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Antitrust and Consumer Law Section Newsletter April 2007
From the Section Co-Chairs Sondra L. Mills and Maribeth Petrizzi We are looking ahead to many exciting events for the coming spring session. We are pleased to report that four of the programs in the chronological list that follows originate with the section’s Antitrust and Consumer Law Committees. A May 3 teleconference will focus on health insurance plans with high deductibles, and asks whether such plans are illusory and require local regulation. On May 22, a panel will discuss Internet pharmacies, including issues of drug safety these arrangements may raise. A June 19 program on receiverships in fraud cases is of great interest to consumer lawyers, because courts frequently appoint receivers to marshal and preserve assets in consumer fraud cases. These three programs represent the first in a new series the Section is launching, “Special Topics in Consumer Law,” to highlight recent developments in consumer protection. For antitrust practitioners a June 7, evening event will be preceded by a wine and cheese reception, and focus on the controversies surrounding state antitrust enforcement. The section is also planning outreach activities, the success of which will depend on the involvement of section members. Please read on and get in touch if you can be of any assistance. Our goal is to make the section responsive to the professional interests and needs of members, so we welcome your participation. We look forward to hearing from you! Back to Top Upcoming Section Events Mentoring: Lawyer Professional Advancement April 10, 2007 Noon–2:00 pm, D.C. Bar Conference Center Get practical guidance on developing strong workplace relationships, designing mentoring programs, and training in mentoring skills. Learn about the connection between mentoring and retaining talented professionals; the roles and responsibilities of mentors and mentees; building a network of mentors; and, developing a mentoring culture. Panelists: Ida Abbott, Esq., Ida Abbott Consulting; Caren Stacy, director of professional development, Arnold & Porter; and Rena Cervoni and Jeanne Svikhart, assistant directors, Office of Attorney Recruitment and Management, U.S. Department of Justice. Moderator: James Sandman, Esq., D.C. Bar president and senior partner, Arnold & Porter, Washington D.C. Back to Top Emerging Issues with Corporate Privilege Waivers April 17, 2007 Noon–1:30 pm, Crowell & Moring This panel will discuss U.S. Department of Justice policies toward privilege waivers in criminal investigations and the proposed Attorney-Client Privilege Protection Act of 2006. In 2003, the so-called Thompson Memorandum set out a Justice Department policy to seek corporate waivers of attorney-client privilege in return for leniency in prosecutions. The proposed legislation would prohibit implementation of that policy. In December 2006, a memorandum by Deputy Attorney General Paul J. McNulty revised the DOJ policy. The panel will discuss the proposed legislation, the DOJ memoranda, the current state of attorney-client privilege waivers in criminal investigations, and the advancement of individuals’ attorney’s fees by corporations. Off-The-Record Teleconference: The Risks of High Deductible Health Plans: Is D.C. Consumer Protection Legislation Needed? May 3, 2007 12:30 pm EDT, call-in information provided upon registration Professor Michele Melden’s article, accessible here, suggests state legislation to protect against illusory benefits and other risks of high deductible health plans (HDHPs). A California statute, for example, prohibits customer payments that exceed a certain percentage of claims. Ms. Melden suggests applying such protections against HDHPs by taking into account the full extent of cost-sharing – not just premiums but the deductible and co-payments. She will participate in this telephone conference to discuss her recommendations. A possible follow-up to the program may be for a sub-committee of volunteers to evaluate and report on whether Speakers: Michele Melden, assistant professor of law, Thomas Jefferson School of Law, San Diego, CA; Randall R. Bovbjerg, JD, principal research associate, Health Policy Center, The Urban Institute. Moderator: Don Resnikoff, senior assistant attorney general, D.C.. Back to TopEffective Writing for Lawyers Workshop May 11, 2007 9:30 am–4:30 pm, D.C. Bar Conference Center This essential course will show how to recognize and correct common writing problems. Through interactive exercises, you will learn how to fix those problems and to make dull, bureaucratic language clear and concise. Participants will learn how to think about the writing process, untangle sentences, and edit, and will be given 10 tips for turning ordinary writing into crisp, sharp, and convincing prose. Jody Beck and Carol Guensburg of Writewell will teach the course. Emerging Issues in Internet Pharmacies and Online Prescribing of Drugs May 22, 2007 Noon – 2:00 pm, D.C. Bar Conference Center The number of Internet pharmacies has grown exponentially, attracting consumers with the relative speed, simplicity, and privacy of online prescribing. This growth, however, has heightened concerns about drug safety and abuse and raised numerous legal issues. This program will examine the business models employed by online pharmacies, the legal framework under which they are regulated, and law enforcement actions and court decisions relating to the use of the Internet in prescribing and dispensing drugs. Practice Before the District of Columbia Office of Administrative Hearings May 23, 2007 12:00 pm to 2:00 pm, D.C. Bar Conference Center In 2004, the Office of Administrative Hearings assumed jurisdiction
of hearings in over 25 distinct areas that formerly were conducted by
other D.C. agencies, boards and commissions, including the Department
of Consumer and Regulatory Affairs and the Department of Banking and
Financial Institutions. The OAH chief judge, deputy chief, and the principal
judge assigned to rental housing cases will discuss OAH jurisdiction
and procedures, and the future of OAH. Introduction to Key Antitrust and Tax Issues in Health Law May 24, 2007 6:00 pm–9:15 pm, D.C. Bar Conference Center This course will survey key antitrust and tax issues for institutional health care providers. The antitrust discussion will cover joint contracting by providers, hospital responses to physician ownership of surgery centers and specialty hospitals, joint buying groups, and FTC hospital merger enforcement. The tax discussion will address qualifying for and maintaining nonprofit and tax-exempt status, unrelated business activities, intermediate sanctions, charity care, joint ventures, governance issues, and current IRS and congressional activity. Panelists: Thomas K. Hyatt, Ober Kaler Grimes & Shriver, and Robert C. Jones, Jones Day. Back to Top Local Government Antitrust Enforcement June 7, 2007 After a wine and cheese reception, this program will address the value of local antitrust enforcement in the District and elsewhere. A D.C. antitrust enforcement official and a private practitioner will describe D.C. antitrust enforcement activities and discuss local enforcement issues. Topics will include, for example, whether D.C. citizens really need the D.C. government to pursue matters like the Microsoft litigation that could be left to the federal government; the fairness of financial recoveries to states that may be cumulative of private and federal recoveries; the need to fix the crazy quilt of state Illinois Brick repealers; state government hiring of private law firms to bring cases that resemble private class actions without the procedural protections. Court-Appointed Receiverships in Fraud Cases: Legal and Practical Considerations June 19, 2007 Noon to 2:00 pm, D.C. Bar Conference Center Courts frequently appoint receivers to marshal and preserve assets in consumer and securities fraud cases. The panel will examine issues related to these receiverships, including the rights, obligations, and authority of the receivers; the use of forensic accounting, computer, and digital forensic analyses and procedures; and receiverships as a tool to combat fraud. Panelists: Peter Zlotnick, Esq., partner, Mintz Levin Cohn Ferris Glovsky and Popeo; Hernan Serrano, director, Recovery and Reorganization Practice of Grant Thornton, LLP; Dana Lesemann, Esq., vice president and deputy general counsel, Stroz Friedberg, LLC; and, Stephen Gurwitz, Esq., senior trial counsel, FTC. Moderator: Sondra L. Mills, trial attorney, U. S. Department of Justice. Back to Top Recap of Recent Section Events Brad Snyder, an author and lawyer, spoke about Curt Flood and his antitrust
attack on major league baseball’s reserve clause, a case that
reached the Supreme Court. Kevin McDonald of Jones Day and John Schmidtlein
of Williams & Connolly addressed antitrust and sports law issues,
with steering committee member Mike McNeely acting as moderator. Antitrust Law Committee Report Claudia Higgins and Laura A. Wilkinson The Antitrust Law Committee takes advantage of the local availability of antitrust enforcement officials and antitrust experts to provide educational programs, and keeps members updated on issues that are important to this practice area. Please contact Antitrust Committee Chairs Laura Wilkinson (laura.wilkinson@weil.com) and Claudia Higgins (CHiggins@kayescholer.com) if you would like more information or are interested in becoming involved in any of the committee’s activities. Back to Top Consumer Law Committee Report Ron Isaac The Consumer Law Committee performs community outreach and consumer education, conducts attorney training in consumer law, presents programs on consumer topics, and makes recommendations on policy matters that affect D.C. consumers. Contact Consumer Committee Chair, Ron Isaac (risaac@ftc.gov) if you would like more information, or are interested in becoming involved in any of the committee’s activities. Back to Top Volunteer and Outreach Opportunities Bennett Rushkoff, Section Outreach Coordinator
Steering Committee Roster The steering committee members and their responsibilities are as follows: Sondra Mills – Cochair sondra.mills@usdoj.gov Maribeth Petrizzi – Cochair Robert Bloch – CLE Coordinator Marian Bruno - nominating committee chair Claudia Higgins – Antitrust Law Committee cochair Ron Isaac – Consumer Law Comm. chair Mike McNeely – DC Practice Manual Coordinator mcneelylaw@mac.com Don Resnikoff – Internet coordinator Laura Wilkinson – Antitrust Law Committee Cochair |
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