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Corporations, Securities & Antitrust

Presidential Conflicts?

Practice Group Teleforum Friday, December 09, 03:00 PMFederalist Society Teleforum Conference Call

“Suggestions that President-elect Donald Trump put his business holdings in a 'blind trust,' which would mean selling them to avoid potential conflicts of interest are unrealistic and unfair,” says David Rivkin, of Baker and Hostetler, in a recent Washington Post piece. University of Minnesota Law School Professor Richard Painter said, in a New York Times piece, that President-elect Trump’s announced plans to cure conflict-of-interest concerns are “not enough.”  Join us as these two legal scholars discuss their positions in greater detail.

Featuring:

  • Professor Richard Painter, S. Walter Richey Professor of Corporate Law, University of Minnesota Law School
  • Mr. David B. Rivkin Jr., Partner, BakerHostetler

The Battle for the Gig Economy - Audio/Video

2016 National Lawyers Convention
Mark Brnovich, Mark Floyd, Randel K. Johnson, Bill Samuel, Thomas M. Hardiman November 23, 2016

The “gig" or “on demand" economy may be the fastest growing segment of our economy, with 22.4 million consumers spending $56.6 billion annually. By 2020, according to some studies, 7.6 million Americans will be working as independent contractors in the gig economy. At the same time, however, the U.S. Department of Labor has narrowed standards for classifying workers as independent contractors, and entered enforcement partnerships with 30 States looking to find misclassified independent contractors in order to increase workers' compensation, unemployment and employment tax revenue. A battle has begun between regulators and entrepreneurs, between independent contractor and employee status. This panel will explore who should win, who will win, and whether there is a third way – creating a new legal category, the “independent worker," for those who occupy the grey area between employee and independent contractor. 

This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Labor & Employment Law: The Battle for the Gig Economy
1:45 p.m. – 3:15 p.m.
Grand Ballroom 

  • Hon. Mark Brnovich, Attorney General, Arizona
  • Mr. Mark Floyd, Senior Director and Global Relations Lead, Uber Technologies Inc.
  • Mr. Randel K. Johnson, Senior Vice President, Labor, Immigration and Employee Benefits, U.S. Chamber of Commerce
  • Mr. Bill Samuel, Director of Government Affairs, AFL-CIO
  • Moderator: Hon. Thomas M. Hardiman, U.S. Court of Appeals, Third Circuit

The Mayflower Hotel
Washington, DC

Justice Scalia's Contributions to Antitrust Law - Audio/Video

2016 National Lawyers Convention
Frank H. Easterbrook, Deborah A. Garza, C. Scott Hemphill, Douglas H. Ginsburg November 23, 2016

In his confirmation hearing, Justice Scalia told the Senators that, as a law school student, he had never really understood antitrust law; later, he learned that he shouldn't have understood it, because it did not make any sense then. It should come as no surprise, that in his subsequent time on the Court, Justice Scalia strove to rectify that problem, and succeeded through clearly written majority decisions that changed the direction of jurisprudence on monopolization (U.S. v. Trinko) and class certification in massive antitrust and other business class actions (Wal-Mart v. Dukes, Comcast v. Behrens), and powerful dissents. As a modern intellectual leader of the "Chicago school" of economics, Justice Scalia played an important role in shaping the Court's approach to antitrust law and hence development of the law in the lower courts. It is a good time to consider the impact of his legacy, including how lasting those decisions will be, whether and how the course of antitrust jurisprudence could change and who will take his place in the Court on these issues.

This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Corporations, Securities & Antitrust: Justice Scalia's Contributions to Antitrust Law
1:45 p.m. – 3:15 p.m.
East Room

  • Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit
  • Ms. Deborah A. Garza, Partner, Covington & Burling LLP
  • Prof. C. Scott Hemphill, Professor of Law, New York University School of Law
  • Moderator: Hon. Douglas H. Ginsburg, U.S. Court of Appeals, District of Columbia Circuit

The Mayflower Hotel
Washington, DC