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Litigation Risk Management Series: International Antitrust and Competition Hot Buttons -- Important Developments from 2011 and Projections for 2012



Tuesday, February 28, 2012
Product Code - LGAU02
Speaker(s): Kirby D. Behre, Paul Hastings LLP; Michael P. A. Cohen, Paul Hastings LLP; C. Scott Hataway, Paul Hastings LLP
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Antitrust and global competition practice experts will review antitrust law developments from around the world that companies need to know from 2011 and highlight key considerations for 2012 in the antitrust areas of merger control, cartel enforcement and private litigation.

Educational Objectives:

• Learn about government enforcement - U.S. agency trends and developments.

• Understand cartel enforcement - The U.S. year in review.

• Understand private litigation in this area - the year's highlights and watchlist.

Department of Justice Antitrust Division cartel enforcers collected more than $1 billion in criminal fines and restitution penalties last year, primarily from multi-national companies. The Antitrust Division also suffered some setbacks in its cartel enforcement efforts. Paul Hastings partner and former Assistant United States Attorney Kirby Behre will review 2011's banner developments and forecast cartel enforcement for 2012.

Last year the Antitrust Division faced down AT&T's $39 billion attempt to acquire T-Mobile and went to court to block a merger for the first time since Oracle-Peoplesoft in 2004, successfully obtaining an injunction for the first time in decades. Paul Hastings partner and former U.S. Department of Justice Antitrust Division Trial Attorney C. Scott Hataway will review the merger control resurgence from 2011 and discuss the merger review climate for 2012.

Finally, 2011 saw continued controversial expansion of U.S. antitrust laws to foreign conduct in private sector disputes in the United States. Paul Hastings Anitrust and International Competition Practice Group Chair Michael Cohen will review these and other litigation developments to watch from 2011 and 2012.

Program Level: Intermediate

Kirby D. Behre, Paul Hastings LLP; Michael P. A. Cohen, Paul Hastings LLP; C. Scott Hataway, Paul Hastings LLP

Kirby D. Behre, Paul Hastings LLP
Kirby Behre, a partner in Paul Hastings Litigation practice, is a former federal prosecutor and trial lawyer who has practiced criminal, civil and government contract law for the past 25 years. Mr. Behre has represented and defended corporations and individuals in civil and criminal investigations of alleged business crimes and civil fraud, including securities fraud, Foreign Corrupt Practices Act violations, antitrust violations and government contract fraud. Mr. Behre co-chairs the firm's e-discovery practice, and has a particular emphasis concerning e-discovery as it relates to government investigations.

Mr. Behre earned a J.D. from Georgetown University Law Center, and a B.A. from George Washington University.

Michael P. A. Cohen, Paul Hastings LLP
Michael P. A. Cohen is an Antitrust and Competition partner in the Litigation Department of Paul Hastings, where he chairs the Global Competition practice. For the past twenty years his practice has focused on antitrust, trade regulation and competition law, excepting his service as an assistant special prosecutor pursuing criminal convictions in connection with financial institution failures in the early 1990s.

Mr. Cohen's practice covers criminal and civil antitrust and trade regulation matters, including district court and appellate litigation, as well as merger and non-merger investigations before the United States Department of Justice and Federal Trade Commission.

Mr. Cohen earned a J.D. from Washington & Lee University School of Law and a B.A. from Virginia Tech.

C. Scott Hataway, Paul Hastings LLP
Scott Hataway is an Antitrust and Competition partner in the Litigation Department of Paul Hastings, where he specializes in competition and trade regulation matters. His areas of expertise include merger, civil nonmerger, and criminal antitrust counseling; district court and appellate litigation; and advocacy before the Department of Justice, the Federal Trade Commission, and international enforcement agencies. Mr. Hataway also practices before the Committee on Foreign Investment in the United States (CFIUS), and actively counsels on the propriety of seeking national security review.

Mr. Hataway earned a J.D. from Washington & Lee University School of Law and a B.A. from Southwest Baptist University.

This program is CLE-credit eligible.

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 Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

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 Subscriber - OnDemand format $199
• Non-Subscriber - OnDemand format $249
• CD recording of program $199 (Subscriber and Non-Subscriber)

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