On Demand Audio

The Intersection Between Antitrust, Ethics, and Compliance

(346 reviews)

Produced on June 11, 2019

Taught by
$ 59 Ethics and Antitrust In Stock
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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

Lawyers practicing in a specialized area such as antitrust must be concerned not only about the technical requirements of antitrust laws, but also about their ethical obligations as attorneys. Not long ago, when prominent clients got in trouble, the attorneys would, at most, make a statement to a reporter while otherwise operating in the background. Recently, however, the focus of enforcement is increasingly directed at the lawyers as well. Was the legal team involved in the alleged illegality? Did they facilitate the client’s activities by turning a blind eye to illegal conduct?

This program will review the basic ethical obligations for all lawyers, and drill down on common ways that ethical lines can be crossed - intentionally or otherwise - in the antitrust world.


Learning Objectives:

  1. Review the basic ethical obligations under the Model Rules
  2. Discuss how technological advances are affecting the ethical practice of law
  3. Advise clients with an eye on the government’s enforcement of criminal antitrust laws
  4. Analyze privilege issues in the antitrust context
  5. Consider the obligations of counsel with regard to maintaining compliance and preventing violations

Credit Information

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Faculty

Theodore L. Banks

Scharf Banks Marmor

Theodore L. Banks (Ted) is a partner in the firm of Scharf Banks Marmor LLC in Chicago, where his practice concentrates on general corporate and antitrust matters.  He is also President of Compliance & Competition Consultants, LLC, a firm devoted to assisting corporations in development of effective and efficient programs in the areas of corporate compliance, internal investigations, and records management.  Formerly, he served as Chief Counsel & Senior Director, Global Compliance Policy, at Kraft Foods in Northfield, Illinois. During his career at Kraft, his responsibilities also included supervision of complex litigation, negotiation of major corporate transactions, global records management, antitrust, and supervision of computer applications used in the Corporate and Legal Affairs Department.  He is an Adjunct Professor of Law at Loyola University (Chicago) School of Law, where he teaches corporate compliance.

Throughout his career, Ted directed many substantial corporate transactions and dozens of litigated cases, in antitrust and in other areas.  He supervised the $19 billion acquisition of Nabisco by Kraft, and the $8.7 billion IPO of Kraft Foods Inc. He currently serves as a compliance monitor on behalf of the Federal Trade Commission and the Competition Bureau of Canada.  Ted is a graduate of Beloit College (B.A. Government) and the University of Denver Sturm College of Law, where he served as Editor-in-Chief of the Denver Journal of International Law and Policy.

Ted has written numerous articles on antitrust, compliance, and legal automation topics. He co-edited the Corporate Legal Compliance Handbook, published by Aspen/Wolters-Kluwer, and his multi-volume treatise, Distribution Law: Antitrust Principles and Practice, also published by Aspen/Wolters-Kluwer, is now in its second edition.  He is also the author of the chapter on Compliance in the Antitrust Adviser, published by Thomson Reuters. He has been recognized as a “Super Lawyer,” as one of the “Attorneys Who Matter,” and one of 50 “Governance, Risk & Compliance Trailblazers and Pioneers. He is a frequent speaker at professional education programs, where he strives not to bore the attendees too much.





Reviews

KH
Keith H.

having worked with all of these issues prior to my retirement, i was genuinely surprised to see how much new law had developed. An excellent presentation.

LT
Larry T.

Excellent presentation.

BT
Brian T.

Fabulous use of examples!! Great lecture.

HR
Holly R.

Excellent presenter, clearly knowledgeable. Thank you.

EN
edward n.

great course!

JF
J Gregory F.

Good presentation and valuable material

LA
Lee A.

Speaker did a good job incorporating relevant law.

MM
Martha Jane M.

Enjoyed the printed materials on the split screen.

AS
Ahban S.

This was a great and informative course.

CB
Chris B.

Great presentation. The Material concerning compliance and internal investigation is hard to find and yet crucial for anyone who operates in this capacity. Thanks for clearing up matters that I have sought answers to for years.

DF
Davy F.

The presenter knew his stuff.

BD
Bradley D.

Thanks for a nice course/easy to use online environment.

JG
John-Paul G.

he did a great job, I liked his presentation

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