Law Seminars International Presents

An Important New Two-Day Conference On

International Cartels

New techniques for investigation and litigation of foreign cartels: how to detect them, and factors to consider, before initiating action

September 7 & 8, 2006
Jurys Washington Hotel in Washington, DC
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Who Should Attend

Corporate and trial lawyers, economists, corporate executives, and government officials interested in the impact that international cartels have upon legal and economic policies

Why Attend

Emerging free market economies and the global market require a new look at international anti-cartel enforcement. The U.S. government's rate of amnesty applications is at an all-time high, and in turn, there are an increasing number of cartel convictions. However, there are still cartel members who continue to conduct business illegally. Detecting this cartel activity and deciding what action to take is an increasing concern for antitrust practitioners. Antitrust lawyers are more involved in counseling and litigating such cases, and need to understand not only the laws and regulatory environment where foreign cartels operate, but also international regulations and business practices. This program will provide attorneys with the tools for detecting foreign-based cartels, and with facts to consider before taking action. It will provide an understanding of factors leading to increased international cartel activity and new techniques for investigations and litigation. The conference faculty will discuss recent enforcement and will look ahead at policies that might change business in the future. ~ Program Co-Chairs: Willie L. Hudgins, Jr., Esq. and William A. Isaacson, Esq.

What You Will Learn

* Detecting cartel activity * Deciding what action to take and when * Understanding international and business practices * National and international cartel regulation, and significant enforcement actions * Policies that might change business in the future * New techniques for investigation and litigation * Initiatives to recover damages: practical issues in discovery

Agenda

Thursday, September 07, 2006
8:30 am Introduction & Overview
  Willie L. Hudgins, Jr., Esq., Program Co-Chair
 Kelley Drye Collier Shannon / Washington, DC
  William A. Isaacson, Esq., Program Co-Chair
 Boies, Schiller & Flexner LLP / Washington, DC
8:45 am Who in American Industry Should Be Looking Out for What?
  Training the purchasing department: flags in terms of pricing or conduct that signal international coordinating; procedures for acting on information that points to fertile ground for further investigation
  William A. Isaacson, Esq., Program Co-Chair
 Boies, Schiller & Flexner LLP / Washington, DC
  Factors to consider in deciding whether to take action; the options and tips for evaluating the best one to pursue
  Steven M. Edwards, Esq.
 Hogan & Hartson LLP / New York, NY
  Deterring bidder collusion through auction and procurement design: auctioneers and procurement agents have a number of measures they can implement to inhibit misconduct
  Robert C. Marshall, Ph.D., Partner
 Bates White, LLC / Washington, DC
10:15 am Break
10:30 am What American Companies Need to Know about Laws and Regulatory Institutions for Cartel Enforcement in the EU and Asia
  The EU
  Donald C. Klawiter, Esq.
 Morgan, Lewis & Bockius LLP / Washington, DC
  Cartel regulation in Japan and other Asian countries with established antitrust-law regimes
  George L. Paul, Esq.
 White & Case LLP / Washington, DC
  China as an emerging free market economy: is it developing anti-monopoly controls keeping step with its growing footprint in the world economy?
  Abbott (Tad) B. Lipsky, Esq.
 Latham & Watkins LLP / Washington, DC
12:15 pm Lunch (On Your Own)
1:30 pm Significant Recent Enforcement Actions and Their Implications
  Amnesty programs under the 2004 Antitrust Criminal Penalty Enhancement and Reform Act: what to do if your client wants to start the race for leniency; what to do if one of your competitors starts the race
  Daniel A. Sasse, Esq.
 Crowell & Moring LLP / Irvine, CA
  The EU Response: leniency programs and other developments
  Howard T. Rosenblatt, Esq.
 Howrey LLP / Brussels, Belgium,
  Meeting the Empagran standards for showing a significant direct impact on U.S. commerce
  Michael D. Hausfeld, Esq.
 Cohen, Milstein, Hausfeld & Toll P.L.L.C. / Washington, DC
3:15 pm Break
3:30 pm Special Address: A Regulator Speaks on Future U.S. Policy Priorities for Antitrust Enforcement in the Global Arena
  DOJ: Trends in the evolution of international anti-cartel enforcement; the growing emphasis on individual accountability through criminal penalties; new investigative and prosecutorial techniques
  Scott D. Hammond, Esq., Deputy Assistant Attorney General for Criminal Enforcement
 Antitrust Division of the Department of Justice / Washington, DC
4:15 pm From OPEC through Degrees of Indirect Government Involvement: At What Point is there Enough Government Involvement to Thwart Antitrust Enforcement of Cartel Activity?
  Review of cases in which government action has successfully and unsuccessfully been used as a defense; implications for cases against Chinese companies
  MJ Moltenbrey, Esq.
 Freshfields Bruckhaus Deringer LLP / Washington, DC
5:00 pm Reception for Faculty and Attendees Sponsored by Boies, Schiller & Flexner LLP and Kelley Drye Collier Shannon

Friday, September 08, 2006
8:00 am Registration and Continental Breakfast
8:30 am Follow-on Cases: State and Private Action to Recover Damages for Indirect Purchasers Under State Law, and Their Interplay with Federal Enforcement
  State authority and initiatives to recover damages for local consumers
  Richard L. Schwartz, Esq., Assistant Attorney General
 Office of the Attorney General of New York - Antitrust Bureau / New York, NY
  The interplay between government and public competition laws
  David A. Balto, Esq.
 Robins, Kaplan, Miller & Ciresi L.L.P. / Washington, DC
  Plaintiff's Perspective
  Merril J. Hirsh, Esq.
 Ross, Dixon & Bell, LLP / Washington, DC
  Defendant's perspective
  Daniel M. Wall, Esq.
 Latham & Watkins LLP / San Francisco, CA
10:30 am Break
10:45 am The Impact International Regulations Will Have on Cartel Activity in the Future: International Cartel Issues Pending Before the Antitrust Modernization Commission
  U.S. policies toward foreign cartels: a forecast
  Albert A. (Bert) Foer, President
 American Antitrust Institute / Washington, DC
  Post-Illinois Brick: what, if any, action should Congress take in response to the growth of state indirect purchaser cases after the Supreme Court's decision in Illinois Brick?
  Jonathan M. Jacobson, Esq.
 Wilson Sonsini Goodrich & Rosati PC / New York, NY
  What policy changes can we expect that would facilitate further coordination between US and foreign antitrust authorities
  David A. Clanton, Esq.
 Baker & McKenzie LLP / Washington, DC
12:15 pm Lunch (On Your Own)
1:30 pm Case Study: Practical Issues in Discovery
  Plaintiff's lawyer's perspective
  William J. Blechman, Esq.
 Kenny Nachwalter, P.A. / Miami, FL
  A Special Master for the Vitamins Antitrust Litigation speaks
  Stephen J. Pollak, Esq.
 Goodwin Procter LLP / Washington, DC
3:00 pm Evaluations & Adjourn

Tuition

Regular tuition for this program is $995 with a group rate of $895 each for two or more registrants from the same firm. For government employees, we offer a special rate of $795. For students and people in their job for less than a year, our rate is $497.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Friday, September 1, 2006. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

This program qualifies for 11.5 VA CLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The conference will be held at the Jurys Washington Hotel at 1500 New Hampshire Avenue, N.W in Washington, DC 20036. Call the hotel directly at (202) 483-6000 for reservations at the special negotiated rate of $189 and mention that you are attending a Law Seminars International conference. Rooms are on a first come, first served basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Willie L. Hudgins, Jr., Program Co-Chair, partner at Kelley Drye Collier Shannon's Antitrust Group, helps companies analyze acquisitions and market practices in compliance with antitrust regulations, and has handled some of the largest merger antitrust cases in U.S. history.

William A. Isaacson, Program Co-Chair, partner at Boies, Schiller & Flexner LLP, focuses on commercial litigation, class actions, and arbitration, and wrote Antifederalism Revisited.

David A. Balto, partner at Robins, Kaplan, Miller & Ciresi L.L.P., focuses on antitrust and trade regulation and intellectual property litigation.

William J. Blechman, partner at Kenny Nachwalter P.A., focuses on antitrust actions and has written Standing of Indirect Purchasers Under the Florida Deceptive and Unfair Trade Practice Act and Whistleblowers Profit, Companies Pay.

David A. Clanton, Chairman of Baker & McKenzie LLP's Global Antitrust Group, represents clients on a wide range of antitrust matters, and was Commissioner and Acting Chairman of the Federal Trade Commission, coordinated publication of The Global Merger Notification Handbook and is in The Best Lawyers in America.

Steven M. Edwards, partner at Hogan & Hartson LLP, focuses on antitrust, securities, intellectual property, insurance, and commercial disputes, and has handled antitrust cases and regulatory work for major international corporations. Mr. Edwards served as President of the Federal Bar Council from 1998 to 2000 and served as chair of the Antitrust Section of the New York State Bar from 2001-2002.

Albert A. (Bert) Foer, founder and president of the American Antitrust Institute, monitors the Antitrust Modernization Commissions and is Assistant Director and Acting Deputy Director of the Federal Trade Commission's Bureau of Competition.

Scott D. Hammond, Deputy Assistant Attorney General for Criminal Enforcement for the U.S. Department of Justice's Antitrust Division, is responsible for the Division's nationwide litigation and criminal investigations.

Michael D. Hausfeld, member of Cohen, Milstein, Hausfeld & Toll, P.L.L.C.'s Antitrust and International practice groups, is listed among Washington's 75 best lawyers by Washingtonian Magazine.

Merril J. Hirsh, partner at Ross, Dixon & Bell, LLP, litigates on both the plaintiff and defense sides in antitrust, IP, insurance, securities, corporate, discrimination, class action and false claims actions. Previously, Mr. Hirsh was a Trial Attorney in the Civil Division of the U.S. Department of Justice.

Jonathan M. Jacobson, partner at Wilson Sonsini Goodrich & Rosati PC, represents major corporate clients in high-profile antitrust matters, is editorial chair of ABA's Antitrust Law Developments, and was on the Antitrust Modernization Commission.

Donald C. Klawiter, partner in Morgan, Lewis & Bockius LLP's Antitrust Group, defends corporations and executives in antitrust criminal and civil investigations, is Chair of the ABA's Section of Antitrust Law.
Full bio and contact info for Donald C. Klawiter at Morgan, Lewis & Bockius LLP

Abbott (Tad) B. Lipsky, partner in Latham & Watkins LLP's antitrust group, worked within the Antitrust Division of the U.S. Justice Department, the Executive Office of the President, and as chief antitrust lawyer for Coca-Cola.

Dr. Robert C. Marshall, partner at Bates White, LLC, provides intellectual leadership in antitrust litigation, with particular expertise in antitrust liability and cartels. Dr. Marshall's publications include papers on collusive mechanisms, detecting bidder collusion, differential payments within a bidder coalition, and incentives in procurement contracting.
Full bio and contact info for Robert C. Marshall at Bates White, LLC

MJ Moltenbrey, partner at Freshfields Bruckhaus Deringer LLP's U.S. antitrust group, represents clients before the DOJ and FTC and in federal courts on mergers, civil and criminal conduct matters, and administrative proceedings.

George L. Paul, member of White & Case LLP's antitrust and litigation groups, counsels companies and individuals on criminal antitrust matters before international enforcement agencies.

Stephen J. Pollak, at Goodwin Procter LLP, focuses on antitrust, constitutional, labor law, civil rights, and ERISA, and has been the Special Master for Vitamins Antitrust Litigation.

Howard Rosenblatt, partner in the Brussels office of Howrey LLP, represents clients in all areas of competition law. One of the few Brussels practitioners with expertise in both EC and US competition law, Mr. Rosenblatt regularly practices before the European Commission, the Federal Trade Commission and the US Department of Justice. He focuses on cartel and other investigations by multiple enforcement authorities.

Daniel A. Sasse, partner at Crowell & Moring LLP practicing antitrust cartel litigation, focuses on the full range of mergers, acquisitions, joint ventures, trade association law, cartel enforcement, the Robinson-Patman Act, the Hart-Scott-Rodino Act, and the interaction of antitrust laws and intellectual property.

Richard L. Schwartz, Assistant Attorney General for New York State's Antitrust Bureau, litigated Hartford Fire Ins. Co. v. California; New York v. Kraft General Foods, Inc.; and State of New York et al. v. Microsoft Corp., consolidated with United States v. Microsoft Corp., and been involved in antitrust claims asserted against foreign firms accused of participation in price-fixing cartels.

Daniel M. Wall, partner at Latham & Watkins LLP, Chair of Global Antitrust and Competition Practice Group, was the defendant's lead trial counsel in United States v. Oracle Corp. noted by the National Law Journal as the "Top Defense Win of 2004."

Firm Links

Bates White, LLC
Morgan, Lewis & Bockius LLP
Robins, Kaplan, Miller & Ciresi L.L.P.