23rd Annual Golden State Institute

The State Bar of California Antitrust and Unfair Competition Law Section presents

Golden State Antitrust and Unfair Competition Law Institute
& Antitrust Lawyer of the Year Reception

October 24, 2013
The Julia Morgan Ballroom
Merchant Exchange Bldg.,15th Floor
465 California Street
San Francisco, CA

Earn 7 Hours Participatory MCLE Credit.

You can now Register Online for this program.

Sponsors | Antitrust Lawyer of the year | Schedule | Essential InformationPrintable Brochure | Mail/FAX Registration Form

Sponsors:

  • Barkley
    Court Reporters
  • Gilardi & Co.
  • KCC
  • NERA
    Economic Consulting
  • OSKR
  • Rust Kinsella
    Consulting | Media
  • ST. Francis
    Winery and Vineyards

2013 Antitrust Lawyer of the Year - Kathleen E. Foote

The Antitrust and Unfair Competition Law Section of the State Bar of California is pleased to honor Kathleen E. Foote as the 2013 Antitrust Lawyer of the Year. She has devoted the last 25 years of her career to public enforcement of our antitrust laws.

Senior Assistant Attorney General Kathleen Foote joined the California Department of Justice’s antitrust unit as a deputy attorney general in 1988, and has been its Antitrust Chief since 2001.

Litigation brought on behalf of the California Attorney General under her leadership includes successful state law challenges to tying arrangements and resale price maintenance schemes, and a groundbreaking federal challenge to asserted antitrust exemption of an employer profi tsharing agreement in California v. Safeway, for which she received California Lawyer magazine’s Lawyer of the Year award in 2011. Her team played a lead role in the Microsoft remedies case, and more recently in the TFTLCD and DRAM Indirect Purchaser multistate cases. She has led the State’s merger enforcement efforts in numerous industries including gasoline, banking, publishing and healthcare. Her post-settlement work in Levi-Strauss established a research institute on healthcare markets, and in Hartford Fire Ins. v. California an institute on public sector risk management, and she has pioneered the development of best practices for Cypress distributions in other major consumer settlements.

Kathleen is currently chair of the multistate Antitrust Task Force of the National Association of Attorneys General, which coordinates joint multistate and state-federal investigations and litigation. She serves on the Advisory Board of the American Antitrust Institute and has been named recipient of its annual Alfred Kahn Award for Antitrust Achievement for 2013. She is outgoing co-chair of the ABA Section of Antitrust Law’s State Enforcement Committee, and is a past Executive Committee member of the California State Bar’s Antitrust and Unfair Competition Law Section.

Schedule

8 a.m. - 9 a.m.

Registration & Continental Breakfast sponsored by Kurtzman Carson Consultants

8:30 a.m. - 8:45 a.m.

General Session
Welcoming Remarks

  • Kenneth R. O’Rourke – Incoming Section Chair
    O’Melveny & Myers LLP - Los Angeles, CA
  • Paul J. Riehle – Incoming Section Vice Chair, Golden State Institute
    Sedgwick LLP - San Francisco, CA

8:45 a.m. - 10:15 a.m.

Plenary Session #1
Legal Update: Recent Developments in Antitrust and Unfair Competition Law

This popular panel returns once again this year. Our dynamic speakers will provide an overview of recent California and federal developments in antitrust and unfair competition law.

  • Thomas A. Papageorge, Professor, University of San Diego School of Law, Special Prosecutor, San Diego County District Attorney’s Office - San Diego, CA
  • Thomas Greene, Special Litigation Counsel, Bureau of Competition of the Federal Trade Commission - San Francisco, CA
  • Hon. J. Thomas Rosch, Latham & Watkins LLP - San Francisco, CA

10:15 a.m. - 10:30 a.m.

Morning Break

Breaks sponsored by Barkley Court Reporters and OSKR, LLC

10:30 a.m. - 12:30 p.m.

Plenary Session #2: Trials
“Big Stakes” Antitrust Trials

For years, very few large antitrust cases went to trial let alone reached a jury verdict. That era has changed. We have witnessed an abundance of high stakes antitrust jury trials in the past couple of years. Last year, trial lawyers from two of these important cases, USA v. AU Optronics and Rambus v. Micron and Hynix, spoke to us about trial challenges they faced and how they addressed them. This year we are again very fortunate to have some of the country’s leading antitrust trial lawyers tell us about their recent trial experiences and, importantly, lessons they learned that will benefit litigators on both sides of a case as well as the in-house lawyers and clients overseeing antitrust litigation. The trials on our agenda for this year are:

In re Vitamin C Antitrust Litigation

In March 2013, a federal court jury in Brooklyn, New York, returned a $54.1 million verdict (trebled to $162.3 million) in favor of a class of vitamin C buyers. Plaintiffs claimed that the defendants, four Chinese producers of vitamin.C, conspired to fix prices and production levels for vitamin C exported to the United States. A key part of their defense was that their prices were set at the direction of the Chinese government.

In re TFT-LCD Antitrust Litigation / Direct Purchasers Class v. Toshiba

In July 2012, a San Francisco federal court jury found Toshiba liable for participating in an international price fixing cartel in violation of the Sherman Act. This trial was one of the first direct purchaser antitrust class actions to be tried to a jury in a long time. Plaintiffs claimed that Toshiba conspired with other international manufacturers to fix the prices at which LCDs were sold. The jury agreed, finding for the plaintiffs and awarding $87 million.

In re Urethanes Antitrust Litigation / Direct Purchasers Class v. Dow Chemical

In February 2013, a federal court jury in Kansas returned a verdict in favor of a class of purchasers of urethanes for $400 million (trebled to $1.2 billion). Post-trial motions and briefing are underway.

Co-moderators

  • Niall E. Lynch, Latham & Watkins LLP - San Francisco, CA 
  • Heather S. Tewksbury, U.S. Department of Justice, Antitrust Division

Panelists:

  • Robert E. Freitas, Freitas Tseng & Kaufman LLP – Redwood Shores, CA
  • Joseph Goldberg, Freedman Boyd Hollander Goldberg Urias & Ward PA- Albuquerque, New Mexico
    Co-Lead Plaintiffs’ Counsel for Direct Purchaser Class - Urethanes
  • William A. Isaacson, Boies Schiller & Flexner LLPWashington, D.C.
    Lead Trial Counsel for Plaintiffs Class of Direct Purchasers - Vitamin C
  • Daniel S. Mason, Zelle Hofmann Voelbel & Mason LLP - San Francisco, CA
    Lead Trial Counsel for Defendant Weisheng Pharmaceutical Co. Ltd. - Vitamin C
  • Bruce L. Simon, Pearson Simon & Warshaw LLP -San Francisco, CA
    Co-Lead Trial Counsel for Direct  Purchaser Class - LCD
  • Howard Varinsky, Varinsky & Associates - Emeryville, CA Jury Consultant - LCD

12:30 p.m. - 2 p.m.

Golden State Institute Luncheon

Welcoming Remarks by Dr. Alan Cox, Senior Vice President, NERA Economic Consulting

Luncheon Keynote Speaker: Hon. Goodwin Liu, Associate Justice of the California Supreme Court - San Francisco, CA

We are honored to have Justice Liu, the newest member of our state’s highest court, join us to present his keynote address.

2:15 p.m. - 3 p.m.

Plenary Session #3: Antitrust and IP
Reverse Payment Settlements

The U.S. Supreme Court issued a watershed ruling this summer on “reverse payment” settlements -- settlements of pharmaceutical patent litigation in which a branded drug company compensates a generic entrant to delay its entry into the market. In FTC v. Actavis, the Court held these agreements are to be analyzed using the Rule of Reason, not a presumption of unlawfulness or lawfulness.

Our distinguished panelists will discuss the Court’s opinion and what it means for litigation challenging these agreements, patent litigation settlements, and the pharmaceutical industry and beyond, as well as for the California Supreme Court’s decision in the pending Cipro case. Our panelists include the attorney who argued Actavis in the Supreme Court, the leading academician on the subject, trial counsel in Cipro and other class action challenges to reverse settlements, and is moderated by the attorney who filed the Actavis Case.

Moderator: Cheryl L. Johnson, Office of California Attorney General - Los Angeles, CA

Panelists:

  • Professor Michael A. Carrier, Rutgers Law School - Camden, NJ
  • J Douglas Richards, Cohen Milstein -New York, NY
  • Jeffrey I. Weinberger, Munger Tolles & Olson LLP - Los Angeles, CA

2:15 p.m. - 3 p.m.

Plenary Session #4: Unfair Competition Law and Consumer Legal Remedies Act
Class Certification Issues and Trial Techniques for UCL and CLRA Class Actions

This outstanding panel is comprised of lead plaintiffs’ and defense counsel from McAdams v. Monier, Inc., a UCL/CLRA trial that went to verdict earlier this year. The plaintiffs consisted of a certified class of 128,000 members who sought more $250 million. The trial court overturned a $7.4 million plaintiffs’ verdict after rejecting their expert’s testimony. Our panelists will discuss the issues they faced regarding class certification, as well as how they presented their liability case and damages and restitution theories. The panel includes the author of The Rutter Group’s UCL treatise and is moderated by the author of the “The UCL Practitioner” blog and plaintiffs’ oral advocate before the California Supreme Court in Brinker.

Moderator Kimberly Kralowec, The Kralowec Law Group - San Francisco, CA

Panelists:

  • Jeffrey B. Cereghino, Ram Olson Cereghino & Kopczynski LLP - San Francisco, CA
  • William L. Stern Morrison, Foerster LLP - San Francisco, CA

3:45 p.m. - 4 p.m.

Afternoon Break

Breaks sponsored by Barkley Court Reporters and OSKR, LLC

4 p.m. - 5:15 p.m.

Plenary Session #5: Judge's Panel
Class Certification Proceedings in Antitrust and Unfair Competition Law Cases

A distinguished group of state and federal judges will discuss certification of class actions and other pretrial and trial proceedings in complex litigation. The focus will be their “real world” experiences and practice pointers. This is a unique opportunity to learn directly from these highly experienced state and federal judges who adjudicate major class actions, antitrust and unfair competition cases, and other complex business litigation.

Moderator: Penny Preovolos, Morrison & Foerster LLP - San Francisco, CA

Panelists:

  • Hon. Marsha S. Berzon, U.S. Circuit Judge, Ninth Circuit Court of Appeals - San Francisco, CA
  • Hon. Curtis Karnow, Complex Litigation Judge, San Francisco Superior Court – San Francisco, CA
  • Hon. Virginia A. Phillips, U.S. District Court Judge for the Central District of California - Riverside, CA
  • Hon. John S. Wiley, Complex Litigation Judge, Los Angeles County Superior Court - Los Angeles, CA

5:30 p.m. - 7 p.m.

Reception for Antitrust Lawyer of the Year – Hosted Reception

Sponsored by Rust Consulting Inc./Kinsella Media LLC.

7 p.m. - 9:30 p.m.

Antitrust Lawyer of the Year Award Dinner and Program

Wine generously provided by St. Francis Winery and Vineyards. Honoree Kathleen E. Foote, Senior Assistant Attorney General, California Department of Justice

Essential Information

Printable Brochure

printable brochure that replicates the information on this web site is provided for your convenience.

Registration Online:

You can now Register Online for this program.

Pre-registration By Mail:

Your pre-registration must be received no later than October 18, 2013. Please send your completed registration form and check payable to The State Bar of California to:

Program Registrations
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639

Pre-registration By Fax:

Please fax your pre-registration form to Program Registrations at 415.538.2368 no later than October 18, 2013. Credit card information is mandatory. Do not mail originals.

On-site Registrations:

On-site registration opens at 8 a.m. and is subject to space availability.

Cancellations/Refund Policy:

Cancellations and requests for refunds must be received in writing no later than October 18, 2013. Substitute registrants are allowed, but must register in their own name. Cancellations and refunds are subject to a $25.00 service charge.

MCLE Credit:

The State Bar of California and the Antitrust and Unfair Competition Law Section are State Bar of California approved MCLE providers. This activity has been approved for 7 hours of MCLE credit

Special Assistance:

Please call 415.538.2554.

Questions:

For registration information, please call 415.538.2508. For program content/Section information, please call 415.538.2554.

Registration Fees (by October 18, 2013, late registrations subject to space availability)


  • Full Day Institute & Dinner - Member - $445
  • Full Day Institute & Dinner - Non-Member - $530

Institute ONLY

  • Antitrust Section Member - $350
  • Non-Member - $425
    (2013-2014 Section Membership included for Non-Members)
  • Government/Academic - $85
  • Non-Attorney Law Student - $75

Sponsorship Opportunities

  • Gold (Includes table for eight at dinner, 5 institute registrants, program attribution) - $3,000
  • Silver (Includes table for eight at dinner, 2 institute registrants, program attribution) - $2,250
  • Bronze (Program attribution ONLY, no dinner or registration in program) - $500

Your sponsorship includes a full congratulatory slide in our dinner program presentation. Please send an electronic, 8.5”x11” slide, color or b/w pdf in landscape orientation to mitch.wood@calbar.ca.gov by Friday, October 18, 2013 to be included.

Lawyer of the Year Dinner and Cocktail Reception ONLY


  • Per Person - $225
  • Additional Dinners - $225
    
  • Government/Academic - $110
    
  • Table for Eight - $1800

Program Materials

Special thanks to Gilardi & Co. LLC for their generous sponsorship.

An email will be sent to you 48 hours in advance of this program directing you to our program materials hosting site where you can download the program materials in advance of this program. The materials will also be provided on-site in electronic format on a flash memory stick. The flash memory sticks are sponsored by Gilardi & Co. LLC. Please feel free to bring your laptops as we’ll have ample power sources and Wifi services during our program.

MCLE

The State Bar of California and the Antitrust and Unfair Competition Law Section are approved State Bar of California MCLE providers.