Trust and Trade
Deep dives into the worlds of competition, privacy, and consumer protection from a rotating panel of experts.
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#29 Oral History of the LCD Screens Case
01/22/2024
#29 Oral History of the LCD Screens Case
US v AU Optronics, or, the LCD screens case, is one of the most important price-fixing cartel cases of the last 25 years. Now, for the first time, co-hosts Anant Raut and Anna Pletcher bring together lawyers from the prosecution, defense, and presiding Judge Susan Illston to recount some of the case's historic firsts, including the size of the financial harm, the extraterritorial reach of the Sherman Act, and the unique sentencing imposed. Get an inside take on the litigation strategies, the legal arguments, and the view from the bench in a one-of-its-kind account of this watershed case! With special guests: Hon. Susan Illston, Senior Judge, United States District Court for the Northern District of California, Heather Nyong'o, Partner, Cleary Gottlieb Steen & Hamilton LLP, Brent Snyder, Partner, Wilson Sonsini Goodrich & Rosati, and Patrick Robbins, former Partner, Shearman & Sterling LLP Related Links: Hosted by: Anant Raut and Anna Pletcher
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#28 A Brief History of Privacy Enforcement by the FTC
11/20/2023
#28 A Brief History of Privacy Enforcement by the FTC
The word "privacy" doesn't appear in the FTC Act, yet for 25 years, the FTC has used its limited resources and enforcement tools to act as the country's privacy enforcer. Past and current FTC leadership join host Anant Raut for this rousing look at the history of privacy enforcement by the FTC, and contemplate its future. In a world where the threats to privacy have grown manifold, has the Commission stretched the handful of words passed by Congress in 1938 as far as they can, and is it time for a new agency, empowered with fit-to-purpose authority, to take the baton for the next 25? With special guests: Samuel Levine, Director of the Bureau of Consumer Protection, Federal Trade Commission, Daniel Kaufman, Partner, BakerHostetler, and Maneesha Mithal, Partner, Wilson Sonsini Goodrich & Rosati LLP Hosted by: Anant Raut
/episode/index/show/trustandtrade/id/28661078
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#27 The Hidden Impact of the Shipping Act Exemption
10/23/2023
#27 The Hidden Impact of the Shipping Act Exemption
Look around you - almost everything in your home or office was once on an ocean shipping vessel. Yet this essential area of commerce continues to enjoy one of the oldest exemptions from US antitrust law. Does this loophole keep prices low for consumers? Or does it raise prices for shippers and make supply shocks worse? Hosts Anant Raut and David Golden are joined by Shipping Act expert Melissa Maxman and the American Antitrust Institute's Kathleen Bradish to debate whether it's time to deep-six the Shipping Act antitrust exemption. With special guests: Kathleen Bradish, Acting President, American Antitrust Institute and Melissa Maxman, Partner, Cohen & Gresser LLP Related Links: Hosted by: Anant Raut and David Golden
/episode/index/show/trustandtrade/id/28332515
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#26 Lina Under Fire
09/25/2023
#26 Lina Under Fire
Season 3 of Trust and Trade kicks off with an in-depth look at the heated turn in the relationship between the Federal Trade Commission and Congress, which broke into public view during a July oversight hearing by the House Judiciary Committee. Host Anant Raut and guest host John Villafranco welcome Katie McInnis (Chief Democratic Counsel to the subcommittee) and Nina Frant (former counsel to Commissioner Wilson) to discuss their insights from the hearing - what was said, how Chair Khan responded, and what this might mean for the FTC going forward. With special guests: Katie McInnis, Chief Democratic Counsel, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust and Nina Frant, Vice President for Consumer Policy, U.S. Chamber of Commerce Hosted by: Anant Raut, John Villafranco, and Greg Fortsch
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#25 The Rise, Fall, and Fallout of the FTC's 13(b) Monetary Remedies Authority
08/14/2023
#25 The Rise, Fall, and Fallout of the FTC's 13(b) Monetary Remedies Authority
It was a Supreme Court case about 1 word, worth $1.2 billion dollars. But after SCOTUS killed the Federal Trade Commission's ability to get scam victims their money back, the FTC got creative. On this episode of Trust and Trade, Anant and Rich talk to a panel of former FTC-ers, including former Commissioner Phillips, about the FTC's ability to make fraud victims whole under Section 13b of the FTC Act. We learn about the history of this law, as well as the rise, fall, and resurgence of the FTC's monetary restitution authority. With special guests: Hon. Noah J. Phillips, Co-Chair of the Antitrust Practice, Cravath, Swaine & Moore LLP, Maneesha Mithal, Partner, Wilson, Sonsini, Goodrich & Rosati and Ioana Gorecki, Special Counsel, Kelley Drye & Warren LLP Hosted by: Anant Raut and Richard H. Cunningham
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#24 The Delicate Dance of Joint Defense Groups
07/31/2023
#24 The Delicate Dance of Joint Defense Groups
In this episode of Trust and Trade, Anant and Anna take us into the inner workings of joint defense groups, discussing the unique challenges of working together as a band of equals behind a common goal but sometimes with differing approaches and client interests. Guests David Cross and Dr. Laila Haider offer insights on decision-making, trust, and transparency when working in a joint defense group, and offer practice pointers on how to make them work more smoothly. With special guests: David Cross, Chair of the Antitrust Litigation Practice, Morrison & Foerster LLP and Dr. Laila Haider, Economist and Vice President, Charles River Associates Hosted by: Anant Raut and Anna Pletcher
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#23 7 Tips for Putting On an Expert Witness
05/29/2023
#23 7 Tips for Putting On an Expert Witness
To change antitrust policy, you have to win in court, and a key part of any civil trial is the expert witness. We invited a couple of veteran prosecutors to share their best tips and secrets. Whether you're preparing for your first trial or are a seasoned litigator seeking an edge in the courtroom, whether your next trial is bench or jury, there's something useful and surprising for everyone in this episode. With special guests: Steve Tugander, Acting Assistant Chief, US Department of Justice (New York office) and Bob Hubbard, Assistant Attorney General, Antitrust Bureau, New York Attorney General's Office Hosted by: Chris Young and Kathleen McMahon
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#22 Biden at 2
04/17/2023
#22 Biden at 2
We debate the hits and misses from the first two years of antitrust enforcement under the Biden Administration, and make some predictions about what to expect in the next two years. With special guests: Eyitayo St. Matthew-Daniel, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP and Lauren Willard, Partner, Covington & Burling LLP Hosted by: Anant Raut and Michael Murray
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#21 The Miseducation of Antitrust Courts
03/20/2023
#21 The Miseducation of Antitrust Courts
Have judges gone too far and become too reliant on economic experts in antitrust cases? Legendary plaintiffs' attorney Michael Hausfeld joins hosts Anant Raut and Travis Wheeler to talk about whether dueling professional economists either cancel each other out or decide the fate of antitrust cases, and the right way for judges and practitioners to think about their testimony. With special guest: Michael Hausfeld, Hausfeld LLP Hosted by: Anant Raut and Travis Wheeler
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#20 Section 2 Criminals
01/16/2023
#20 Section 2 Criminals
Would-be monopolists have traditionally faced fines and civil remedies; under the Biden Administration's more muscular enforcement of the Sherman Antitrust Act, they could face jail time as well. Law professor Travis Wheeler walks the former acting head of the DOJ Antitrust Division Richard Powers through some of the most famous monopolization cases in US legal history to help us understand where we could see criminal charges under the new regime. With special guests: Travis C. Wheeler, Nexsen | Pruet and Richard A. Powers, Fried, Frank, Harris, Shriver & Jacobson LLP Hosted by: Anant Raut
/episode/index/show/trustandtrade/id/25581552
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#19 Illumina/GRAIL
12/12/2022
#19 Illumina/GRAIL
Dual challenges to the Illumina/GRAIL merger on both sides of the Atlantic underscore the differences between US and European approaches to mergers. A group of experts featuring a veteran of DG Comp and an FTC alum walk us through the procedural and litigation intricacies, what happened on both sides of the pond, and key lessons for practitioners about proposed behavioral fixes to embattled mergers. With special guests: Paul Csiszar, Unit Director, DG Comp and Jennifer Milici, Partner, WilmerHale Hosted by: Anant Raut and Bill Batchelor
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#18 Communication Between Attorneys and Economists Recap
09/12/2022
#18 Communication Between Attorneys and Economists Recap
This past February, Amara reported on a panel discussion hosted by the ABA Antitrust Law Section on attorney-economist communications and how to enhance efficiency in the relationship between attorneys and economists. We provide a recap of that programming. With special guest: Amara Conteh, Wilson Sonsini Goodrich and Rosati Hosted by: Gabriela Antonie, Cornerstone Research
/episode/index/show/trustandtrade/id/24287097
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#17 Machine Learning and Its Connection to Antitrust
07/15/2022
#17 Machine Learning and Its Connection to Antitrust
Summary of a recent panel on ML and antitrust. With special guest: Masha Melkonyan Hosted by: Gabriela Antonie
/episode/index/show/trustandtrade/id/23636792
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#16 Cryptocurrency Primer for In-House Counsel
05/20/2022
#16 Cryptocurrency Primer for In-House Counsel
This podcast will cover the basics of cryptocurrency, discuss recent regulatory developments in this area, provide an overview of what keeps in-house counsel dealing with cryptocurrency issues up at night and tips on how to navigate the challenging space. With special guest: Nguyen Vu, Associate General Counsel – Payments, Bolt Hosted by: Annie M. Ugurlayan, Assistant Director, BBB National Programs' National Advertising Division
/episode/index/show/trustandtrade/id/23129015
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#15 Presenting Expert Witness Testimony in Antitrust Trials
05/19/2022
#15 Presenting Expert Witness Testimony in Antitrust Trials
Tips and tricks for lawyers who are new to presenting expert witnesses at trial and reflections on the importance of eliciting effective expert testimony in antitrust cases. With special guest: Eric Hochstadt, Partner, Weil, Gotshal and Manges LLP Hosted by: Katherine Kelly Fell, Associate, Milbank LLP, Vice President of Trial Practice Committee of ABA Antitrust Section
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#14 The Economic Fundamentals of Two-Sided Platforms and Their Implications for Antitrust
05/13/2022
#14 The Economic Fundamentals of Two-Sided Platforms and Their Implications for Antitrust
Dr. Caminade discusses the basic economics behind two-sided platforms and its implications for antitrust. With special guest: Juliette Caminade, Vice President, Analysis Group Hosted by: Gabriela Antonie, Manager, Cornerstone Research
/episode/index/show/trustandtrade/id/23005673
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#13 Privacy Rulemaking at the FTC
04/01/2022
#13 Privacy Rulemaking at the FTC
On behalf of the ABA Antitrust Section’s Privacy Legislation Task Force, Kathleen Benway (Alston & Bird), JeanAnn Tabbaa (Gibson, Dunn & Crutcher), and Joshua Wade (McGuireWoods) host a conversation about the possibility of privacy rulemaking at the FTC, and specifically Magnuson-Moss rulemaking. They cover the sources of authority for FTC rulemaking (starting at the two-minute mark), Magnuson-Moss rulemaking generally (at the eight-minute mark), the FTC's recent changes to the Magnuson-Moss rulemaking process (at the 22-minute mark), and the potential substance of a privacy rulemaking (at the 28-minute mark). Hosted by: JeanAnn Tabbaa and Joshua Wade
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#12 Teaching a Judge or Jury Enough About Regression to Trust (or Mistrust) It - A review with Andrea Rivers
03/01/2022
#12 Teaching a Judge or Jury Enough About Regression to Trust (or Mistrust) It - A review with Andrea Rivers
Andrea Rivers walks us through a publicly available tool developed by Prof Luke Froeb to teach non-economists about regression analysis. Hosted by: Gabriela Antonie, Cornerstone Research
/episode/index/show/trustandtrade/id/22205555
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#11 Minority Women Succeed as Antitrust Trial Lawyers
02/09/2022
#11 Minority Women Succeed as Antitrust Trial Lawyers
Two seasonal antitrust trial lawyers, Barbara Hart and Debra Brookes, share their insights into how minority women thrive as antitrust trial lawyers in the private and public sectors. They address the unique issues that minority women face when practicing antitrust law, advise on how to succeed while handling these issues, and suggest how minority women promote their presence in the world of antitrust litigation. Hosted by: Yi-Hsin Wu, Judicial Law Clerk, New Jersey Superior Court
/episode/index/show/trustandtrade/id/22012664
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#10 Trial Practice 101: Expert Tips on Persuasive Use of Trial Exhibits
01/31/2022
#10 Trial Practice 101: Expert Tips on Persuasive Use of Trial Exhibits
A former antitrust prosecutor will share insights on how to use trial exhibits effectively. Most antitrust trials involve hundreds or even thousands of exhibits—often admitted under the business records exception to the hearsay rule—and liberal use of summary exhibits. The speaker will share helpful tips for identifying high-impact exhibits, laying the foundation for their admissibility, and using them persuasively before a lay judge or jury. Hosted by: Pete Schwingler
/episode/index/show/trustandtrade/id/21888548
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#9 Navigating Dietary Supplement Advertising Under Today’s FDA Regulatory Regime
12/21/2021
#9 Navigating Dietary Supplement Advertising Under Today’s FDA Regulatory Regime
A table talk with Haijing Hu, Director, Regulatory and Implementation Staff, Office of Dietary Supplement Program, regarding emerging FDA priorities that should be top of mind for anyone engaged in the marketing and promotion of dietary supplements. The talk will cover a range of topics including enforcement trends and collaboration with the FTC. Hosted by: Raqiyyah Pippins, Partner, Arnold & Porter
/episode/index/show/trustandtrade/id/21484082
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#8 Antitrust in the 21st Century: A Conversation with CADE's Alexandre Cordeiro
12/14/2021
#8 Antitrust in the 21st Century: A Conversation with CADE's Alexandre Cordeiro
In this episode of the Section of Antitrust Law's Trust and Trade podcast, Alexandre Cordeiro discusses his agenda as President of Brazil's antitrust enforcer CADE, reviews recent agency activity, and shares a Brazilian perspective on the ongoing relevance of the consumer welfare standard. Hosted by: Hartmut Schneider, Section of Antitrust Law, International Officer
/episode/index/show/trustandtrade/id/21393902
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#7 State Enforcer You Need to Know: Elinor Hoffmann
12/02/2021
#7 State Enforcer You Need to Know: Elinor Hoffmann
The State Enforcement Committee is proud to present the latest installment in our State Enforcer You Need to Know series, which aims to introduce state antitrust and consumer protection enforcers and the work that they do to the ABA. This episode features Elinor Hoffmann, the Chief of the Antitrust Bureau at the Office of the New York Attorney General. Previous episodes in this series can be found . Hosted by: Kelsey Paine, Assistant Attorney General in the Antitrust Division of the Office of the Texas Attorney General
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#6 DOJ Focus on Financial Services: A Conversation with Owen Kendler
11/16/2021
#6 DOJ Focus on Financial Services: A Conversation with Owen Kendler
In January 2021, the DOJ Antitrust Division reorganized its sections to consolidate antitrust enforcement and competition policy for the financial, banking, real estate, and publishing industries in a new section, led by Owen Kendler. In this episode of Trust and Trade, Freshfields partner Jenn Mellott interviews Owen to get his thoughts on the section’s biggest accomplishments in its first year, his career at the Antitrust Division, and his advice for young antitrust lawyers. Hosted by: Jenn Mellott, Partner, Freshfields Bruckhaus Deringer
/episode/index/show/trustandtrade/id/21107024
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#5 Privacy Mavens Covid-19 & In-House Privacy Practice with Mary Ellen Callahan
09/21/2021
#5 Privacy Mavens Covid-19 & In-House Privacy Practice with Mary Ellen Callahan
Māvən: one who is deeply experienced or knowledgeable—an expert. In this podcast series, you will get to know trailblazing women privacy lawyers, while also learning about hot topics in data privacy law. This episode features Mary Ellen Callahan, Assistant General Counsel for Privacy at The Walt Disney Company. Mary Ellen shares her insights on in-house practice during the COVID-19 pandemic and discusses her path to becoming a foremost privacy expert, including her experience at the Department of Homeland Security. Brought to you by the ABA Antitrust Section’s Privacy and Information Security Committee and Women.Connected. Hosted by: Erika Douglas, Temple University, Beasley School of Law
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#4 No Poaching Restrictions
08/15/2021
#4 No Poaching Restrictions
Megan Browdie, partner at Cooley, discusses a recent fundamental program where Dr. Stephen Bronars, Partner at Edgeworth Economics, discussed the intersection of antitrust and labor and employment issues that are important to anti-poaching cases, including the core economic principles and empirical evidence that arise in these matters. Megan summarizes the main points of the program, and discusses recent legal developments, as well as what we can expect going forward. Hosted by: Gabriela Antonie and Nathan Blalock
/episode/index/show/trustandtrade/id/20108492
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#3 Acquisition of Potential Competitors
08/15/2021
#3 Acquisition of Potential Competitors
A panel of distinguished speakers—FTC Commissioner Noah Phillips, President of the American Antitrust Institute Diana Moss, and Koren Wong-Ervin—discussed (1) the merits of calls for reform, including the views raised in Wong-Ervin’s forthcoming article, Acquisitions of Potential Competitors: The U.S. Approach and Calls for Reform, and (2) the types of economic analyses and evidence that may be most probative for evaluating the impact of these transactions. Joshua Hazan (Simpson Thacher) summarizes the main findings and discuss recent developments. Hosted by: Gabriela Antonie and Nathan Blalock
/episode/index/show/trustandtrade/id/20108693
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#2 Behind the Authors’ Keyboards: Anomaly or Harbinger? Examining Recent Private Merger Challenges
08/06/2021
#2 Behind the Authors’ Keyboards: Anomaly or Harbinger? Examining Recent Private Merger Challenges
The Fourth Circuit recently unwound a consummated merger transaction that was otherwise “cleared” by the DOJ, calling it a “poster child for divestment.” Is this an anomaly, or a harbinger of things to come? Jack and Carter suggest an answer, building on the data-driven analysis of past cases in their Antitrust Magazine article on this timely topic.
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#1 Interview with Rich Cunningham, Author of A Watershed Moment? - What Comes Next for the FTC in the Wake of AMG
07/27/2021
#1 Interview with Rich Cunningham, Author of A Watershed Moment? - What Comes Next for the FTC in the Wake of AMG
An interview with Rich Cunningham, partner at Kirkland & Ellis LLP, regarding his new article, A Watershed Moment? - What Comes Next for the FTC in the Wake of AMG. Rich will discuss the impact of the AMG decision on FTC enforcement and related legislation. Hosted by: Chris Wilson, Of Counsel - Gibson Dunn & Crutcher LLP
/episode/index/show/trustandtrade/id/19895858
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Trust and Trade
06/25/2021
Trust and Trade
COMPETITION AND CONSUMER PROTECTION CONVERSATIONS Your weekly glimpse into hot topics in the world of antitrust and consumer protection.
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