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72nd Antitrust Law Spring Meeting

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Join Morrison Foerster for the 72nd ABA Annual Spring Meeting – internationally recognized as “Antitrust Week” – in Washington, D.C. from April 10-12, 2024.

Join Morrison Foerster for the 72nd ABA Annual Spring Meeting – internationally recognized as “Antitrust Week” – in Washington, D.C. from April 10-12, 2024. The event is the largest gathering of competition, consumer protection, and data privacy professionals globally including lawyers, academics, and enforcers. The Spring Meeting boasts three days of networking and educational programming on the latest developments in global competition, consumer protection, and data privacy law with insights from esteemed faculty and delegates. Join MoFo attorneys for the insightful sessions below on pressing topics shaping the competition landscape and its enforcement.Wednesday, April 10David Shaw joins a diverse group of legal professionals from the EPA, the FTC, and the American Economic Liberties Project for the panel session “Antitrust and Environmental Justice: Friends or Foes?” to discuss the intersection of antitrust law and sustainability and environmental collaborations undertaken by private industry.Megan Gerking joins a group of sports industry and legal professionals for the panel session “NIL After Alston: Wild West?” Panelists will explore how college athletes, universities, and conferences are navigating the antitrust implications of group licensing, transfers, and recruiting in the names, images, and likenesses era following Alston and O’Bannon.Thursday, April 11Bonnie Lau joins United States District Judge Jon S. Tigar and a panel of experienced competition and class action lawyers to discuss “Hot Button Issues in Class Action Litigation,” including personal jurisdiction, arbitration for absent class members, expert witness testimony, amended Federal Rules, and more.Information on these panels and more can be found on the <a href="https://web.cvent.com/event/a45e02f3-295c-42d4-9b19-f917979a6f07/summary" target="_blank">event page</a>. <hr>

American Bar Association

72nd Antitrust Law Spring Meeting

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Bonnie Lau helps clients navigate internal and government antitrust investigations, enforcement proceedings, and class action litigation. Clients commend Bonnie as “absolutely outstanding; a practical, responsive and adept adviser” and “a fantastic lawyer, detail-oriented and able to handle complex matters with ease and good humor.” (Chambers USA, 2022.)Bonnie is the co-head of Morrison Foerster’s San Francisco litigation department. A dynamic trial lawyer, Bonnie has significant experience defending class actions, multidistrict litigations, and enforcement actions, and deftly handles international competition investigations and enforcement issues. She advises clients across a range of industries that face government scrutiny or allegations of anticompetitive conduct, including technology, manufacturing, media, telecommunications, healthcare, and financial services.Bonnie has tried several bench and jury trials to verdict, and recently served as lead trial counsel in an antitrust class action jury trial with over a billion dollars of exposure. She has represented companies in antitrust and related complex litigation involving claims of price-fixing, wage-fixing, no-poach conduct, output suppression, monopolization, refusal to deal, predatory pricing, and group boycott, and prosecuted antitrust counterclaims in patent infringement and IP matters. Bonnie has also represented clients in various complex litigation and alternative dispute resolution matters involving unfair competition, RICO, TCPA, and intellectual property claims.Bonnie has received numerous accolades for her legal work. She was most recently named as one of the “Top 100 Lawyers in California” and a “Top Antitrust Lawyer” by the Daily Journal in 2022, as well as an “Up and Coming” attorney for Antitrust – California by Chambers USA in 2022. She won the “Antitrust/Competition Lawyer of the Year” award at the Euromoney America’s Women in Business Law Awards in 2021.Bonnie devotes herself to promoting diversity and inclusion in the legal community, currently serving as co-chair of the Women’s Leadership Network for the National Asian Pacific American Bar Association, co-chair of the board of the ABA Antitrust Section’s Women Connected, and former chair of the Leadership Council for Legal Diversity Alumni. For her contributions, Bonnie was named to the National Association of Women Lawyers’ (NAWL) Rising List for 2022 and selected by Chambers Diversity and Inclusion as a 2022 finalist for “Lawyer of the Year.”<h4>Representative Matters</h4><ul><li>Defending a Japanese technology and manufacturing client in a consolidated class action litigation alleging federal and state antitrust and consumer protection claims and related Department of Justice Antitrust Division price-fixing conspiracy investigation and criminal proceedings. Managing parallel international class actions and coordinating defense of foreign regulatory antitrust investigations.</li><li>Defending the largest broadcast television station operator in the United States in a putative class action alleging price-fixing of television advertising in multiple markets nationwide.</li><li>Defending steel manufacturer and fabricator in monopolization, predatory pricing, unfair competition, and tortious interference federal and state claims.</li><li>Representing technology startup company in monopolization, refusal to deal, tortious interference, and unfair competition federal and state counterclaims.</li><li>Representing a major healthcare company in a criminal investigation.</li><li>Represented SoftBank and Sprint in federal civil litigation proceedings in California in connection with Sprint’s merger with T-Mobile.</li><li>Represented SoftBank and ARM in FTC proceedings in connection with Nvidia’s potential acquisition.</li><li>Won an en banc Eleventh Circuit decision affirming dismissal with prejudice of federal antitrust claims in a multidistrict litigation comprised of 24 individual and putative class action cases across the country that allege antitrust, RICO, and/or steering violations against over a hundred major automobile insurance carriers.</li><li>Won an appeal, defeated three separate attempts to certify a class, excluded expert methodology, and won complete summary judgment of individual claims in antitrust and unfair competition class action against a major automobile insurer, alleging a conspiracy to charge anticompetitive premiums to policyholders.</li><li>Prosecuted an antitrust counterclaim in a patent infringement lawsuit by a non-practicing entity. Following the trial of the patent infringement claims, and a post-judgment remittitur of the award, won complete victory in the Federal Circuit, which reversed the jury’s finding of infringement and vacated the award of damages.</li><li>Prosecuted a Walker Process antitrust counterclaim in a patent and intellectual property infringement lawsuit.</li></ul>

Bonnie Lau

Partner

David Shaw is a partner in Morrison Foerster’s Global Antitrust Law Practice group, where he draws upon his extensive experience across merger clearance litigation, cartel representations, counseling, and State Attorney General antitrust enforcement to guide clients through government-facing antitrust matters.Most recently, David was the Deputy Chief of Staff and Counsel to the Assistant Attorney General in the Antitrust Division of the Department of Justice (DOJ). In this role, he advised and assisted the head of the Antitrust Division on law and policy related to the Division and managed relationships with state attorneys general across all Division matters, including directly handling relationships in the highest stakes and most sensitive matters facing the Division.Additionally, David held a leadership role with respect to conduct and merger reviews related to leading online platforms and held particular responsibility for Telecommunications and Broadband; Transportation, Energy, and Agriculture; Competition Policy and Advocacy; and International Sections of the Antitrust Division.David also served as a Trial Attorney in the Technology and Financial Services Section of the Antitrust Division, where he handled all aspects of the merger review process, from reviewing HSR filings to preliminary investigations, Second Request investigations, and merger challenges. In this role, he served on the trial teams for some of the most high-profile antitrust lawsuits in the technology and energy sectors.Before his government service at the DOJ, David was an associate at another leading international firm. David is also active in the bar and currently serves as co-chair of the Exemptions and Immunities Committee of the ABA Antitrust Law Section.David earned his B.A., magna cum laude with Highest Honors in government, from Patrick Henry College, and his J.D. from Georgetown University Law Center, where he served as Articles Editor for the Georgetown Law Journal.

David Shaw

Megan Gerking is a partner in Morrison Foerster’s Global Antitrust Law practice, specializing in government-facing antitrust matters. Megan represents companies in criminal and civil conduct investigations before the U.S. Department of Justice (DOJ) Antitrust Division, Federal Trade Commission (FTC), and state enforcers and in all phases of the merger review process before U.S. and foreign competition authorities.Megan, a former trial attorney with the DOJ’s Antitrust Division, is an experienced antitrust attorney focused on complex antitrust law matters, including government investigations, strategic transactions, and civil litigation. She regularly counsels clients on antitrust issues arising from industry consortiums, trade association activities, and other collaborations. While serving in the Antitrust Division, Megan investigated and prosecuted federal antitrust violations and international cartel cases. She leverages her DOJ experience when reviewing, developing, and implementing clients’ antitrust compliance programs and routinely delivers antitrust compliance training for employees.As part of Megan’s merger practice, she regularly helps clients in all aspects of merger review, including developing strategy for structuring transactions, assessing and complying with obligations under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”), and securing clearance from antitrust enforcers in the United States and abroad. Megan has represented third parties in agency reviews of deals, including at trial.Megan has experience representing clients across a broad range of industries, including media, telecom, technology and software, financial services, consumer products, aviation, higher education, manufacturing, agriculture, and life sciences. While in the Antitrust Division, Megan prosecuted the first individual extradited to the United States on an antitrust charge. For her work investigating and prosecuting international price fixing, bid rigging, and market-allocation conspiracies by automotive parts suppliers, Megan earned the Assistant Attorney General’s Award for Distinguished Service. Megan was also awarded the DOJ’s Outstanding Mentor Award by the Attorney General. Further, she was recognized this past year in Bloomberg Law’s 40 Under 40 and as a finalist for The American Lawyer’s 2022 Young Lawyer of the Year. Additionally, Megan has served as a Non-Governmental Advisor to the International Competition Network (ICN) and spoke at the ICN Cartel Workshop in Lisbon, Portugal, in November 2022. Megan is also a member of our global Environmental, Social, and Governance (ESG) steering committee.Megan is currently an editor of ABA magazine The Antitrust Source. Megan received her J.D., cum laude, from Georgetown University Law Center, where she served on the editorial board of The Tax Lawyer. She received her B.A. in economics and political science from the University of Michigan.Before attending law school, Megan worked in the DOJ’s Office of Public Affairs, assisting the Assistant Attorney General of the Antitrust Division in all media matters and serving as a spokesperson for national media. She also worked as a paralegal for the Antitrust Division, supporting trial attorneys investigating and prosecuting corporations and individuals for violations of criminal antitrust laws.<h4>Representative Experience</h4><h5>Criminal and Civil Antitrust Investigations</h5><ul><li>Obtained non-prosecution protection for two healthcare companies she represented in separate DOJ Antitrust Division criminal investigations.</li><li>Represented an energy company in a criminal investigation.</li><li>Obtained a non-prosecution agreement for a senior executive in a criminal investigation into market allocation and bid rigging of generic drugs by the DOJ.</li><li>Regularly advises senior executives on DOJ antitrust criminal investigations involving allegations of price fixing, market and customer allocation, and bid rigging and obtained non-prosecution protection for several individuals.</li><li>Assisted a technology company in an FTC monopolization investigation.</li><li>Represented a private equity fund in a state AG investigation.</li><li>Counseled a senior executive in an international criminal cartel investigation.</li><li>Obtained a non-prosecution agreement for a senior executive in a criminal investigation into conduct related to the hiring of employees.</li></ul><h5>Antitrust Merger Review</h5><ul><li>ShowingTime. Navigated ShowingTime Inc., a leading real estate showing management and market stats technology provider, through an extended review by the Federal Trade Commission of its $500 million vertical acquisition by Zillow Group. </li><li>Unity Technologies Corp. Obtained merger clearances for Unity in connection with an asset carve-out acquisition from Weta Digital for certain assets, including its audiovisual effects development and management software tools, for a purchase price of $1.625 billion. </li><li>Grant Thornton. Advised and obtained merger clearances for Grant Thornton LLP in connection with the sale of its Public Sector Advisory practice to Guidehouse.</li><li>Divvy. Represented Divvy, a leader in spend management, in its $2.5 billion stock and cash sale to Bill.com.</li><li>NTT LTD. Represented NTT, a leading IT infrastructure and services company, in its $330 million cash sale of WhiteHat Security to Synopsys, Inc.</li><li>Palo Alto Networks. Advised Palo Alto Networks on its agreement to acquire Cider Security, a pioneer in application security and software supply chain security.</li><li>Continental Building Products. Represented Continental Building Products, a North American leader in wallboard and joint compound materials, in negotiations to secure antitrust approvals for its sale to Saint-Gobain. The transaction cleared without a “second request” investigation.</li><li>The Walt Disney Company. Assisted The Walt Disney Co. in its $71 billion acquisition of certain businesses from 21st Century Fox.</li><li>Bombardier. Represented Canadian aircraft manufacturer Bombardier in connection with the worldwide antitrust clearance of its sale of a controlling interest in the “C Series” line of commercial passenger jets to Airbus. The transaction cleared without any second-phase reviews.</li><li>Advised third parties on civil investigative demand (CID) responses, including Nouryon, a global specialty chemical leader, as a third-party witness in an FTC litigation challenge of a transaction between Evonik and PeroxyChem.</li><li>Counseled corporate clients on antitrust issues in complex transactions, including collaborations, joint ventures, acquisitions, and mergers.</li></ul><h5>Antitrust Litigation</h5><ul><li>Glenmark Pharmaceuticals, Inc. Representing Glenmark in a federal antitrust multidistrict litigation alleging price fixing and market allocation of generic drugs by manufacturers of generic drugs.</li><li>Nexstar Media Group. Representing Nexstar, America’s largest local television and media company, in federal antitrust litigation alleging price fixing in television advertising.</li><li>Represented a leading international financial institution in multiple, sprawling class action lawsuits alleging a global conspiracy by some of the world’s largest banks to manipulate the interbank offer rate (IBOR) benchmark for multiple currencies.</li></ul>

Megan E. Gerking

Antitrust Law

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72nd Antitrust Law Spring Meeting

10 Apr 2024 - 12 Apr 2024