Overview:Antirust enforcement authorities around the world are increasingly coordinating their efforts with other countries. As a result, corporations who are investigated in the United States for anti-competitive behavior face numerous other investigations in the European Union, Canada, and other countries. These corporations also face class action lawsuits in the United States.
This event will provide a systematic overview of cutting-edge issues associated with these investigations, including:
- Current enforcement tools, including search warrants and arrests of executives
- The Department of Justice's approach to encouraging corporations to cooperate with the
- The ripple effect that an agreement to plead guilty in one country has in other jurisdictions
- The different ways companies can respond to government investigations
- The impact that cooperation with a government investigation can have on civil suits
- Steps that can be taken to minimize exposure
- Privacy issues and evidentiary issues associated with moving documents out of the EU and into the
Produced by the Knowledge Congress, key experts and government regulators are expected to share their views in this two-hour webinar.
<strong id="ep-name-of-speaker">Albert A. Foer, President,</strong>
<em id="ep-speaker-firm">American Antitrust Institute </em>
- The increasing relevance of antitrust
- Challenges of cooperation and coordination
- The problematic areas of international antitrust
» Cross-borders merger controls
» Abuse of Market Dominance
» Compensation for Damages
» Jurisdictional Complexities
- Looking Forward
<strong id="ep-name-of-speaker">Mark Rosman, Assistant Chief, National Criminal Enforcement Section; Antitrust Division,</strong>
<em id="ep-speaker-firm">U.S. Department of Justice </em>
- Current enforcement tools, including search warrants, wiretaps, and arrests of executives.
- Coordination with other jurisdictions, including dawn raids, information sharing, and strategy.
- DOJ's approach to encouraging corporations to cooperate with the government's investigation,
including benefits of the Corporate Leniency Program and second-in-the-door cooperators.
- Ripple effect of concurrent investigations
<strong id="ep-name-of-speaker">William A. Isaacson, Partner,</strong>
<em id="ep-speaker-firm">Boies, Schiller & Flexner LLP </em>
The effect of Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (“ACPERA”) on
- Tecent developments in cartel cases on stays of civil proceedings pending criminal investigations
- The effect of grand jury investigations on litigation of Twombly issues
<strong id="ep-name-of-speaker">Kirby D. Behre, Partner, Litigation Department,</strong>
<em id="ep-speaker-firm">Paul, Hastings, Janofsky & Walker </em>
- Challenges Resulting from Cross Border Investigations and Simultaneous Civil Suits
a. growing list of countries that actively investigate means greater number of fronts on which
b. cooperation and request for leniency has ripple effect in other jurisdictions and in civil cases
c. practical issues of data collection and foreign language documents are costly and
Who Should Attend:
- Antitrust Counsel
- General Counsel
- Legal Affairs
- Regulatory Affairs
- Managing director
- Chief risk officer/Chief Risk Management Officer
- Chief Legal Officer
Albert A. ("Bert") Foer is founder and President of the American Antitrust Institute. His career has included private law practice in Washington, DC (Hogan & Hartson, Jackson & Campbell); the Federal Senior Executive Service (as Assistant Director and Acting Deputy Director of the Federal Trade Commission's Bureau of Competition); CEO of a mid-sized chain of retail jewelry stores for twelve years; trade association and non-profit leadership; and teaching antitrust to undergraduate and graduate business school students. Foer has published numerous articles, book chapters, and reviews relating to competition policy. He is a graduate of the University of Chicago Law School, with an A.B. (magna cum laude) from Brandeis University, and an M.A. in political science from Washington University.
Albert A. ("Bert") Foer is founder and President of the American Antitrust Institute. His career has included private law practice …
Mark Rosman is the Assistant Chief of the National Criminal Enforcement Section of the Antitrust Division of the United States Department of Justice. He represents the United States in investigations and prosecutions of corporations and individuals for criminal antitrust violations, including leading the Division’s investigation of British Airways, Air France/KLM, and other airlines. From 2002-2004, he served as a Special Assistant to the Directors of Enforcement for the Antitrust Division. Before moving to Washington, Mr. Rosman worked for ten years as a Trial Attorney in the Antitrust Division’s Dallas Field Office, trying five criminal antitrust cases in the Southern District of Texas.
Mr. Rosman earned his J.D., with honors, in 1991 from the University of Florida, and his B.A. in 1988 from the University of Pennsylvania. He is admitted to practice in Florida and California.
Mark Rosman is the Assistant Chief of the National Criminal Enforcement Section of the Antitrust Division of the United States …
Since joining the firm at its inception in 1997, Bill Isaacson's main practice areas have included complex commercial litigation and class actions, and arbitration.
In the area of plaintiff class actions, Legal 500.com describes Mr. Isaacson as a "key litigator" at BSF who "has emerged as the leader on the foreign antitrust front." For example, Mr. Isaacson has acted as trial counsel for class plaintiffs in Animal Science Products v. Mitsui & Co. (D.D.C.), an international cartel case, resulting in a jury verdict for the class of $49.5 million (before trebling) (National Law Journal, August 4, 2003 p. 13) and In re Scrap Metal Antitrust Litigation (N.D.Ohio) winning a jury verdict of $11.5 million before trebling. Mr. Isaacson also has acted as a Steering Committee Member in In re Vitamins Antitrust Litigation in which the firm uncovered an international conspiracy and represented purchasers of a range of vitamins in pursuing price fixing and market allocation claims ("Not Your Father's Class Action," National Law Journal, June 7, 1999, p.A5), resulting in an over $1 billion in settlements. In addition, Mr. Isaacson has filed the first class actions uncovering cartels in China responsible for exporting products to the United States, including the vitamin C industry. Mr. Isaacson is currently lead counsel for the direct purchaser class in In re Graphic Processing Units Antitrust Litigation (N.D. Cal.).
Mr. Isaacson also has acted as counsel in Worldspan v. Abacus (ICC Arbitration / London) (following a three week trial in 1999, a 300 page Award in August 2000 found for Claimant Worldspan on claims for fraud, breach of fiduciary duty, breach of contract, misappropriation of confidential information and conspiracy and awarded $39.5 million); Kuwait Oil Company & UK Oil Company v. UK Oil Company et al. (LCIA Arbitration/London) (following an arbitration in London and Kuwait, an arbitration award in December 2000 affirmed Claimant's contractual equity interest in billion barrel oil fields at issue, and awarded fees and costs to Claimants); Shandling v. Grey (representing comedian Garry Shandling against his former manager for breach of fiduciary duty through to settlement following a decision denying a motion for summary adjudication, see "Shandling Claims Get New Life in a Stunning Reversal," Variety June 23, 1999, p. 1).
Mr. Isaacson is member of the Advisory Board for Legal Counsel for the Elderly and has lectured at Georgetown University Law School and made presentations and conducted mock trials at ABA seminars and meetings. Based on its own surveys, the publication Super Lawyers listed Mr. Isaacson as a D.C. Super Lawyer for 2008.
Since joining the firm at its inception in 1997, Bill Isaacson's main practice areas have included complex commercial litigation and …
Kirby Behre is a former federal prosecutor and trial lawyer who has practiced criminal, civil and government contract law for the past 21 years. As a member of Paul Hastings’ White Collar, Internal Investigations and Corporate Governance Group, Mr. Behre has represented and defended corporations and individuals in civil and criminal investigations of alleged business crimes and civil fraud, including securities fraud, Foreign Corrupt Practices Act violations, antitrust violations and government contract fraud. Mr. Behre co-chairs the firm's E-Discovery Group, and has a particular expertise concerning e-discovery as it relates to government investigations. Mr. Behre was recently recognized as a Washington, D.C. Super Lawyer by Law & Politics publication.
Prior to his appointment as an Assistant United States Attorney in 1989, Mr. Behre practiced government contract and commercial contract law with the Washington, D.C. law firms of Hogan & Hartson and Pettit & Martin. He has litigated government contract cases before the General Services Board of Contract Appeals, the Armed Services Board of Contract Appeals and the General Accounting Office.
Mr. Behre is General Counsel to Big Brothers/Big Sisters of the National Capital Area, an organization he has been involved in for more than 15 years. Mr. Behre is an active participant in the Sedona Conference, a leader in e-discovery issues and education.
Mr. Behre received his J.D. degree, cum laude, from the Georgetown University Law Center in 1985 and his B.A. degree from George Washington University, with Special Honors and Distinction, Phi Beta Kappa, in 1982. He is a member of the District of Columbia and Maryland bars.
Kirby Behre is a former federal prosecutor and trial lawyer who has practiced criminal, civil and government contract law for …
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Boies, Schiller & Flexner LLP