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Regulation of Business

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

Is Net Neutrality Good Policy?

Short video featuring Marvin Ammori and Ajit Pai
Marvin Ammori, Ajit V. Pai November 13, 2016

Is net neutrality good for innovation? Ajit Pai, Commissioner at the Federal Communications Commission and Marvin Ammori, General Counsel of Hyperloop One, debate the FCC’s 2015 Open Internet Order and what role the government should have in regulating the Internet.