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Free Webinar: Cross-Cultural Differences at Trial

June 22 @ 10:00 am 11:00 am

Free event! No MCLE.

This one-hour webinar will explore the complexities that arise when trying a civil or criminal antitrust case against foreign defendants before a jury in the United States. Panelists will describe their experiences in overcoming cross-cultural hurdles in prosecuting claims and presenting defenses at trial. Topics include:

  • Jury selection strategies
  • How to make a jury care about conduct taking place abroad
  • What to tell a jury about the importance of an industry, firm, or business practice in a defendant’s home country
  • How and when to use cultural expert witnesses
  • The impact of proceedings before foreign tribunals, regulators, and leniency applications in U.S. court
  • How to make effective presentations of foreign language documents and testimony through an interpreter

Moderator: Brent Snyder
Speakers: Alison Anderson, Rachel S. Brass, Brendan P. Glackin

Brent Snyder, a partner in the San Francisco office of Wilson Sonsini Goodrich & Rosati, is a nationally and internationally recognized antitrust and competition attorney with over 25 years of civil and criminal litigation and trial experience in the public and private sectors. He was previously the United States Department of Justice’s highest-ranking antitrust criminal enforcement attorney, serving as Deputy Assistant Attorney General for Criminal Enforcement at the Antitrust Division. From 2003 to 2017, Mr. Snyder focused on antitrust cartels and related criminal violations, prosecuting cartels in the Air Transportation, Coastal Water Freight, and Thin-Film Liquid Crystal Display industries and overseeing the Antitrust Division’s Automobile Parts, Foreign Exchange, Generic Drugs, Ocean Shipping, Packaged Seafood, and Real Estate Mortgage Foreclosure Auction investigations.  Mr. Snyder also served as chief executive officer of the Hong Kong Competition Commission, Hong Kong’s competition enforcement agency, where he had day-to-day responsibility for all aspects of its enforcement, policy, advocacy, and administration functions.

Alison Anderson, an Assistant Deputy Chief of the U.S. Department of Justice’s Criminal Division’s Fraud Section, advises on all corporate resolutions and monitorships related to the Fraud Section’s Market Integrity and Major Fraud (MIMF) Unit.  Alison served as a prosecutor in the Unit’s predecessor since 2012, investigating and prosecuting individuals and Fortune-500 companies.  Her cases have involved complex wire fraud schemes, banking, securities and mortgage frauds, Ponzi schemes, money laundering conspiracies, and bribery schemes, as well as corporate frauds involving financial institutions, automakers, and technology companies.  Alison has worked alongside prosecutors within the U.S. Department of Justice’s Antitrust Division in investigations of alleged market manipulation by large international financial institutions.  Alison co-led a team of Fraud Section and Antitrust Division attorneys that secured convictions of two defendants who manipulated the LIBOR interest rate in a challenging and high-profile trial, U.S. v. Connolly, in the Southern District of New York.  Alison helped secure a corporate resolution, requiring Deutsche Bank to enter into a deferred prosecution agreement, and its London subsidiary to plead guilty.  Deutsche Bank and its related entities paid criminal monetary amounts of approximately $775 million.  As part of that resolution, Alison has overseen Deutsche Bank’s ethics and compliance monitorship.

Rachel S. Brass is a partner in the San Francisco office of Gibson, Dunn & Crutcher and Global Co-chair of the Firm’s Antitrust and Competition Practice Group.  She has extensive experience representing clients in high-stakes appellate litigation in the Supreme Court, as well as Federal and state appellate courts throughout the United States.  Ms. Brass’s extensive antitrust and competition experience includes litigation and trial of indirect and direct purchaser claims, international cartel matters, mergers and acquisitions, grand jury investigations, and other antitrust investigations by competition enforcers globally.  In 2018, the Daily Journal recognized Ms. Brass for her complete defense jury verdict, a first of its kind class action trial of direct and indirect purchaser antitrust claims, and she was selected by The American Lawyer as a Litigator of the Week based on that same win.  Women Competition Professionals in Americas selected Ms. Brass among its 2019 “40 in their 40” list.  Concurrences Review recognized Ms. Brass at its 2017 Antitrust Writing Awards for her article “Practical Advice for Avoiding Hub-and-Spoke Liability,” which was selected as the winner in the Business category, Concerted Practices section.  Ms. Brass teaches an upper-level competition law course at the UC Berkeley School of Law.

Brendan P. Glackin chairs the antitrust practice group of Lieff, Cabraser, Heimann & Bernstein, LLP.  He has practiced antitrust law for nearly two decades  and has tried more than 20 civil and criminal cases. His successes include the titanium dioxide antitrust class action ($163.5 million in settlements); the liquid crystal displays (LCDs) price-fixing litigation ($470 million in settlements); and the Norvir antitrust litigation. Mr. Glackin served as trial counsel in all three cases and, via LCDs, remains one of small number of plaintiff attorneys in America to have successfully taken a class action antitrust case to verdict before a jury. His work against price-fixing cartels has continued in his representation of a class of indirect purchasers in the Lithium Ion Batteries price-fixing litigation. Mr. Glackin also has contributed groundbreaking work in litigation against drug makers for blocking access to affordable generics including the blockbuster brand-name prescription drug Cipro ($399 million in settlements), which led to a 2016 “California Lawyer Attorney of the Year” (CLAY) award.  He also serves as lead counsel for Nashville General Hospital and District Council 37 in a class-action antitrust case against Sandoz and Momenta Pharmaceuticals for monopolizing enoxaparin, the generic version of the blockbuster anti-coagulant Lovenox.

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