Antitrust and Unfair Competition Law

Competition: 2016, Vol 25, No. 2


Paul Riehle

Sedgwick LLP

San Francisco, CA

With many thanks to all who contributed, particularly the authors and editors, the Antitrust, Unfair Competition Law and Privacy Section is pleased to provide you with another edition of Competition. Special thanks to Heather Tewksbury our Editor-in-Chief, who provides an overview of this edition in her Editor’s Column.

This issue is being distributed contemporaneous with our flagship program, the Golden State Institute, being held November 3, 2016. For the fifth year in a row, we will have presentations on "Big Stakes" Antitrust Trials, this year with counsel from United States vs. AB Electrolux & General Electric Co. , a successful merger challenge filed by the United States Department of Justice, Antitrust Division, and In re Cox Enterprises, Inc. Set-Top Cable Television Box Antitrust Litigation, a Section 1 claim of illegal tying by forcing consumers to rent a Cox set-top box in order to gain full access to Cox’s premium cable service. For the fourth year in a row, the luncheon program will involve a sitting California Supreme Court Justice, this year Associate Justice Carol Corrigan. We are also pleased to present programs on assessing damages in privacy cases, a distinguished panel of federal judges—Judge Denise Cote from the Southern District of New York and Northern District Judges Lucy Koh and James Donato—and views from the Department of Justice Antitrust Division, featuring Renata Hesse (the acting head of the Antitrust Division), Brent Snyder (Deputy Assistant Attorney General for Criminal Enforcement) and our Section’s own Kate Patchen (Chief of the DOJ’s San Francisco Office). In the evening, we honor Paul Griffin of Winston & Strawn LLP as our 2016 Antitrust Lawyer of the Year.

Please join us on November 30, 2016 at the Los Angeles County Library, for a Privacy Law Symposium, which will provide insider views on emerging trends in privacy law litigation and enforcement actions in California. The panel will be moderated by Orange County Complex Litigation Judge Kim G. Dunning and will feature Tina Wolfson on the plaintiffs’ side, Lori Chang providing the defense perspective, economic consultant Henry Fishkind, Lisa Kim, Deputy Attorney General, California Department of Justice, Privacy Enforcement and Protection Unit, and Tom Dahdough, Federal Trade Commission Western Region Director and 2014-15 Section Chair. Thank you to Jill Manning, our Privacy Vice Chair, for organizing this event and many Section webinars over the last year.

The State Bar’s Annual Meeting in October marked the end ofmy term as Chair ofthe Section. It has been an honor and a privilege to serve as Chair over the last year, and as a member of the Executive Committee since 2010. Notwithstanding a tumultuous year for the State Bar politically, our Section’s membership increased substantially as a result of the excellent live educational programs, treatise, e-briefs and this journal. What I appreciate the most about my years on the Committee are the friendships formed with and the collegiality displayed by all sides of our profession: government enforcers, the plaintiffs’ bar, and defense counsel. Thank you to everyone on the Committee for making this a successful year, and particular thanks to Sarretta McDonough and Aaron Sheanin, who are cycling off the Committee as members and who will continue to participate as advisors.

Congratulations to Niall Lynch as the Chair of our Section for 2016-17. Niall is a partner in the San Francisco office of Latham & Watkins LLP and previously spent 15 years as a prosecutor in the Antitrust Division of the DOJ. Niall has been a member of our Section’s Executive Committee since 2011, most recently serving as Vice Chair responsible for the Golden State Institute.

Congratulations also to new members of the Executive Committee Rafey Balabanian, Abiel Garcia and Jason Bussey. With them, Niall, and the returning Vice Chairs, Deputy Vice Chairs and other Committee members, I am confident that our Section will continue to be favored with outstanding educational offerings and collegiality for many years in the future.

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