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Guidance for Antitrust and Privacy Compliance

 

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, and internal audit and other in-house financial personnel. However, events of the past year that have profoundly influenced security and enforcement policies to which persons charged with compliance must quickly adapt with respect to both areas. At least three major factors have defined this necessity.
First, the COVID-19 pandemic, its economic benefit programs and massive adoption of remote work have enhanced risks to data privacy and security with respect to personally identifiable and protected health information, and intellectual property. Another risk area concerns avoidance of fraudulent conduct in obtaining federal benefits.
Second, the advent of a new presidential administration and increasing activism on both sides of the Congressional aisle have led to efforts, not just to enhance antitrust enforcement, but to reorder antitrust theory itself. While these efforts are primarily directed at the technology and health care spaces, they are having immediate effect on antitrust compliance generally.
Third, the security and privacy of digital information increasingly has been threatened by state-sponsored and economically motivated actors. This has created a host of compliance issues regarding adoption and monitoring of best practices, dealing with government enforcement, and even ethical responsibilities of lawyers.
Thus, we are going to discuss enforcement shifts with respect to antitrust and data privacy, best practices with respect to compliance and legal policies, and novel compliance issues and risk-minimization strategies.

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Guidance for Antitrust and Privacy Compliance

Agenda

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Guidance for Antitrust and Privacy Compliance

Faculty

Stuart M. Gerson

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 both with respect to antitrust and data privacy and security
  • Experience in counseling and defending companies in antitrust litigation, including the successful court defenses of recent hospital merger and other health care-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 Federal False Claims Act and other fraud actions
  • As a corporate director, head of compliance committee in heavily data-centric industry
  • Director of National Counsel of Registered ISAO’s, related to the adoption of best cyber practices and the fostering of public/private partnerships
E. John Steren

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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Guidance for Antitrust and Privacy Compliance

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