Heightened Antitrust Enforcement: New Emphasis, New Risks
Sharpening Compliance to Withstand Tougher DOJ Scrutiny
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, August 25, 2009
Recorded event now available
This seminar will examine the current antitrust enforcement environment, highlighting emerging risks for businesses. The panel will outline strategies for counsel to ensure compliance with antitrust laws and new enforcement measures.
Description
Businesses and their counsel must remain vigilant about antitrust compliance even in these challenging economic times. The new administration has indicated antitrust enforcement will be stronger and more active than it has been in recent years.
The current year has already seen over $1 billion dollars in criminal antitrust fines assessed by the government. Even with budgets stretched thin, companies must carefully consider any reduction in compliance efforts, antitrust audits, and investigations of potential antitrust violations.
Borderline conduct that might not have been subject to antitrust scrutiny in the past is more likely now to get the attention of antitrust enforcers. In addition, the U.S. DOJ recently gave notice that it will give particular focus to those receiving stimulus money.
Listen as our authoritative panel of antitrust attorneys reviews the risks of antitrust violations in the current enforcement environment, what can be learned from recent enforcement actions, and offers best practices for compliance and dealing with antitrust enforcers.
Outline
- Risks/enforcement environment
- Weaker internal training, prevention and detection efforts (to cut costs)
- Employees desperate to perform
- Less intense managerial scrutiny
- Vigorous enforcement under the new administration
- What prompts investigations
- Lessons learned from recent enforcement action
- Red flags
- Honest services fraud
- Recent enforcement
- Best practices for compliance
- Initiate/review monitoring and compliance programs
- Establish reporting and document management procedures
- Establish/review other internal controls
- Working with antitrust enforcers
Benefits
The panel will review these and other key questions:
- How has the combination of the economic downturn and the new administration brought additional risks for antitrust violations for businesses and their employees?
- What types of business activity are likely to trigger an investigation by antitrust enforcers?
- What are the best practices for companies and counsel to ensure antitrust compliance?
Faculty
J. Brady Dugan, Partner
Akin Gump Strauss Hauer & Feld, Washington, D.C.
He focuses on government investigations with a particular emphasis on criminal antitrust matters. He also has significant experience with the antitrust review of mergers and acquisitions. Before joining the firm, he served at the Department of Justice, where he led the investigation and prosecution of the international marine hose cartel. He also investigated and prosecuted white collar crimes.
Stephen B. Donovan, Chief Counsel - Antitrust
International Paper, Memphis, Tenn.
His responsibilities include oversight of global compliance efforts across a number of areas, including antitrust, anticorruption, import and export, and money-laundering. He has considerable experience in designing and implementing global compliance programs, training on multi-jurisdictional compliance topics, and conducting cross-border internal investigations.
Henry Thaggert, Senior Counsel, Antitrust
Northrop Grumman, Los Angeles
He advises the company’s business clients and the Corporate Strategy and Technology Group on proposed mergers and acquisition in the U.S. and abroad. He also oversees antitrust compliance programs for Northrop Grumman worldwide.
Mark R. Rosman, Assistant Chief
U.S. Department of Justice, Antitrust Division, Washington, D.C.
Since 2004, he has served as the Assistant Chief of the National Criminal Enforcement Section of the U.S. Department of Justice's Antitrust Division. He is the lead attorney of the Division's Air Transportation price fixing investigation, resulting in over 1.6 billion dollars in fines. From 2002-04, he served as a Special Assistant to the Directors of Enforcement for the Antitrust Division.
Ordering
Online CLE - Audio Recording
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CLE:
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Includes full event recording plus handouts (available after live seminar).
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Customer Reviews
Content was excellent.
Jonelle Burnham
Kimberly-Clark
Very well-organized.
Kerin Coughlin
Constantine Cannon
The seminar provided great examples to correspond with the subject matter.
Susan Gray
Hanesbrands Inc. - Law Dept.
The hypotheticals presented were very useful and well written for the topic. Strafford is becoming one of my best sources for practical online CLE. Strafford panelists consistently provide valuable presentation materials applicable to my work.
David Laing
Baker & McKenzie
Very good. Gave me exactly what I wanted. The questions I emailed in were handled thoroughly.
James J. Long
Briggs & Morgan
Antitrust Law Advisory Board
Partner
Skadden Arps Slate Meagher & Flom
Partner
Fenwick & West
Shareholder
Greenberg Traurig
Partner
Foley & Lardner
Partner
Mayer Brown
Shareholder
Briggs and Morgan
Partner
Hogan Lovells
Partner
Jones Day
Partner
Akin Gump Strauss Hauer & Feld
Partner
Kaye Scholer
Partner
Gibson Dunn & Crutcher
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