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Corporations, Securities & Antitrust

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  • Antitrust
  • Corporate Governance
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  • Securities & Corporate Finance

Projects

2017 National Lawyers Convention

Administrative Agencies and the Regulatory State
November 16, 2017

The 2017 National Lawyers Convention is scheduled for Thursday, November 16 through Saturday, November 18 at the Mayflower Hotel in Washington, D.C. The topic of this year's convention is: Administrative Agencies and the Regulatory State. More information will be posted soon!

Supreme Court Preview: What Is in Store for October Term 2017?

Co-Sponsored by the Faculty Division and the Practice Groups
Jan Crawford, Kyle Duncan, Samuel Estreicher, Orin S. Kerr, Andrew J. Pincus, Carrie Severino September 27, 2017

This event is being live-streamed.

October 2nd will mark the first day of oral arguments for the 2017 Supreme Court term. The Court's docket already includes major cases involving Federal Courts, redistricting, the First Amendment, election law, business law, class actions, international and immigration issues, alien tort statutes, and the Fourth Amendment.

The full list of cases granted thus far for the upcoming term can be viewed on SCOTUSblog here. The panelists will also discuss the current composition and the future of the Court.

Featuring:

  • Prof. Samuel Estreicher, New York University School of Law
  • Prof. Orin Kerr, George Washington University Law School
  • Kyle Duncan, Schaerr Duncan, LLP
  • Carrie Severino, Judicial Crisis Network
  • Andrew Pincus, Mayer Brown, LLP
  • Moderator: Ms. Jan Crawford, CBS News

Antitrust Implications of Pharmaceutical Pricing: from Martin Shkreli to EpiPen

Corporations, Securities & Antitrust Practice Group Teleforum
Michael A. Carrier September 13, 2017

From Martin Shkreli to the Epipen, decisions about pharmaceutical pricing and distribution have been very much in the news of late.  Much of the discussion centers on whether or not it is immoral to charge high prices.  The question remains, however, about whether those business practices raise antitrust concerns.  Can a high price in and of itself violate antitrust laws?  What about policies that limit the channels through which a particular product is distributed?  Professor Michael Carrier of Rutgers Law School will analyze these questions, noting the arguments both for and against a finding of antitrust liability, as well as discussing the particular circumstances that have raised a red flag from an antitrust perspective in some of these recent cases.

Featuring: 

  • Prof. Michael A. Carrier, Distinguished Professor of Law, Rutgers Law School

Warning to Corporate Counsel: If State AGs Can Do This to ExxonMobil, How Safe Is Your Company?

Corporations, Securities, & Antitrust Practice Group Teleforum
John S. Baker, Jr. August 28, 2017

Nation-states have long fought wars for control of oil. In a novel development, American states are now fighting a war over control of oil—not with one state attempting to take oil from another, but with some states attempting to deny its use to other states. In 2015, New York’s Attorney General, Eric Schneiderman, began an investigation of ExxonMobil. Then, at a news conference held in New York City on March 29, 2016, Schneiderman said that he and a group of other attorneys general were looking at “creative legal theories” to bring about “the beginning of the end of our addiction to fossil fuel.” The group is comprised of seventeen attorneys general, representing fifteen states, the District of Columbia, and one territory. Opposing these attorneys general from mostly “blue states” are attorneys general from twenty-seven mostly “red states.”

Featuring: 

  • Prof. John S. Baker, Jr., Ph.D., Visiting Professor, Georgetown University Law Center & Professor Emeritus, Louisiana State University Law Center

Occupational Licensing, Antitrust, and Innovation - Event Audio/Video

Regulatory Transparency Project
Maureen K. Ohlhausen, James Cooper, Sarah Oxenham Allen, Koren W. Wong-Ervin, Lisa Kimmel August 14, 2017

Every state has laws or regulations that require individuals seeking to offer a certain service to the public first to obtain approval from the state before they may operate in the state. Recent years have seen a significant proliferation of such laws, with less than 5% of jobs in the American economy requiring a license in the 1950’s to between 25-30% today. Although licensing in some occupations may benefit the public by reducing information asymmetry and/or ensuring a minimum quality level for a particular service, the significant growth in the number of occupations governed by some form of licensing requirements poses a potential threat to competition and consumer welfare. Our panel of experts will discuss these important issues.

This event took place at Crowell & Moring in Washington, DC, on August 9, 2017.

Featuring:

  • Hon. Maureen Ohlhausen, Acting Chair of the U.S. Federal Trade Commission
  • James Cooper, Associate Professor, Scalia Law School at George Mason University
  • Sarah Oxenham Allen, Senior Assistant Attorney General, Office of the Attorney General of the Commonwealth of Virginia
  • Moderator: Koren W. Wong-Ervin, Director, Global Antitrust Institute, Scalia Law School at George Mason University
  • Moderator: Lisa Kimmel, Senior Counsel, Crowell & Moring LLP

2017 Annual Supreme Court Round Up - Event Audio/Video

Washington, DC Lawyers Chapter
Miguel Estrada, Douglas R. Cox July 28, 2017

On July 13, 2017, Miguel Estrada of Gibson Dunn & Crutcher LLP delivered the Annual Supreme Court Round Up at the National Press Club in Washington, DC.

Featuring:

  • Mr. Miguel Estrada, Gibson Dunn & Crutcher LLP
  • Introduction: Mr. Douglas R. Cox, Gibson Dunn & Crutcher LLP

National Press Club
Washington, DC

Antitrust Enforcement in the Modern Era - Podcast

Corporations, Securities & Antitrust Practice Group Podcast
Joshua D. Wright July 24, 2017

With a change in administration, businesses and consumers alike are searching the tea leaves for indications about how new policy setters will analyze market power, mergers and acquisitions.  Will economic analysis play a greater or lesser role? Will the conventional distinctions between horizontal and vertical mergers persist? How will consumer interest be weighed? On the international front, is foreign countries’ use of competition laws to influence or judge American businesses on the rise and, if so, to what effect?

Featuring: 

  • Hon. Joshua D. Wright, Professor of Law, Antonin Scalia Law School, George Mason University

Antitrust Enforcement in the Modern Era

Corporations, Securities & Antitrust Practice Group Teleforum
Joshua D. Wright July 21, 2017

With a change in administration, businesses and consumers alike are searching the tea leaves for indications about how new policy setters will analyze market power, mergers and acquisitions.  Will economic analysis play a greater or lesser role?  Will the conventional distinctions between horizontal and vertical mergers persist?  How will consumer interest be weighed?  On the international front, is foreign countries’ use of competition laws to influence or judge American businesses on the rise and, if so, to what effect?

Featuring: 

  • Hon. Joshua D. Wright, Professor of Law, Antonin Scalia Law School, George Mason University

The State of Antitrust Enforcement - Event Audio/Video

Corporations, Securities & Antitrust Practice Group
Albert A. Foer, Geoffrey A. Manne, Joshua D. Wright, Ronald A. Cass June 16, 2017

Antitrust policy during much of the Obama Administration was a continuation of the Bush Administration’s minimal involvement in the market. However, at the end of President Obama’s term, there was a significant pivot to investigations and blocks of high profile mergers such as Halliburton-Baker Hughes, Comcast-Time Warner Cable, Staples-Office Depot, Sysco-US Foods, and Aetna-Humana and Anthem-Cigna. How will or should the new Administration analyze proposed mergers, including certain high profile deals like Walgreens-Rite Aid, AT&T-Time Warner, Inc., and DraftKings-FanDuel?

This lively luncheon panel discussion covered these topics and the anticipated future of antitrust enforcement. This event was held on June 9, 2017, at the National Press Club in Washington, DC.

Speakers: 

  • Albert A. Foer, Founder and Senior Fellow, American Antitrust Institute
  • Prof. Geoffrey A. Manne, Executive Director, International Center for Law & Economics
  • Hon. Joshua D. Wright, Professor of Law, George Mason University School of Law
  • Moderator: Hon. Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC

National Press Club
Washington, DC

The State of Antitrust Enforcement

Albert A. Foer, Geoffrey A. Manne, Joshua D. Wright, Ronald A. Cass June 09, 2017

Antitrust policy during much of the Obama Administration was a continuation of the Bush Administration’s minimal involvement in the market. However, at the end of President Obama’s term, there was a significant pivot to investigations and blocks of high profile mergers such as Halliburton-Baker Hughes, Comcast-Time Warner Cable, Staples-Office Depot, Sysco-US Foods, and Aetna-Humana and Anthem-Cigna. How will or should the new Administration analyze proposed mergers, including certain high profile deals like Walgreens-Rite Aid, AT&T-Time Warner, Inc., and DraftKings-FanDuel?

Join us for a lively luncheon panel discussion that will cover these topics and the anticipated future of antitrust enforcement.

Speakers: 

  • Albert A. Foer, Founder and Senior Fellow, American Antitrust Institute
  • Professor Geoffrey A. Manne, Executive Director, International Center for Law & Economics

  • Honorable Joshua D. Wright, Professor of Law, George Mason University School of Law

  • Moderator: Honorable Ronald A. Cass, Dean Emeritus, Boston University School of Law and President, Cass & Associates, PC