Antitrust, UCL and Privacy Section

News from the Section

Webinar: Expert Evidence in Class Action Litigation

Wednesday, November 16, 2016, 12:30 p.m. - 1:30 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

Join our panel of experienced privacy and antitrust litigators and experts for a live web seminar on the effective use of expert evidence in class actions. This seminar provides an overview of the use of experts and expert evidence at both the class certification and trial stages of antitrust and privacy class actions. The panel will discuss key issues such as proving harm in privacy actions, Daubert challenges to economic experts, and using expert evidence at trial effectively and persuasively.


  • Sophie Sung, Paul Hastings LLP


  • Rafey S. Balabanian, Edelson PC
  • Andrew Lanphere, Pillsbury Winthrop Shaw Pittman LLP
  • Aaron Yeater, Analysis Group

Privacy Law Symposium: Insider Views on Emerging Trends in Privacy Law Litigation and Enforcement Actions in California

Wednesday, November 30, 2016
Los Angeles County Law Library
301 West 1st Street, Los Angeles, CA 90012

4:45 p.m. – 5 p.m Registration
5 p.m. – 6:30 p.m. Panel Presentation
6:30 p.m. – 8:00 p.m. Reception

Earn 1.5 Hours MCLE Credit

Registration is free for members of the Antitrust, UCL and Privacy Section, and members of the California Young Lawyers Association, and is only $35 for others.  You can now REGISTER ONLINE. Online registration will close after November 23, 2016.  

Privacy law has been a rapidly evolving area of California litigation in recent years.  Come hear a cutting edge discussion of emerging trends in privacy law by experienced members of the state judiciary, bar, and government.  This panel features the Honorable Kim G. Dunning, prominent privacy attorneys from the plaintiffs’ and defense bars, a renowned economic expert, and officers of the California Department of Justice and the Federal Trade Commission.

For full information, see Privacy Law Symposium.

Generic Competition and Innovation in the Pharmaceutical Industry: REMS Programs and Life Cycle Management/Product Hopping

Thursday, December 8, 2016, 12 noon - 1:30 p.m.

Co-sponsored by the Intellectual Property Law Section. This program offers 1.5 hours participatory MCLE credit. You must register in advance to participate.

The Federal Trade Commission (FTC) and numerous courts are currently analyzing reverse payments within the Sherman Act framework the U.S. Supreme Court set forth in FTC v. Actavis. But these analyses are only part of a much larger universe of intriguing issues being generated by the intersection of antitrust law, intellectual property, and pharmaceutical regulation in litigation across the country.  Generic pharmaceutical company, consumer, and enforcer plaintiffs have alleged that brand pharmaceutical companies abuse certain aspects of Risk Evaluation and Mitigation Strategies ("REMS programs"), which are programs the FDA sometimes requires to minimize the risks associated with certain drugs.  Plaintiffs also allege that branded drug companies violate antitrust laws when they engage in a particular business strategy relating to the timing of new product releases, a strategy that plaintiffs call “product-hopping.”  And earlier this year, a bill was reintroduced that would create a separate cause of action for the type of behavior alleged in cases dealing with REMS (the “CREATES Act”).  Our panelists will comment on these and other developments touching on the complex legal and policy issues at the crossroads of pharmaceutical regulation, IP law, and antitrust law.

Moderator: Anna Fabish, O'Melveny & Myers LLP


  • Cheryl Johnson, California Department of Justice
  • Erika Leitzan, University of Missouri School of Law
  • Rosanna McCallips, Jones Day

The Antitrust, UCL and Privacy Section of the State Bar of California Is Pleased to honor Paul R. Griffin as the 2016 Antitrust Lawyer of the Year

Paul GriffinThe award was  given at the 2016 Golden State Institute, Thursday, November 3, 2016, in San Francisco.

Paul Griffin, a “San Francisco Tier 1 antitrust lawyer,” according to U. S. News & World Report, is a partner in Winston & Strawn’s San Francisco office.  Paul is part of the Winston antitrust group which was awarded “2015 Team of the Year” in Cartel Defense by The Legal 500 and is “Highly Recommended” by Global Competition Review.  Before joining Winston where he has served as global antitrust Co-Chair, he served as Chair and Vice Chair of the antitrust practices at the Pillsbury and Thelen firms, respectively.

For more information, see Antitrust Lawyer of the Year.

Seventh Circuit Affirms Certification of Containerboard Purchaser Class

On August 4, 2016, the United States Court of Appeals for the Seventh Circuit affirmed a district court decision certifying a nationwide class of purchasers of containerboard who alleged that producers and sellers of containerboard colluded to agree on prices, both directly and through mechanisms such as output restrictions.  Kleen Prods. LLC v. Int’l Paper Co., 2016 U.S. App. LEXIS 14282 (7th Circuit August 4, 2016). Read more.

Class Certified in Delta Air/AirTran Baggage Antitrust Litigation

On July 12, 2016, U.S. District Court Judge Timothy Batten granted class certification status to consumers in a multidistrict antitrust action alleging that Delta Airlines and AirTran colluded to implement fees for passengers’ first checked bags.  The case, In Re Delta/AirTran Baggage Fee Antitrust Litigation, Case No. 1:09-md-2089-TCB, is pending in the Northern District of Georgia, Atlanta Division. Read more.

FTC Takes LABMD To Task For Inadequate Computer Security Practices in Violation of Section 5(n)

In a unanimous opinion, the Federal Trade Commission ruled that an Administrative Law Judge erred when he concluded that the FTC failed to prove that LabMD, a Georgia-based clinical testing laboratory, had engaged in an “unfair or deceptive trade practice” based on inadequate computer security for records containing protected health information (PHI) and sensitive personally identifiable information (PII).  In re LabMD (Opinion of Commission), FTC No. 9357 (F.T.C. July 29, 2016). Read more.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

California Antitrust and Unfair Competition Law, Revised Edition

California Antitrust and Unfair Competition Law, Revised EditionCheryl Lee Johnson, Editor-in-Chief

Gain authoritative understanding of California antitrust and unfair competition statutes, policies and issues with one-volume convenience. This treatise brings you up to speed on everything from horizontal combinations and vertical restraints to public enforcement of California antitrust laws and trial considerations.

You get full coverage of The Cartwright Act along with related California consumer and unfair competition laws, and how they apply to the health industry, regulated industries, the labor market, electronic media, the internet and other fields. Additionally, there are chapters covering damages, defenses to liability including exemptions and immunities, injunctive relief, class actions, attorney’s fees and costs, insurance issues, and much more. This publication includes contributions from over 120 highly experienced antitrust practitioners in both the private and government sectors, as well as the executive members of the Antitrust, UCL and Privacy Section of the California State Bar.

$260, 1 volume, loose-leaf, updated annually, Pub. #01577, ISBN 9780769856896

To order, call 800-223-1940 or visit the LexisNexis Store.

Contact Us

Antitrust & Unfair Competition Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2368 fax