Learn best practices with respect to compliance and legal policies as well as risk-minimization strategies.
One might question the linkage of antitrust and privacy in providing guidance to in-house counsel, compliance officers, privacy and data security managers, internal audit personnel, and other in-house financial personnel. However, events of the past year have profoundly influenced security and enforcement policies, and persons charged with compliance must quickly adapt with respect to both areas. At least three major factors have defined this necessity.
The first factor is the COVID-19 pandemic. The economic benefit programs and massive adoption of remote work have enhanced the risks to data privacy and security regarding personally identifiable and protected health information and intellectual property. Another risk area concerns the avoidance of fraudulent conduct in obtaining federal benefits.
The second factor is the advent of a new presidential administration. This has led to efforts, not just to enhance antitrust enforcement but to reorder antitrust theory itself. While these efforts have been primarily directed at technology and health care, they have had an immediate effect on antitrust compliance.
The third factor is the threat by state-sponsored and economically motivated actors to the security and privacy of digital information. This has created a host of compliance issues regarding the adoption and monitoring of best practices, dealing with government enforcement, and even the ethical responsibilities of lawyers. This material will review enforcement shifts concerning antitrust and data privacy, best practices concerning compliance and legal policies, novel compliance issues, and risk-minimization strategies.
Agenda
Faculty
Stuart M. Gerson
Epstein Becker & Green, P.C.
- Former Acting Attorney General of the United States, Assistant Attorney General, and federal prosecutor with hands-on enforcement and policy experience with respect to antitrust, cyber security, and data privacy.
- Experience in counseling and defending companies in antitrust litigation, including the successful court defenses of recent hospital mergers and other healthcare-related cases
- Successful defense of class action litigation related to the privacy of both PII and PHI
- Broad successful litigation and counseling experience with respect to the Federal False Claims Act and other fraud actions
- As a corporate director, head of a compliance committee in a heavily data-centric industry
- Director of the National Council of Registered ISAOs, related to the adoption of best cyber practices and the fostering of public/private partnerships
- Member of National Chamber of Commerce Working Groups on cybersecurity and Artificial Intelligence
E. John Steren
Epstein Becker & Green, P.C.
- Co-chair of the antitrust service team at the law firm of Epstein Becker & Green, P.C.
- Counseling and defending clients for over thirty years in antitrust matters, including defense of antitrust enforcement actions brought by the Federal Trade Commission and the Antitrust Division of the Department of Justice
- Broad successful litigation experience with respect to antitrust and other competition-related matters, including theft of trade secrets and violations of restrictive covenants
- Contributing author to numerous publications on the topic of antitrust and co-author of the widely circulated blog post Antitrust Byte
- Frequent lecturer on antitrust-related topics
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