24th Annual Golden State Antitrust and Unfair Competition Law Institute & Antitrust Lawyer of the Year Reception and Dinner Honoring Phillip H. Warren

October 16, 2014
The Julia Morgan Ballroom
Merchant Exchange Bldg., 15th Floor
465 California Street
San Francisco, CA

Earn 7 Hours MCLE Credit

You can now REGISTER ONLINE for the 2014 Antitrust Lawyer of the Year

We Thank Our Sponsors:

  • Gilardi & Co.
  • St. Francis Winery & Vineyards
  • OSKR, LLP
  • Nera Economic Consulting
  • Barkley Court Reporters
  • Rust Kinsella Consulting Media


Phillip H. Warren
Program Schedule
Essential Information
Mail / Fax Reg. Form
Printable Brochure
ONLINE REGISTRATION

2014 Antitrust Lawyer of the Year -- Phillip H. Warren

Phillip H. Warren, a partner in Covington & Burling’s San Francisco office, focuses his practice on international cartel matters. He has more than 30 years of antitrust enforcement experience and has led or supervised more than 50 international cartel investigations.

Prior to joining Covington, Mr. Warren served as Chief of the San Francisco Office, Antitrust Division, U.S. Department of Justice from 2002-2014. In his role as Chief, Mr. Warren oversaw all aspects of grand jury investigations and plea negotiations in international cartel matters in more than a dozen industries, including commodity chemicals and five different hightechnology products: DRAM, LCD panels, cathode ray tubes, optical disk drives, and lithium ion battery cells. He also closely supervised all aspects of several major criminal antitrust trials. He oversaw some of the largest and most successful prosecutions in the Antitrust Division’s history and under his leadership the San Francisco office obtained more than $2.5 billion in fines.

He worked with Deputy Assistant Attorneys General for Criminal Enforcement on developing all aspects of international cartel enforcement policy, including applications of the Division’s Leniency Policy, policies for negotiating plea terms with corporations and executives, and practices for coordinating investigations with foreign enforcement authorities.

In addition to Mr. Warren’s significant cartel experience, he also has an extensive background in civil antitrust enforcement. He reviewed and approved all staff analyses of premerger filings involving California-based high-technology firms, and oversaw all aspects of preliminary inquiries and Second Requests of proposed transactions that raised potential competitive issues.

Prior to his position as Chief, Mr. Warren was a trial attorney and then served as the Assistant Chief in the office from 1997 to 2002. In these positions, he led many significant Division prosecutions, including U.S. v. Archer Daniels Midland Co. (citric acid), U.S. v. Sprint/France Telecom/Deutsche Telekom, and U.S. v. All Star Industries.

While at the Department of Justice, Mr. Warren was an integral part of the international cartel enforcement community. He took part in coordinating investigations of international cartels with enforcement agencies worldwide, including Canada, the European Commission, Japan, Korea, Mexico, and Singapore. In addition, he led or participated in training sessions for enforcement officials in many jurisdictions.

Mr. Warren joined the U.S. Justice Department’s Antitrust Division in Washington, D.C. in 1980. In 1984, he moved to the Division’s San Francisco Office, the only office in the country with major responsibility for criminal and civil antitrust enforcement. There he was Assistant Chief from 1997 to 2002 and Chief from 2002 to January 2014.

Mr. Warren is the recipient of numerous awards, including the Attorney General Award for Distinguished Service (2012) (for successful prosecution of U.S. v. AU Optronics), the Presidential Rank Award of Distinguished Executive (2009) (highest award given to career federal government Senior Executive Service members), the Department of Justice John Marshall Award for Participation in Litigation (1998), and the Antitrust Division Hugh P. Morrison Award for Exceptional
Accomplishment as an Antitrust Litigator (1994).

Before joining the Justice Department, Mr. Warren was a Visiting Fellow at the Center for Law in the Public Interest in Los Angeles (1979-80) and a Peace Corps volunteer in Guatemala (1973-75). He graduated from the UCLA School of Law and Santa Clara University.

Program Schedule

Event Time

Registration and Continental Breakfast

Generously sponsored by Gilardi & Co.

7 a.m. - 8:15 a.m.

Welcoming Remarks

Paul J. Riehle
Section Vice Chair, Golden State Institute,
Sedgwick LLP --
San Francisco, CA

8:15 a.m. - 8:30 a.m.

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.

Panelists:

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

Thomas N. Dahdouh
Regional Director, Western Region, Federal Trade Commission
San Francisco/Los Angeles, CA

8:30 a.m. - 10 a.m.

Morning Break

Breaks generously sponsored by Barkley Court Reporters and OSKR LLC

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

SESSION #2: TRIALS

“Big Stakes” Antitrust Trials

For the third year in a row, we are 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 involved in antitrust litigation. The trials on our agenda for this year are:

St. Alphonsus Medical Center-Nampa and
FTC v. St. Luke’s Health System Ltd.

An Idaho federal judge found that St. Luke’s Health System Ltd.’s acquisition of the region’s largest independent physician association violated the Clayton Act. The court entered a permanent injunction and ordered St. Luke’s to fully divest itself of the IPA’s assets. A key issue was the definition of the geographic market, as the combined resulting share in the market accepted by the court was just shy of 80%. The defense claimed that the merger would result in integration of health care delivery, promotion of best medical practices, tough quality control and electronic record keeping, all goals of the Affordable Care Act.

Panelists:

Thomas Greene
Special Litigation Counsel, Bureau of Competition of the Federal Trade Commission
San Francisco, CA

Jack R. Bierig
Lead Defense Counsel for St. Luke’s Health System Ltd., Sidley Austin LLP
Chicago, IL

Paul J. Riehle, Moderator
Sedgwick LLP
San Francisco, CA

United States v. Bazaarvoice

In an unusual enforcement action, the U.S. Department of Justice filed a complaint against Bazaarvoice after it had consummated its acquisition of PowerReviews. After a three week bench trial, U.S. District Judge William H. Orrick, III sided with the government in January 2014 and found that Bazaarvoice’s purchase of PowerReviews was a merger to monopoly likely to substantially reduce competition in the market for online ratings and reviews. Pursuant to a post-trial settlement, Bazaarvoice agreed to divest PowerReviews and take steps to ensure that the new company remained competitive. The trial was closely watched and addressed several unique and important merger issues that arise in high-technology markets.

Panelists:

Arthur J. Burke
Davis Polk & Wardwell, LLP
Menlo Park, CA and New York, NY

Scott A. Sher
Co-Lead Defense Counsel for Bazaarvoice, Wilson Sonsini Goodrich & Rosati PC
Washington, D.C.

Peter K. Huston
DOJ Lead Trial Counsel, U.S. Department of Justice
San Francisco, CA

Karen Silverman, Moderator
Latham & Watkins LLP
San Francisco, CA

10:15 a.m. - 12:30 p.m.

GOLDEN STATE INSTITUTE LUNCHEON

Welcoming Remarks by Dr. Alan Cox, Senior Vice President, NERA Economic Consulting, our generous luncheon sponsor.

Luncheon Guest: Hon. Kathryn Mickle Werdegar, Associate Justice of the California Supreme Court -- San Francisco, CA

Presenting: “A Conversation with Justice Werdegar”

Panelists:

Cheryl Lee Johnson
Deputy Attorney General, Antitrust Law Section, Office of the Attorney General; Former California State Bar Antitrust and UCL Section Chair
Los Angeles, CA

Kathleen J. Tuttle
Deputy-in-charge, Antitrust Section, Los Angeles District Attorney’s Office; Former California State Bar Antitrust and UCL Section Chair
Los Angeles, CA

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

SESSION #3: ANTITRUST

Major League Baseball Antitrust Litigation

U.S. District Judge Ronald M. Whyte dismissed the City of San Jose’s federal and state antitrust claims, finding that the judicially created exemption to federal antitrust laws for “the business of baseball” applied to the city’s allegation that MLB had interfered with the A’s relocation to San Jose. The antitrust ruling is on appeal and the tortious interference claims are moving forward. In what will surely be a lively discussion, a past recipient of our Antitrust Lawyer of the Year award will answer questions and forecast the future of baseball’s antitrust exemption.

Panelists:

Joseph W. Cotchett
Lead Counsel for Plaintiff City of San Jose, Cotchett, Pitre & McCarthy LLP
Burlingame, CA

Paul R. Griffin, Inquisitor
Winston & Strawn LLP
San Francisco, CA

2:15 p.m. - 2:45 p.m.

SESSION #4: PRIVACY

Nowhere to Run, Nowhere to Hide: In the Age of Big Data Is Data Security Possible and Can the Enforcement Agencies and Private Litigation Ensure Your Online Information Remains Safe and Private?

The last year saw a steady stream of highprofile data breaches by major U.S. businesses placing millions of consumers’ personal and financial data at risk. In response, the FTC and has increased public enforcement and a wave of new state laws have been instituted regulating a full range of privacyrelated concerns. The risk of private litigation is increasing. Our distinguished panel will address the current legal landscape on data security, efforts to increase enforcement and predictions for the future of privacy law in this rapidly changing area of the law and technology.

Panelists:

Laura Berger
Senior Attorney, Division of Privacy and Identity Protection Federal Trade Commission
San Francisco, CA

Adam Miller
Supervising Deputy Attorney General, Privacy Enforcement and Protection Unit, Office of the California Attorney General
San Francisco, CA

James G. Snell
Perkins Coie LLP
Palo Alto, CA

Ara Jabagchourian
Plaintiffs’ counsel in the Google and Yahoo privacy cases, Cotchett, Pitre & McCarthy LLP
Burlingame, CA

Niall E. Lynch, Moderator
Latham & Watkins LLP
San Francisco, CA

2:45 p.m. - 3:45 p.m.

Afternoon Break

Breaks generously sponsored by Barkley Court Reporters and OSKR LLC

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

SESSION #5: JUDGES PANEL

Managing Antitrust and Complex Business Trials

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

Panelists:

Hon. Phyllis J. Hamilton
U.S. District Court Judge for the Northern
District of California
Oakland, CA

Hon. Susan Illston
U.S. District Court Judge for the Northern District of California
San Francisco, CA

Hon. William H. Orrick, III
U.S. District Court Judge for the Northern
District of California
San Francisco, CA

Aton Arbisser, Moderator
Kaye Scholer LLP
Los Angeles, CA

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

RECEPTION

Hosted Reception for The Antitrust Lawyer of the Year.

Sponsored by Rust Kinsela.

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

DINNER

Antitrust Lawyer of the Year Award Dinner and Program -- Wine generously provided by St. Francis Winery and Vineyards.

We honor Phillip H. Warren, Former Chief of the San Francisco Office, Antitrust Division, U.S. Department of Justice 2002-2014, now with Covington & Burling LLP.

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

Essential Information

Printable Brochure

For your convenience, we've provided a printable version of the program brochure.

Registration Fees

Pre-register by October 9, 2014. 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 (2014-2015 Section Membership included for Non-Members)
  • Government/Academic - $85
  • Non-Attorney Law Student - $75

Lawyer of the Year Dinner and Cocktail Reception ONLY

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

Register Online

We will be providing online registration in the near future. Please check back. Online registration will close after the pre-registration deadline.

Pre-Registration by Mail

Print out and complete the Pre-registration Form and return it with payment no later than October 9, 2014. 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

Print out and complete the Pre-registration Form and fax it to Program Registrations at 415-538-2368 no later than October 9, 2014. Credit card information is mandatory. Do not mail originals.

On-Site Registrations

On-site registration opens at 7 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 9, 2014. Substitute registrants are allowed, but must register in their own name. Cancellations and refunds are subject to a $25 service charge.

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.

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 Thursday, October 9, 2014 to be included.

Program Materials

Program materials will be provided on-site in electronic format on a flash drive. Please bring your laptops, as we will have ample power sources and Wifi services during our program.

Discount on Antitrust and Unfair Competition Treatise

California Antitrust and Unfair Competition Law Treatise, 2014 Edition Updated annually. Special price for attendees! Call 800-223-1940 or visit LexisNexis Store.

MCLE

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