaho:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Illinois:  All PLI products can fulfill Illinois' CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Indiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Iowa:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Kansas:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live programs.

Kentucky:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Louisiana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Maine:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Minnesota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Mississippi:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “distance learning” credit. Attorneys are limited to 6 credits of distance learning per reporting period.

Missouri:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Montana:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nebraska:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Nevada:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New Hampshire:  All PLI products can fulfill New Hampshire’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

New Jersey:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “alternative verifiable learning formats” credit. Attorneys are limited to 12 credits of alternative verifiable learning formats per reporting period.

New Mexico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

New York

Experienced Attorneys:  All PLI products can fulfill New York’s CLE requirements for experienced attorneys. There is no limit to the number of credits an attorney can earn via PLI products.

Newly Admitted Attorneys:  PLI’s transitional live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can be used to fulfill the requirements for New York newly admitted attorneys. Ethics credit, professional practice credit, and law practice management credit may be earned via transitional live groupcasts. Skills credits may not be earned via live groupcasts.

North Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

North Dakota:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Ohio:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oklahoma:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Oregon:  All PLI products can fulfill Oregon’s CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Pennsylvania:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Puerto Rico:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Rhode Island:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

South Carolina:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Tennessee:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Texas:  All PLI products can fulfill Texas’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Utah:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “self-study” credit. Attorneys are limited to 12 credits of self-study per reporting period.

Vermont:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Virgin Islands:  All PLI products can fulfill the Virgin Islands’ CLE requirements. There is no limit to the number of credits an attorney can earn via PLI products.

Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live interactive” credit. There is no limit to the number of credits an attorney can earn via live interactive programs.

Washington:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

West Virginia:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wisconsin:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.

Wyoming:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of credits an attorney can earn via live groupcasts.


CPD Jurisdictions

British Columbia (CPD-BC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “real-time” credit. There is no limit to the number of credits an attorney can earn via real-time programs.

Ontario (CPD-ON):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “interactive” credit. There is no limit to the number of credits an attorney can earn via interactive programs.

Quebec (CPD-QC):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill Quebec’s CPD requirements.

Hong Kong (CPD-HK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” credit. There is no limit to the number of points an attorney can earn via live groupcasts.

United Kingdom (CPD-UK):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) can fulfill the United Kingdom’s CPD requirements.

Australia (CPD-AUS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Australia’s CPD requirements. Credit limits for live groupcasts vary according to jurisdiction. Please refer to your jurisdiction’s CPD information page for specifics.


Other Credit Types

CPE Credit (NASBA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “Group-Live delivery” credit.

IRS Continuing Education (IRS-CE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill IRS-CE requirements. To request IRS-CE credit, please notify PLI at plicredits@pli.edu of your request and include your Preparer Tax Identification Number (PTIN).

Certified Fraud Examiner CPE:  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Certified Fraud Examiner CPE requirements. To request CPE credit or find out which programs offer CPE, please contact PLI at plicredits@pli.edu.

IAPP Continuing Privacy Credit (CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill Privacy CPE credit requirements.

HR Recertification (HRCI):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill HR credit requirements.

SHRM Recertification (SHRM):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as "instructor-led" credit. There is no limit to the number of credits an SHRM professional can earn via instructor-led programs.

Compliance Certification Board (CCB):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) qualify as “live” training events. There is no limit to the number of credits a candidate or certification holder can earn via live groupcasts.

Certified Anti-Money Laundering Specialists (CAMS):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CAMS credit requirements.

New York State Social Worker Continuing Education (SW CPE):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill SW CPE credit requirements.

American Bankers Association Professional Certification (ABA):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill ABA credit requirements.

Certified Financial Planners (CFP):  PLI’s live groupcasts (i.e. live webcasts available for group viewing at co-sponsored locations) may fulfill CFP credit requirements.

 

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