PROFNET EXPERT ALERTS: Business & Technology

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TOPIC ALERT

Antitrust Law Regulations (11 responses)

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EXPERT ALERTS

1. Business: Tax Code Changes Could Cripple Companies
2. Business: Companies Can Increase ROI with Media Architect Insight
3. Careers: HR and Workplace Trends, Economy and Job Market in California
4. Careers: HR and Workplace Trends, Economy and Job Market in Ohio
5. Finance: Agency Moves Indicate Investigation Upswing
6. Finance: Offering Employees the Best 401(k) Plan
7. Finance: Corporate Bonds: How to Ride the Bull
8. Hospitals: The Healthy Hospital Movement
9. Manufacturing: Compressed Air is 'Fourth Utility'
10. Personal Finance: More Blended Families Tackle Financial Planning
11. Personal Finance: Building Good Credit by Paying Rent on Time
12. Real Estate: Foreclosures: Why Aren't Short Sales the Prime Solution?
13. Real Estate: GGP SPEs: What Does it All Mean?

ANTITRUST LAW REGULATIONS
The Obama administration recently withdrew a 2008 Bush report that made it
difficult for courts to consider antitrust cases. To prevent leading companies
from engaging in monopolistic activity, administration officials plan to
regulate the marketplace by encouraging competition and protecting consumers.
Following are law and business experts who can discuss antitrust law
regulations:
1. JEFFREY MAY, J.D., senior legal analyst of antitrust and trade regulation
for WOLTERS KLUWER LAW & BUSINESS, is a major contributor to the CCH Trade
Regulation Reporter. May can discuss how the withdrawal of the Section 2
Report will change the outcome of antitrust cases in the federal courts: "In
withdrawing the 2008 report on antitrust enforcement under Section 2 of the
Sherman Act, Assistant Attorney General Christine A. Varney said, 'the
greatest weakness of the Section 2 Report is that it raises many hurdles to
government antitrust enforcement.' Removing the past administration's
'hurdles' by withdrawing the report won't necessarily enable the government to
succeed in its efforts of 'aggressively pursuing enforcement of Section 2 of
the Sherman Act.' The Justice Department's Antitrust Division could have a
difficult time convincing a judge that an antitrust violation exists. The
trend in the case law has been toward a more restrictive view of Section 2
liability. In its most recent Section 2 case, the U.S. Supreme Court described
as 'rare' the 'instances in which a dominant firm may incur antitrust
liability for purely unilateral conduct.'" May is based in Riverwoods, Ill.
News Contact: Neil Allen, neil.allen@wolterskluwer.com Phone: +1-847-267-2179
(5/19/09)
2. MARC SCHILDKRAUT, partner at HOWREY, LLP, specializes in mergers and
antitrust litigation: "Recently, Assistant Attorney General Varney seemed to
be following the path first plowed by the majority of commissioners late last
year. In withdrawing the report, Varney said the report raised too many
hurdles to government antitrust enforcement. She let it be known that the
Antitrust Division would be aggressively pursuing monopoly cases and that the
division would rely on 'tried-and-true Supreme Court precedents.' In listing a
sample of those precedents, she failed to mention a single Supreme Court
antitrust case decided in the last eight years. For the time being, we are
back where we were before the DOJ issued its report. Firms with substantial
market shares have now lost the guidance they thought they had about where DOJ
will draw the line between exclusionary practices and aggressive competition.
One can only hope that the department and the FTC give us a new monopolization
report that provides competitors with the guidance they need to stay on the
right side of the antitrust laws." Before joining Howrey, Schildkraut was an
assistant director at the Federal Trade Commission's Bureau of Competition.
While at the FTC, he directed the investigations of hundreds of mergers and
several successful federal court injunction actions and administrative
litigations. Schildkraut is based in Washington, D.C. News Contact: Kate
Casey, kate@katecasey.com Phone: +1-949-723-0520 (5/19/09)
3. JOHN MARIANI, shareholder and co-chair of the business litigation practice
at GUNSTER, practices primarily in complex commercial litigation, class
actions and appeals, including antitrust and trade regulation, product
liability defense, securities, franchise litigation, complicated shareholder
and partnership disputes, trademark and patent litigation. Mariani can offer
insight into how businesses prepare: "The pronouncements of the Obama
administration on antitrust issues show a clear movement toward heightened
enforcement, much greater than occurred during the Bush administration. From a
statewide perspective, this movement on the federal level will undoubtedly be
echoed by stricter enforcement in Florida, as the attorney general will want
to protect consumers even more completely from anticompetitive pricing and
other predatory behavior, especially with the downturn in the economy."
Mariani is based in Gunster's West Palm Beach and Miami offices. News Contact:
Alyson Seligman, alyson@codpr.com Phone: +1-561-832-3231 (5/19/09)
4. GREGORY HUFFMAN, attorney at THOMPSON & KNIGHT, Dallas, was named as one
of "The Nation's Top 10 Antitrust Lawyers," United States Lawyer Rankings,
2007-2009: "Some might argue that preserving jobs right now at large companies
is more important than challenging them in court. However, research shows that
attempts in the 1930s to preserve employment by cutting back on antitrust
enforcement actually extended the Great Depression by up to seven years." News
Contact: Barry Pound, barry@androvett.com Phone: +1-214-559-4630 (5/19/09)
5. WILLIAM BLUMENTHAL is chairman of the U.S. antitrust group CLIFFORD
CHANCE. Prior to joining Clifford Chance, Blumenthal was general counsel of
the Federal Trade Commission, where he served as the agency's chief law
officer. He previously served as vice chair of the American Bar Association's
Section of Antitrust Law, as chair of the section's committee responsible for
mergers, and as vice chair of the committee responsible for restraints of
trade. Blumenthal has been active in the work of the International Competition
Network, the OECD, and the International and U.S. Chambers of Commerce.
Blumenthal is based in Washington, D.C. News Contact: Marisha Mistry,
marisha.mistry@edelman.com Phone: +1-212-704-4592 (5/19/09)
6. DAVID SCHEFFMAN, director of the global consulting firm LECG in their
Washington, D.C., office, is an award-winning professor, with several years of
experience in high-level government positions. Scheffman has testified in
several jury and bench trials in federal, state and administrative
proceedings, in arbitrations, in other countries, and before the Congress and
state legislatures. Further, he was recently the expert for Whole Foods in the
FTC's challenge of Whole Foods' acquisition of Wild Oats, and was cited
numerous times in the decision. News Contact: Robin Brassner,
rbrassnernyc@gmail.com Phone: +1-212-262-7472 (5/19/09)
7. ROGER DENNIS, dean of the DREXEL UNIVERSITY Earle Mack School of Law in
Philadelphia, is an expert on securities, antitrust, corporate law, civil
procedure, and law and economics. Before entering the legal academy, he was a
special assistant to the assistant attorney general in the Antitrust Division
of the U.S. Department of Justice. Dennis became founding dean at Drexel after
serving as provost, the head of campus, at Rutgers-Camden and dean of the
Rutgers-Camden School of Law. He has held an elected seat on the American Law
Institute for nearly two decades and chaired numerous committees of the
American Bar Association Section on Legal Education as well as the Association
of American Law Schools. Dennis regards some of the current effort to tie Bush
administration enforcement practices to the current economic crisis as "a
tempest in a teapot," arguing that enforcement has limited impact on macro-
economic trends. News Contact: Sarah Greenblatt, seg46@drexel.edu Phone: +1-
215-571-4804 (5/19/09)
8. JOE ANGLAND, partner at WHITE & CASE, is one of the nation's most
distinguished antitrust lawyers. Angland recently chaired the American Bar
Association's Section of Antitrust Law, the world's largest association of
antitrust attorneys. His experience covers the gamut of antitrust work,
including private damage actions, Federal Trade Commission and Department of
Justice investigations of conduct, merger work and counseling. He has
counseled banks, investment banks, insurance companies, secondary mortgage
market participants and trade associations of such companies, and has
represented such companies in litigations and merger investigations. Angland
can address: 1) the FTC's use of the FTC Act to prosecute conduct beyond the
reach of the Sherman Act; 2) likely changes in merger control; 3)
reinvigorated challenges to single firm conduct; 4) issues arising at the
interface of antitrust and intellectual property law; and 5) implications of
the economic downturn for antitrust enforcement. News Contact: Christopher
Rieck, crieck@whitecase.com Phone: +1-212-819-7960 (5/19/09)
9. MELISSA MAXMAN, partner in the Washington, D.C., office of the national
law firm BAKER HOSTETLER and head of the firm's antitrust practice group,
practices in the areas of commercial and criminal litigation, and antitrust
and RICO law. She can discuss antitrust law regulations, and has in-depth
knowledge and understanding of the legal actions of the Department of Justice
and FTC while investigating potential mergers and antitrust cases. She
regularly advises domestic corporations on domestic and international
antitrust laws, including the representation of GTE Corporation in merger
proceedings before the Pennsylvania Public Utility Commission in its merger
with Bell Atlantic Corporation, which was valued at more than $52 billion.
Maxman serves as an advisory board member of the Civil RICO Report and the
Institute for Consumer Antitrust Studies. She is a member of the American Bar
Association (Antitrust Law Section, Litigation Section and former vice chair
of the Communications Committee), the Pennsylvania Bar Association and the
District of Columbia Bar. She is also a member of the American Law Institute.
News Contact: Kelly Finamore, kfinamore@mww.com Phone: +1-201-460-2849
(5/19/09)
10. MICHAEL SALINGER, managing director of the global consulting firm LECG in
their Cambridge, Mass., office, is a leading authority on vertical mergers,
tying, bundling and other aspects of antitrust economics. Salinger is also a
professor of economics at the Boston University School of Management, where he
has served as chairman of the department of finance and economics. Prior to
joining LECG, Salinger served two years as director of the Bureau of Economics
with the FTC. News Contact: Robin Brassner, rbrassnernyc@gmail.com Phone: +1-
212-262-7472 (5/19/09)
11. DALE GRIMES, attorney and member of the transactions and operations
practice at BASS BERRY & SIMS, focuses on antitrust, consumer fraud, complex
litigation, class actions, telecommunications, energy and water. He also
specializes in antitrust counseling to clients on a variety of merger, pre-
merger notification, distribution, exclusive dealing, exclusionary practices,
market power, healthcare, pricing and joint venture issues, as well as
government and internal antitrust investigations. Grimes can discuss: 1) the
impact of recently introduced legislation and other potential regulations that
may be implemented; 2) implications for "corporate America" and how companies
should prepare for tightened regulation; 3) repercussions of the Sherman Act;
and 4) what industries will fall under the most scrutiny. Grimes is based out
of Bass Berry & Sims' office in Nashville, Tenn. News Contact: Kelly Cross,
kcross@levick.com Phone: +1-202-973-5301 (5/19/09)
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EXPERT ALERTS
1. BUSINESS: TAX CODE CHANGES COULD CRIPPLE COMPANIES. CYM LOWELL,
international tax attorney at Texas-based GARDERE WYNNE SEWELL: "After
spending much of the past year championing a crackdown on so-called offshore
corporate tax havens, President Obama recently presented proposed changes to
the U.S. tax code that, as expected, seek to limit the options available to
multinational enterprises. Considering U.S.-based companies already face a
higher tax rate when they enter the global marketplace, this would further
penalize them. To wrap these proposals in the swaddling cloth of 'protection
of U.S. jobs' is dangerously simplistic. Obama needs to be sensitive to the
ability to be competitive. It is attractive political rhetoric to call for
higher taxes for big business, but the reality is not nearly so obvious." News
Contact: Rhonda Reddick, rhonda@androvett.com Phone: +1-800-559-4534 (5/19/09)
2. BUSINESS: LARGE COMPANIES CAN INCREASE ROI WITH MEDIA ARCHITECT INSIGHT.
NICO McLANE, streaming media architect and CEO of ON DEMAND INCORPORATED - NEW
YORK, a provider of broadcast and streaming media services, can comment on how
incorporating streaming media services can increase ROI: "We find that large
organizations tend to purchase new equipment rather than taking their current
technologies and creating legacy systems. Working with a media architect can
allow a company to find systems that can be easily upgraded and refreshed,
saving money both in the present and for years to come. This approach promotes
looking inward rather than outward to improve processes." News Contact:
Adrienne Arno, adrienne.arno@gmail.com Phone: +1-212-952-1800 (5/19/09)
3. CAREERS: HR AND WORKPLACE TRENDS, ECONOMY AND JOB MARKET IN CALIFORNIA.
BETH NOSEWORTHY, regional vice president of SPHERION STAFFING SERVICES in
California, a company that provides integrated staffing solutions to meet the
evolving needs and priorities of companies and job candidates: "It is a
pleasant surprise to see the renewed sense of macroeconomic optimism among
California workers. Although this is certainly welcoming news, this cannot be
defined as a new trend just yet. While the general economist consensus is that
the road to economic recovery will be long and slow moving, it is encouraging
to read news of a slower contraction in our latest economic indicators. Given
the volatility we have seen in our Employee Confidence Index and the job
market over the last few quarters, it is still too early to positively
determine if this uptick in confidence will persist." Noseworthy is based out
of San Franscisco, and is available to comment on overall HR and workplace
trends, the economy and the job market in California. News Contact: Cheryl
Hilpert, CherylHilpert@spherion.com Phone: +1-954-308-4462 (5/19/09)
4. CAREERS: HR AND WORKPLACE TRENDS, ECONOMY AND JOB MARKET IN OHIO. BOB
SCHULTE, franchise owner of SPHERION STAFFING SERVICES in Ohio, a company that
provides integrated staffing solutions to meet the evolving needs and
priorities of companies and job candidates: "The fluctuation in our index is
in line with our expectations. Although the slight boost in worker confidence
is certainly an optimistic sign, it is difficult to determine what exactly
this increase can be attributed to. It is possible that workers are optimistic
about the potential positive impact that the stimulus package will have here
in Ohio, although the complete manifestation of these programs remains to be
seen. It is interesting to note that although macroeconomic confidence is up
among workers, our survey reveals that worker confidence in the future of
their current employer is on the decline. This should serve as a reminder to
companies of the importance of employee retention plans and open
communication, especially in these unprecedented economic times." Schulte is
based out of Lima, Ohio, and is available to comment on overall HR and
workplace trends, the economy and the job market in Ohio. News Contact: Cheryl
Hilpert, CherylHilpert@spherion.com Phone: +1-954-308-4462 (5/19/09)
5. FINANCE: AGENCY MOVES INDICATE INVESTIGATION UPSWING. JOHN TEAKELL, Dallas
criminal defense attorney and former Securities and Exchange Commission
prosecutor: "In the wake of the Madoff and Stanford Financial scandals, the
Securities and Exchange Commission has begun investigating matters it
typically had not, including credit default swaps and hedge funds. That could
be the start of a new trend. Clearly, the SEC has been stung by the criticism
that it was asleep at the wheel while all of this was going on, so now you're
bound to see a slew of new investigations, as it tries to demonstrate to
Congress and the White House that it can do its job. That means that people
setting up and running hedge funds and marketing these derivatives had better
be very, very careful." News Contact: Mark Annick, mark@androvett.com Phone:
+1-800-559-4534 (5/19/09)
6. FINANCE: OFFERING EMPLOYEES THE BEST 401(k) PLAN. JERRY KORABIK, a 401(k)
and retirement planning specialist of SAVANT CAPITAL MANAGEMENT: "Especially
in today's economy, offering employees the best 401(k) plan with the resources
that are available is key to retaining them. A lack of attention to plan
administration, design, and investments can result in inadequate 401(k)
fiduciary protection for the employer and less than ideal performance for
employees." Korabik can talk in depth on issues surrounding 401(k)s: how to
find the right plan, what companies that are thinking of cutting 401(k) plans
should do, how to provide the most effective plan for employees and what
services to look for from a provider. He can also talk about other retirement
issues, including IRAs, saving for retirement, re-evaluating your retirement
portfolio, disbursement, etc. Korabik has written a position paper called,
"The Ideal 401(k) Plan." He is based in Geneva, Ill. News Contact: Carrie
Skogsberg, cskogsberg@pretc.net Phone: +1-815-489-3955 Web site:
https://www.www.savantcapital.net (5/19/09)
7. FINANCE: CORPORATE BONDS: HOW TO RIDE THE BULL. MARK PIBL, managing
director of high-yield and leveraged loans at NEWOAK CAPITAL, LLC, a New York-
based advisory and asset management firm: "One of the most proven strategies
for investing in fixed income is to extend out of treasuries and into higher-
yielding assets, such as corporate investment grade bonds or high-yield bonds,
as signs of a recovery abound. Historically, investors seek out that higher
yield after they sense that the worst of the storm is behind them and they are
no longer satisfied with the safety of treasuries. We have gone from 'flight
to quality' to 'stretching for yield' in a fairly short time frame." News
Contact: Marisa D'Vari, MDVari@newoakcapital.com (5/19/09)
8. HOSPITALS: THE HEALTHY HOSPITAL MOVEMENT. BRIAN FLOYD, executive director
at The East Carolina Heart Institute at PITT COUNTY MEMORIAL HOSPITAL in
Greenville, N.C.: "The healthy hospital movement is more far-reaching than
green building design or eco-friendly business practices. It includes healthy
food programs, employee wellness programs and patient safety initiatives like
hand hygiene. It's all about creating healthy, sustainable hospitals for
patients, visitors, employees and the community. The benefits are immense:
improved patient outcomes, enhanced staff effectiveness and retention, lower
health care costs and more." News Contact: Lindsay Singler,
lsingler@jenningsco.com Phone: +1-919-929-0225 (5/19/09)
9. MANUFACTURING: COMPRESSED AIR IS 'FOURTH UTILITY.' MIKE IACINO, a vice
president with ATLAS COPCO COMPRESSORS in Rock Hill, S.C.: "Compressed air can
be referred to as the 'fourth utility,' following electricity, water and
natural gas. The most expensive component in the total cost of compressed air
is energy and, over the lifespan of a typical compressor, energy typically
costs several times more than the purchase price of the compressor. Measuring
and monitoring a compressed air system's energy consumption, flow rates and
operating air pressure is possible." Iacino can offer 10 simple ways
industrial manufacturers can optimize their system's efficiency and cut
utility costs while improving flow rates and output. News Contact: Mike Henry,
mhenry@wrayward.com Phone: +1-704-926-1364 (5/19/09)
10. PERSONAL FINANCE: MORE BLENDED FAMILIES TACKLE TRICKY FINANCIAL PLANNING,
ONCE THEY'RE PRODDED. LYN DIPPEL, senior financial planer and lawyer with
FINANCIAL ADVANTAGE in Columbia, Md.: "I'm seeing many more couples in second
marriages that need help to clarify their estate planning and resolve issues
like who pays for college. But people want to duck it. There are competing
interests by the nature of it. No one brings it up; I have to ask.
Furthermore, most people mistakenly think they're set because they have wills
and have named beneficiaries for their retirement accounts and life insurance
policies. Planning is emotionally fraught because one spouse often brings the
bulk of the assets to the marriage. The husband may have a big IRA while the
wife has relatively little. And there are often two -- and sometimes three --
sets of children of various ages." News Contact: Henry Stimpson,
Henry@StimpsonCommunications.com Phone: +1-508-647-0705 (5/19/09)
11. PERSONAL FINANCE: YOUNG ADULTS CAN BUILD GOOD CREDIT/FINANCIAL SECURITY
BY PAYING RENT ON TIME. EVAN SILVERMAN, CEO of WILLIAMPAID.COM, an online
resource for renters, and former CEO of one of the nation's leading student
loan originators: "A new Qvisory study proves the recession is hitting young
adults the hardest -- jobs are disappearing, credit is tightening, young
adults are forced to rent instead of buying a home. Eighteen percent have not
kept up with student loans." Silverman can offer creative tips about building
good credit and long-term financial security -- even as simply as paying rent
online and on time. He is based in Evanston, Ill. News Contact: Kirsten
Osolind, kirsten@reinventioninc.com Phone: +1-619-342-4411, ext. 711 (5/19/09)
12. REAL ESTATE: FORECLOSURES: WHY AREN'T SHORT SALES THE PRIME SOLUTION?
JIM DOUGHERTY, managing director with responsibility for residential whole
loans at NEWOAK CAPITAL, LLC, a New York-based advisory and asset management
firm: "The market should not have been surprised by the recent increase in
foreclosures, especially in the wake of the expiration of government-mandated
foreclosure moratoria. What surprises me is that no one has figured out a way
to harness the groundswell of short-sale appetite as a way to reduce
foreclosures. We are hearing of a massive backlog of short-sale requests.
Servicers are struggling to push products through modification programs or
down the foreclosure pipeline, both time-consuming and expensive propositions,
while thousands of short-sale opportunities go unanswered." News Contact:
Marisa D'Vari, MDVari@newoakcapital.com (5/19/09)
13. REAL ESTATE: GGP SPEs: WHAT DOES IT ALL MEAN? PRECILLA TORRES, managing
director of commercial real estate at NEWOAK CAPITAL, LLC, a New York-based
advisory and asset management firm: "The judge's decision regarding the SPEs
that were filed into bankruptcy took the headlines last week. Investors are
concerned, and rightly so, about this development, but it will take some time
to sort through the fallout. We've seen similar situations in the past, but
never with such a high-profile borrower or on so much debt. GGP was a major
player and they negotiated very well with their lenders. Past experience may
not be a reliable guide if they were able to eliminate certain provisions.
This is not the best development right after announcing a program to originate
new CMBS. While this may ultimately be much ado about nothing, in this
environment, investors need fewer reasons to worry, not more." News Contact:
Marisa D'Vari, MDVari@newoakcapital.com (5/19/09)
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