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Antitrust Compliance Part 2: Criminal Antitrust Training & Compliance Best Practices

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Description

Criminal antitrust investigations are among the most serious legal risks a company can face, with exposure to large criminal fines, class action lawsuits, and lengthy jail terms for officers, directors, and employees. Those risks are continuing to grow as the US DOJ has begun to pursue criminally non-solicitation and wage-related employment agreements between companies. This program will help you identify problematic conduct and strengthen compliance and prevention, including:

  1. Permissible, procompetitive competitor collaborations
  2. Identifying “hard core” antitrust violations, including “no poach” and “wage fixing” arrangements;
  3. US DOJ’s incentives for antitrust compliance programs and keys to improving compliance programs; and
  4. Collective lobbying of state or federal government or regulators

Contributors

  • Brent Snyder

    Brent Snyder is an antitrust partner in the San Francisco office of Wilson Sonsini Goodrich & Rosati. With more than 25 years of civil and criminal litigation and trial experience in both the private and public sectors, Brent is a leading U.S. and internationally recognized antitrust and competition attorney with deep expertise in antitrust cartels and related criminal violations.

    Prior to joining the firm, Brent served as chief executive officer of the Hong Kong Competition Commission (HKCC), Hong Kong’s competition enforcement agency, where he had day-to-day responsibility for all aspects of its enforcement, policy, advocacy, and administration functions. During his tenure, which involved overseeing a budget of approximately $15 million, the HKCC set several important litigation precedents; significantly increased the volume, variety, and complexity of its enforcement work; improved its leniency and cooperation incentives; and enhanced its competition policy and advocacy work.
    Previously, Brent was the U.S. Department of Justice’s highest-ranking criminal antitrust enforcement lawyer, serving as the Antitrust Division’s Deputy Assistant Attorney General for Criminal Enforcement (DAAG) from 2013 to 2017. In this role, he oversaw all U.S. criminal antitrust investigations and prosecutions, as well as criminal policy matters, and was involved in the formulation of numerous Antitrust Division and DOJ policies and policy statements that remain in effect today, including the Memorandum on Individual Accountability for Corporate Wrongdoing (the so-called “Yates Memo”). His work also included investigations of non-antitrust criminal violations, such as fraud, obstruction of justice, and false statements. In addition, he served as the Acting Assistant Attorney General for Antitrust during the transition between the Obama and Trump administrations.
    Before becoming DAAG, Brent was a Trial Attorney in the Antitrust Division’s National Criminal Enforcement Section and then its San Francisco office from 2003 to 2013, where he investigated and prosecuted Sherman Act cases and related criminal violations, including grand jury investigations, indictments, litigation, and jury trials.

    Previously, Brent was a commercial litigation partner in the Seattle office of Perkins Coie. He was also a litigation associate in Paul Hastings’ Los Angeles office. While in private practice, Brent represented clients in a range of cases, including antitrust, entertainment, employment, contract, and intellectual property law matters, for clients in the banking, automobile manufacturing, telecommunications, technology, and international trading industries, among others. His representations included serving as first- and second-chair trial and arbitration counsel. Brent began his legal career as a clerk for the Honorable Alan C. Kay, Chief Judge for the U.S. District Court of the District of Hawaii.

  • Mark Rosman

    Mark Rosman is a partner in the Washington, D.C., office of Wilson Sonsini Goodrich & Rosati and a member of the firm's antitrust practice. With nearly 20 years of experience as a trial attorney and prosecutor in the Antitrust Division of the U.S. Department of Justice, Mark is well positioned to represent and counsel clients in connection with a variety of national and international antitrust matters, including cartel defense, criminal enforcement investigations, and merger and civil non-merger cases. Global Competition Review, in its review of antitrust lawyers in the United States, referred to Mark as the "real deal," while Chambers USA described him as a "'top-tier' criminal cartel and investigations specialist” and noted that he "is widely regarded as one of the leading criminal litigators in the antitrust space. He is described by sources as 'a very experienced trial attorney.'"
    Prior to joining the firm, Mark served as Assistant Chief of the National Criminal Enforcement Section in the U.S. Department of Justice's Antitrust Division. In this role, he oversaw teams of trial attorneys and law enforcement agents who prosecuted numerous cartel cases and related violations, including Foreign Corrupt Practices Act (FCPA) violations, bribery, wire fraud, obstruction of justice, and kickbacks. Mark was lead attorney on many of the section's most prominent enforcement actions, including the Antitrust Division's investigation into air transportation price-fixing—one of its largest ever—which resulted in a record $1.8 billion in fines.
    Previously, Mark was Special Assistant to the Directors of Enforcement in the Antitrust Division's Office of Operations, where he assisted Directors and Deputy Assistant Attorneys General in criminal matters and merger and civil non-merger cases. He worked on many cases involving amnesty, recommended indictments, plea agreements, immunity, investigations, and case development. Mark began his legal career as a trial attorney in the Dallas field office of the Antitrust Division.

  • Jeff VanHooreweghe

    Jeff VanHooreweghe is a partner within the antitrust practice in Wilson Sonsini Goodrich & Rosati's San Francisco office. His practice encompasses all aspects of antitrust law, including criminal grand jury investigations, civil investigations, private litigation, merger clearance, and compliance counseling.
    Prior to joining the firm, Jeff worked as an associate at Skadden, Arps, Slate, Meagher & Flom LLP in Washington, D.C. At Skadden, Jeff advised clients on a number of different matters before federal agencies and courts in the United States and abroad, with a particular focus on criminal grand jury investigations and private civil litigation. For example, Jeff served as a lead attorney for an international air carrier involved in a multi-year criminal price-fixing investigation and several putative class actions. He also advised several companies in the technology and energy industries in connection with merger and non-merger investigations before the United States Department of Justice and the European Commission.
    Jeff began his legal career in 2001 as a trial attorney in the Attorney General's Honors Program with the Department of Justice's Antitrust Division. At the Antitrust Division, Jeff worked in the Networks & Technology Section on civil merger and non-merger matters in the information technology, software, and financial services industries. Some of the more notable litigation cases that Jeff worked on at the Antitrust Division include United States v. Microsoft Corp. (D.C. Cir.), United States v. Oracle Corp. (N.D. Cal.), and United States v. SunGard Data Sys., Inc. (D.D.C.).

May 19, 2021
Wed 3:00 PM EDT

Duration 1H 0M

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