Antitrust, UCL and Privacy Section

News from the Section

The Antitrust, UCL and Privacy Section of the State Bar of California is pleased to honor Paul R. Griffin as the 2016 Antitrust Lawyer of the Year

Paul GriffinThe award will be given at the 2016 Golden State Institute, Thursday, November 3, 2016, in San Francisco.

Paul Griffin, a “San Francisco Tier 1 antitrust lawyer,” according to U. S. News & World Report, is a partner in Winston & Strawn’s San Francisco office.  Paul is part of the Winston antitrust group which was awarded “2015 Team of the Year” in Cartel Defense by The Legal 500 and is “Highly Recommended” by Global Competition Review.  Before joining Winston where he has served as global antitrust Co-Chair, he served as Chair and Vice Chair of the antitrust practices at the Pillsbury and Thelen firms, respectively.

For more information, see Antitrust Lawyer of the Year.

Webinar: Cybersecurity and Civil Enforcement Issues and Trends

Thursday, June 30, 2016, 12 noon - 1:30 p.m.

This program offers 1.5 hours participatory MCLE credit. You must register in advance to participate.

In light of recent enforcement actions, this panel will address key cybersecurity issues from the regulators’ perspective. Representatives from the SEC, FTC and California Attorney General’s Office of Privacy Education and Policy will discuss and provide insights on recent civil enforcement issues including recommended steps to promote reasonable cybersecurity and avoid civil enforcement actions.

Moderator: Mark Krotoski, Morgan, Lewis & Bockius LLP

Speakers:

  • Kristin J. Madigan, Division of Privacy and Identity Protection, Federal Trade Commission
  • Joanne McNabb, Director of Privacy Education & Policy, California Attorney General’s Office
  • Kristin Snyder, Head of Examinations Program, SEC San Francisco Regional Office

Webinar: Transparency in Supply Chains Litigation: Plaintiff, Defense and Human Rights Perspectives

Thursday, July 28, 2016, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

Counsel for the Plaintiff and Defendants in the Sud v. Costco et al. litigation will discuss recent consumer class actions asserting UCL and FAL claims related to alleged human rights violations in corporate supply chains.  Joining the discussion will be a labor rights leader and activist.  The speakers will discuss the evolution of supply chain litigation and the use of California’s Transparency in Supply Chain Act of 2010 as a predicate act under the UCL, as well as consumer and corporate viewpoints regarding the need for transparency and the level of transparency that can be achieved.

Moderator: Jill Manning, Steyer Lowenthal Boodrookas Alvarez & Smith LLP

Speakers:

  • Anne Marie Murphy, Cotchett, Pitre & McCarthy
  • Craig Stewart, Jones Day
  • Auret Van Heerden, Institute for Social and Environmental Responsibility

Save the Date! 26th Annual Golden State Antitrust, UCL and Privacy Law Institute & Antitrust Lawyer of the Year Reception and Dinner

Presented by The State Bar of California Antitrust, UCL and Privacy Section

November 3, 2016

The Julia Morgan Ballroom
Merchant Exchange Bldg., 15th Floor
465 California Street
San Francisco, CA

More details will be provided at Golden State Institute when the date draws nearer.

Ninth Circuit Affirms Personal Liability of Former President of Online Marketer Under Section 5 of FTC Act; Remands for Determination of Joint and Several Liability

In 2009, the FTC sued Commerce Planet and three of its top officers, including its former president Charles Gugliuzza, under Section 5 of the FTC Act, seeking a permanent injunction and restitution for Commerce Planet’s deceptive and unfair business practices arising from its online marketing of a website-hosting service called “OnlineSupplier.” (Fed. Trade Comm’n v. Commerce Planet, Inc., 815 F.3d 593, 596–97 (9th Cir. 2016); see Compl., Fed. Trade Comm’n v. Commerce Planet, Inc., No. 09-1324 (C.D. Cal. Nov. 10, 2009). Read more.

Second Circuit Reinstates Antitrust Claims Against Defendant Banks for Manipulating Libor

On May 23, 2016,  the Second Circuit Court of Appeals in Gelboim v. Bank of Am. Corp., 2016 U.S. App. LEXIS 9366 (2nd Cir. May 23, 2016) reversed a 2013 ruling dismissing Appellants’ antitrust claims against sixteen of the world’s largest banks (“the Banks”).  Appellants, comprised of various individuals and entities that held diverse financial instruments with the Defendant Banks, alleged that the Banks colluded to depress the London Interbank Offered Rate (“LIBOR”) by violating the rate-setting rules, and that the rate of return associated with the various financial instruments pegged to LIBOR was therefore lowered as a result of the Banks’ manipulation. Read more.

Antitrust and Consumer Protection Claims Upheld in Indirect Purchaser Titanium Dioxide Price-Fixing Case

In Harrison v. E.I. Dupont De Nemours & Co., 2016 U.S. Dist. LEXIS 77465, N.D. Cal. case no. 13-cv-1180 (June 13, 2016), the Hon. Beth Labson Freeman denied defendants’ motion to dismiss the indirect purchasers third amended class action complaint. 

Plaintiffs alleged that defendants conspired to fix the prices of titanium dioxide sold in the United States.   Titanium dioxide is an ingredient used in many products including paint.   Plaintiffs, purchasers of “architectural paint,” alleged claims under federal and state antitrust laws, state consumer protection laws, and common law.  Plaintiffs claimed that defendants conspired to fix the prices of titanium dioxide, and that they were injured by paying artificially inflated prices for architectural paint of which titanium dioxide was an ingredient.  Defendants moved to dismiss the third amended complaint (“TAC”) under Fed. R. Civ. Proc. 12(b)(1) and under Fed. R. Civ. Proc. 12(b)(6).  2016 U.S. Dist. LEXIS, * 3-5. Read more.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

California Antitrust and Unfair Competition Law, Revised Edition

California Antitrust and Unfair Competition Law, Revised EditionCheryl Lee Johnson, Editor-in-Chief

Gain authoritative understanding of California antitrust and unfair competition statutes, policies and issues with one-volume convenience. This treatise brings you up to speed on everything from horizontal combinations and vertical restraints to public enforcement of California antitrust laws and trial considerations.

You get full coverage of The Cartwright Act along with related California consumer and unfair competition laws, and how they apply to the health industry, regulated industries, the labor market, electronic media, the internet and other fields. Additionally, there are chapters covering damages, defenses to liability including exemptions and immunities, injunctive relief, class actions, attorney’s fees and costs, insurance issues, and much more. This publication includes contributions from over 120 highly experienced antitrust practitioners in both the private and government sectors, as well as the executive members of the Antitrust, UCL and Privacy Section of the California State Bar.

$260, 1 volume, loose-leaf, updated annually, Pub. #01577, ISBN 9780769856896

To order, call 800-223-1940 or visit the LexisNexis Store.

Contact Us

Antitrust & Unfair Competition Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2554
415-538-2368 fax