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Better Safe than Sorry: Antitrust Compliance in an Era of Aggressive Enforcement


Product Code - LGA220
Speaker(s): Robert F. Leibenluft, Hogan Lovells; Benjamin F. Holt, Hogan Lovells; Justin W. Bernick, Hogan Lovells
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The consequences of antitrust violations can be severe for corporations and for individuals. Those who are targeted by government enforcers or antitrust plaintiffs face enormous costs in time and money, fines or treble damages, and potentially jail time. The U.S. Department of Justice Antitrust Division and the Federal Trade Commission aggressively pursue civil antitrust investigations, the total amount of criminal fines in the U.S. continues to increase every year, and both civil and criminal investigations regularly spur private lawsuits that can result in enormous settlements or verdicts. In the current landscape, few can deny that antitrust compliance is a critical issue for virtually every company.

An antitrust compliance program can help a company reduce its antitrust risk by preventing violations and, if a violation does occur, quickly identifying it and taking appropriate steps to respond. But crafting an effective compliance program can be challenging. Effective antitrust compliance requires management “buy-in” and substantial resources, at a time when organizations face numerous compliance concerns and have little resources to spare. Although they regularly emphasize the importance of antitrust compliance, U.S. antitrust enforcers have provided little in the way of practical guidance for companies seeking to design and maintain compliance programs.

The faculty presenting this program will address the importance of antitrust compliance and assist practitioners in thinking through the best ways to tailor an effective compliance program to different organizations facing different issues.

Educational Objectives

• Understand the importance of antitrust compliance and how to convey that importance to the business people who may encounter antitrust issues in the execution of their daily jobs.
• Learn the key elements of an effective antitrust compliance program and what substantive subjects should be covered.
• Discover how to tailor an antitrust compliance program to individual situations and how to balance the needs of an effective compliance program with practical limitations on resources and time available for antitrust compliance.

Who would benefit most from attending this program?

Antitrust practitioners and in-house attorneys who advise company management regarding compliance or antitrust counseling matters.

Program Level: Intermediate

Credit Available: CLE. For additional information, please see the “CLE Credit” tab.

Robert F. Leibenluft, Hogan Lovells; Benjamin F. Holt, Hogan Lovells; Justin W. Bernick, Hogan Lovells

Robert F. Leibenluft, Hogan Lovells
Robert Leibenluft is a partner in Hogan Lovells’ Antitrust, Competition, and Economic Regulation practice. His practice is devoted to health and antitrust matters, including counseling and litigation regarding antitrust issues involving hospitals, physicians, health plans, drug and medical device manufacturers, and other entities in the health care sector. Mr. Leibenluft previously worked as an attorney advisor in the Federal Trade Commission (FTC)'s Office of Policy Planning, concentrating on health and antitrust matters, and served as Assistant Director for Health Care in the FTC's Bureau of Competition.

Mr. Leibenluft is a former Chair of the ABA Antitrust Section Joint Conduct Committee, Health and Pharmaceuticals Committee and State Enforcement Committee. He writes and lectures extensively on antitrust and health law topics. He is a co-author of Antitrust Compliance, published by Bloomberg BNA as part of the Corporate Practice Series.

Mr. Leibenluft earned a J.D. from the University of California, Berkeley (Boalt Hall School of Law), where he was a member of the Order of the Coif, and a B.A., magna cum laude, from Yale University. He is admitted to practice in the District of Columbia.

Benjamin F. Holt, Hogan Lovells
Benjamin Holt is a partner in Hogan Lovells’ Antitrust, Competition, and Economic Regulation practice. He concentrates on antitrust litigation and investigations and antitrust counseling. Mr. Holt has litigated a wide range of antitrust and competition issues pertaining to mergers and acquisitions, allegations of price fixing, market allocation, vertical and horizontal agreements, and monopolization. He also routinely counsels clients on antitrust and competition issues arising from business arrangements and disputes as well as general compliance with federal and state antitrust laws. He is a co-author of Antitrust Compliance, published by Bloomberg BNA as part of the Corporate Practice Series.

Mr. Holt earned a J.D. from Georgetown University Law Center and a B.A. from the University of Virginia. He is admitted to practice in Virginia and Washington, D.C. as well as before various federal courts.

Justin W. Bernick, Hogan Lovells
Justin Bernick is an associate in Hogan Lovells’ Antitrust, Competition, and Economic Regulation practice. He focuses on antitrust litigation and antitrust clearance of mergers and acquisitions and other government investigations. Mr. Bernick routinely counsels clients on various antitrust issues including compliance with the Sherman Act, the Federal Trade Commission Act, and the Hart-Scott-Rodino Act and assists clients in responding to subpoenas, civil investigative demands, second requests, and other government requests for information. He is a co-author of Antitrust Compliance, published by Bloomberg BNA as part of the Corporate Practice Series.

Mr. Bernick earned a J.D. and a B.A. from the University of Virginia and later clerked for the Honorable Robert G. Doumar of the U.S. District Court for the Eastern District of Virginia. He is admitted to practice in Virginia, Washington D.C., and before various federal courts.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
For information regarding Bloomberg BNA’s Hardship Policy, please visit the Continuing Education Information page.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.