Antitrust Clearance & Merger Enforcement Conference 2022

September 21, 2022

In nine sessions across two tracks, expert panelists discussed the changing antitrust regulatory regime and identified trends in antitrust enforcement and technology-driven workflows to navigate antitrust and merger review proceedings in a defensible and value-add manner.

Antitrust Clearance & Merger Enforcement Conference

Washington, D.C.
September 21, 2022

Panelists included in-house antitrust counsel from Uber, IBM, Microsoft, and Sanofi as well as leading outside antirust counsel from Wachtel Lipton, Cravath, Baker McKenzie, Freshfields, Cleary Gottlieb, Cooley, White & Case, Morgan Lewis, Dentons, Mayer Brown, King & Spalding, Latham & Watkins, and more.

Keynote Address by Carl Bernstein

We were honored to have Carl Bernstein, Pulitzer Prize-winning journalist, best-selling author, and political analyst as our 2022 Keynote Speaker. Few journalists have had the same impact on history and their craft as Pulitzer Prize-winning investigative reporter, Carl Bernstein. From uncovering the Watergate scandal with Bob Woodward to writing about national and international affairs for half a century, Bernstein’s books, reporting, and commentary have revealed the hidden workings of government and politics around the world.

Panel Spotlights

Deploying TAR & Analytics in Merger Review Proceedings

In today’s “big data” environment, the greatest obstacle to efficient and streamlined merger clearance proceedings is the sheer volume of potentially relevant electronic documents. Fortunately, sophisticated AI and data analytics tools are available to quickly separate the digital wheat from the chaff. This panel of experienced practitioners and data analytics specialists will discuss the power and potential of such tools across HSR and second request proceedings, including best practices, new developments, and the various approaches favored by regulators.

Moderator:

Michael Kriegal – Vice President, Consulting Services TLS

Panelists:

Brittany Field – Director, Consulting Services TLS
George Socha – Senior Vice President of Brand Awareness Reveal-Brainspace
Scott Reents – Lead Attorney, Data Analytics & E-Discovery Cravath, Swaine & Moore LLP

The Rise of Antitrust Litigation & The Perceived Inadequacy of Remedial Measures

This panel of leading antitrust attorneys will examine the past, present, and future of remedial measures and litigation as a means of resolving merger clearance concerns. Among other areas, the panel will discuss how the changing antitrust landscape is impacting the ability of both in-house and outside counsel to effectively and confidently advise their clients on merger clearance.

Moderator:

Trisha Grant – Corporate Counsel, Microsoft

Panelists:

John Fedele – Partner, Baker McKenzie
Megan Browdie – Partner, Cooley LLP
Douglas Jasinski – Counsel, White & Case LLP
Eric Sega – Counsel, Hogan Lovells US LLP

Antitrust Enforcement Under the Biden Administration

The Biden White House promised a more aggressive antitrust enforcement regime than prior administrations. This panel of in-house and outside antitrust counsel will look back at the last two years and discuss the substantive, procedural, and attitudinal changes of DOJ antitrust and FTC leadership since January 2021. We will explore the breadth and depth of the current administration’s approach to antitrust enforcement and whether an antitrust revolution is truly underway.

Moderator:

Daniel Meyers – President, Consulting & Information Governance TransPerfect Legal

Panelists:

Andrew Lacy – Partner & Co-Chair, Antitrust & Competition Goodwin Procter
Christina Ma – Partner, Wachtell, Lipton, Rosen & Katz
Kellie Kemp – Senior Counsel, Competition & Litigation, Uber

Managed Review Strategies & Pitfalls in Second Requests

This session will detail the best practices, legal obligations, and workflows essential to effectively managing a document review in an antitrust merger clearance second request. This includes a review of disclosure obligations and how to incorporate legal technology, construct a qualified team, and implement multiple review workflows. The session features a mix of panelists from top antitrust law firms and senior-level legal technologists.

Moderator:

Brian Rauch – Senior Regional Director, Project Management, TransPerfect Legal Solutions

Panelists:

Eloris Snyder – Senior Director, Staffing Solutions TransPerfect Legal Solutions
Nicole Bass – Senior Attorney, King & Spalding LLP
Harsha Kurpad – E-Discovery Case Attorney, Latham & Watkins
Matt Gibson – Director, Litigation Technology, Bass, Berry & Sims

Modern Considerations in Merger Reviews: How Public Interest & Social Justice Objectives are Impacting The Merger Clearance Process

A central theme of recent trends in antitrust law is the belief that competition laws can serve as a panacea for many societal problems. We will explore how these trends illustrate an aggressive shift toward what were traditionally collateral issues—such as labor protection or environmental impacts—from historically market-based deal analysis and theories of anti-competitive outcomes. This panel of practicing antitrust lawyers will explore recent examples of this trend, including mergers, pending review, pending legislation, rules commentary, and experience with government staff.

Moderator:

Kenneth McGinis – Director, Antitrust Practice Group, TLS

Panelists:

Oral Pottigner– Partner, Mayer Brown
Christopher Williams – Antitrust Partner, Perkins Coie LLP
Leslie Overton – Partner, Axinn, Veltrop & Harkrider LLP

Navigating Data Privacy Laws & Redaction Workflows in Antitrust Matters

Antitrust practitioners are increasingly confronted with stringent guidelines surrounding the treatment of sensitive information, such as PII and SHI, in ESI protocols and protective orders in antitrust litigation and regulatory matters. Practitioners may also face irreconcilable priorities when addressing transnational merger clearance proceedings. Comprehensive second request obligations often conflict with foreign data privacy laws. The intersection of these conflicting legal regimes results in expensive review and redaction workflows, threats to substantial compliance or litigation deadlines, and potential breaches of foreign law. Fortunately, advances in technology and intelligent workflows can significantly mitigate these pain points. This CLE session presented by experienced global privacy attorneys and e-discovery experts will discuss how to design processes and leverage technology to remain compliant and secure while meeting the needs of the proceeding.

Moderator:

Katharine Perekslis – Vice President, Discovery Services, TransPerfect Legal Solutions

Panelists:

Daniel Meyers – President, Consulting & Information Governance TransPerfect Legal
Ethan Ackerman – Counsel, Morgan Lewis
Jack Thompson – Assistant Director, Global E-Discovery & Legal Operations, Sanofi
Stacey Blaustein – Litigation Counsel, IBM

Antitrust Developments for Big Tech

Big tech is in the crosshairs of Congress and antitrust regulators. This panel of experienced antitrust attorneys will discuss the background and future of competition regulation for technology companies, including the Prohibiting Anticompetitive Mergers Act and recent pronouncements from the Federal Trade Commission and Department of Justice antitrust division. New powers that may be granted to these agencies include the ability to reject supposed “anticompetitive” mergers without requiring a court order.

Moderator:

Christopher Grunther – Regional Director, TransPerfect Legal Solutions

Panelists:

Matthew Kent – Partner & Co-Leader, Antitrust Practice Team, Alston & Bird LLP
Abiel Garcia – Partner, Kesselman Brantly Stockinger LLP
Christopher Abbott – Partner, Jenner & Block
Sophia Vandergrift – Partner, Gibson Dunn

Deploying Multilingual Workflows & Machine Translation in Second Requests

Cross-border M&A deals reached an all-time high of $2.1 trillion in 2021. No shortage of these transactions were subjected to merger review proceedings involving large volumes of documents in different languages. In the big data era, multilingual data sets are not just a nuisance; they’re a serious threat to “substantial compliance” given the expedited schedule of most merger review proceedings. This CLE presentation by leading attorneys and technologists in cross-border merger clearance proceedings will detail the workflows and technologies necessary to manage large, multilingual data sets without breaking the bank or jeopardizing compliance.

Moderator:

Clayton Crooks – Regional Director, TransPerfect Legal Solutions

Panelists:

Richard Snyder – Counsel, Freshfields Bruckhaus Deringer
Amy Roth – Senior Staff Attorney, Cleary Gottlieb Steen & Hamilton LLP
Robert Wagner – Global Director of Multilingual Discovery, TransPerfect Legal Solutions

Restoring Humanity to High-Pressure Matters: Personal Stories & Guiding Principles of an Inclusive Workplace

This panel, led by the head of talent acquisition and diversity hiring at a Fortune 200 company and leading antitrust practitioners, will explore how to ensure an inclusive space during the pressure and urgency of antitrust proceedings. The panelists will share real-world stories as they highlight principles and best practices that competition teams should employ to maximize both the experience and the results of high-pressure matters. The panel will also discuss the ethical underpinnings of this objective under Rule 8.4(g) of the Model Rules of Professional Responsibility.

Moderator:

Raina Whitfield – Director, Talent Acquisition, Brookfield Properties

Panelists:

Eloris Snyder – Senior Director, Staffing Solutions TransPerfect Legal Solutions
George Paul – Partner, White & Case LLP
Ausra Deluard – Co-Chair Antitrust Group, Dentons
Teisha Johnson – Partner, Baker McKenzie

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Antitrust Clearance & Merger Enforcement Conference 2022

Antitrust Clearance & Merger Enforcement Conference 2022

Antitrust Clearance & Merger Enforcement Conference

Keynote Address by Carl Bernstein

Panel Spotlights

Deploying TAR & Analytics in Merger Review Proceedings

The Rise of Antitrust Litigation & The Perceived Inadequacy of Remedial Measures

Antitrust Enforcement Under the Biden Administration

Managed Review Strategies & Pitfalls in Second Requests

Modern Considerations in Merger Reviews: How Public Interest & Social Justice Objectives are Impacting The Merger Clearance Process

Navigating Data Privacy Laws & Redaction Workflows in Antitrust Matters

Antitrust Developments for Big Tech

Deploying Multilingual Workflows & Machine Translation in Second Requests

Restoring Humanity to High-Pressure Matters: Personal Stories & Guiding Principles of an Inclusive Workplace