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Washington Health Law Summit 2022

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SPEAKING ENGAGEMENT

Washington Health Law Summit 2022

Washington, D.C.

December 12-13, 2022

Event details

December 12-13, 2022

This event is in the past. See recordings and other materials from this event below.

Healthcare Partner Elliot Golding is participating in the ABA 20th Annual Washington Health Law Summit on December 13, 2022. He will be moderating a panel entitled, “Leveraging Health Data & Digital Health Tech: Opportunities & Challenges.” To register or learn more about the event, visit their website.

Agenda

Speakers

Leads McDermott’s AdTech and Data Monetization group, combining practical business advice with deep technical experience

Advises on cutting edge issues spanning AI, digital health, connected vehicles, fintech, biometrics, advertising, and other complex topics

Draws on Chief Privacy Officer secondment to design and operationalize global privacy programs, including a library of easy-to-implement materials

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December 12, 2022
COST Pacific Northwest Regional State Tax Seminar | State Legislative Threats Likely to Roost in 2023

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COST Pacific Northwest Regional State Tax Seminar | State Legislative Threats Likely to Roost in 2023

Seattle, WA

December 7, 2022

Event details

December 7, 2022

Venue

Microsoft Corporation Campus
15010 NE 36th Street
Redmond, WA 98052

This event is in the past. See recordings and other materials from this event below.

On December 7, Eric Carstens, Michael Hilkin and Stephen Kranz will be speaking at the COST Pacific Northwest Regional State Tax Seminar on the topic of: “State Legislative Threats Likely to Roost in 2023”.

Agenda

Speakers

Eric D. Carstens focuses his practice on state and local tax matters, assisting clients with state tax controversy, compliance and multistate planning across all states for a variety of tax types and unclaimed property. Eric engages in all forms of taxpayer advocacy, including litigation, legislative monitoring and audit defense. He works closely with several of the Firm’s taxpayer coalitions focused on specific state tax policy issues such as the taxation of digital goods and services and unclaimed property.

Eric has co-authored a number of articles in publications such as State Tax Notes and the Journal of Multistate Taxation and Incentives on various state tax issues and is an active contributor to the
Inside SALT blog.

Michael Hilkin represents clients in all aspects of complex state and local tax matters. He has a particular focus on tax controversy and transactional issues relating to state and local income, franchise, sales and use, gross receipts, and other business taxes. Michael has extensive experience handling state and local tax issues before US administrative and judicial systems, including arguing cases before state courts and state supreme courts. He also regularly advises clients on personal income tax issues, especially those concerning residency.

Michael frequently speaks on state and local tax issues before the Council on State Taxation, Tax Executives Institute, the New York University Institute on State Taxation, the Paul J. Hartman SALT Forum, and the Institute for Professionals in Taxation.

Stephen (Steve) P. Kranz is a tax lawyer who solves tax problems differently. Over the course of his extensive career, Steve has acquired specific skills and developed a unique approach that helps clients develop and implement holistic solutions to all varieties of tax problems. He combines strategic thinking with effective skills for the courtroom, the statehouse and the conference room.

Steve helps clients prevent and resolve tax problems throughout their life cycle, starting with tax planning, compliance, financial statement implication analysis, audit defense and litigation, legislative monitoring and advocacy, and the formation and leadership of taxpayer coalitions. Steve developed many of these techniques as a litigator for the US Department of Justice, Tax Division, as chief counsel for the District of Columbia’s Office of Tax and Revenue, and further refined them during his tenure as general counsel for the Council on State Taxation (COST).

Steve practices at the forefront of state and local tax issues, including developments in the world of cloud computing, artificial intelligence such as ChatGPT and digital goods and services. He helps clients understand tax threats and opportunities, and develop holistic solutions, no matter the tax issues or jurisdiction. He also brings this same skill set to the highly challenging world of unclaimed property.

Steve represents Fortune 100 companies in litigation while working to address the larger tax policy questions through state legislatures, the US Congress, the National Conference of State Legislatures, the National Governors Association, the Multistate Tax Commission and the Streamlined Sales Tax Governing Board. His background has taught him that standalone litigation is not always the most efficient manner of solving a tax problem or preventing its spread – thus, he often works to address problems by taking advantage of tax policy points of entry offered by state and local governments.

Steve has authored articles for professional publications, speaks at national conferences and is interviewed frequently by journalists covering state and local tax developments. He has appeared before the US House Judiciary Committee as an expert on alternative approaches to the Internet Sales Tax issues, and in a similar capacity before other government agencies. Steve serves as outside counsel on state tax and unclaimed property matters for the Entertainment Software Association, the National Retail Federation, the Retail Industry Leaders Association and CompTIA.

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December 7, 2022
COST Pacific Northwest Regional State Tax Seminar | Discussion of State Tax Cases, Issues & Policy Matters to Watch

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COST Pacific Northwest Regional State Tax Seminar | Discussion of State Tax Cases, Issues & Policy Matters to Watch

Seattle, WA

December 7, 2022

Event details

December 7, 2022

Venue

Microsoft Corporation Campus
15010 NE 36th Street
Redmond, WA 98052

This event is in the past. See recordings and other materials from this event below.

On December 7, Eric Carstens, Michael Hilkin and Stephen Kranz will be speaking at the COST Pacific Northwest Regional State Tax Seminar on the topic of: “Discussion of State Tax Cases, Issues & Policy Matters to Watch”.

Agenda

Speakers

Eric D. Carstens focuses his practice on state and local tax matters, assisting clients with state tax controversy, compliance and multistate planning across all states for a variety of tax types and unclaimed property. Eric engages in all forms of taxpayer advocacy, including litigation, legislative monitoring and audit defense. He works closely with several of the Firm’s taxpayer coalitions focused on specific state tax policy issues such as the taxation of digital goods and services and unclaimed property.

Eric has co-authored a number of articles in publications such as State Tax Notes and the Journal of Multistate Taxation and Incentives on various state tax issues and is an active contributor to the
Inside SALT blog.

Michael Hilkin represents clients in all aspects of complex state and local tax matters. He has a particular focus on tax controversy and transactional issues relating to state and local income, franchise, sales and use, gross receipts, and other business taxes. Michael has extensive experience handling state and local tax issues before US administrative and judicial systems, including arguing cases before state courts and state supreme courts. He also regularly advises clients on personal income tax issues, especially those concerning residency.

Michael frequently speaks on state and local tax issues before the Council on State Taxation, Tax Executives Institute, the New York University Institute on State Taxation, the Paul J. Hartman SALT Forum, and the Institute for Professionals in Taxation.

Stephen (Steve) P. Kranz is a tax lawyer who solves tax problems differently. Over the course of his extensive career, Steve has acquired specific skills and developed a unique approach that helps clients develop and implement holistic solutions to all varieties of tax problems. He combines strategic thinking with effective skills for the courtroom, the statehouse and the conference room.

Steve helps clients prevent and resolve tax problems throughout their life cycle, starting with tax planning, compliance, financial statement implication analysis, audit defense and litigation, legislative monitoring and advocacy, and the formation and leadership of taxpayer coalitions. Steve developed many of these techniques as a litigator for the US Department of Justice, Tax Division, as chief counsel for the District of Columbia’s Office of Tax and Revenue, and further refined them during his tenure as general counsel for the Council on State Taxation (COST).

Steve practices at the forefront of state and local tax issues, including developments in the world of cloud computing, artificial intelligence such as ChatGPT and digital goods and services. He helps clients understand tax threats and opportunities, and develop holistic solutions, no matter the tax issues or jurisdiction. He also brings this same skill set to the highly challenging world of unclaimed property.

Steve represents Fortune 100 companies in litigation while working to address the larger tax policy questions through state legislatures, the US Congress, the National Conference of State Legislatures, the National Governors Association, the Multistate Tax Commission and the Streamlined Sales Tax Governing Board. His background has taught him that standalone litigation is not always the most efficient manner of solving a tax problem or preventing its spread – thus, he often works to address problems by taking advantage of tax policy points of entry offered by state and local governments.

Steve has authored articles for professional publications, speaks at national conferences and is interviewed frequently by journalists covering state and local tax developments. He has appeared before the US House Judiciary Committee as an expert on alternative approaches to the Internet Sales Tax issues, and in a similar capacity before other government agencies. Steve serves as outside counsel on state tax and unclaimed property matters for the Entertainment Software Association, the National Retail Federation, the Retail Industry Leaders Association and CompTIA.

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December 7, 2022
Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2022

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Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2022

Los Angeles

December 7-9, 2022

Event details

December 7-9, 2022

This event is in the past. See recordings and other materials from this event below.

On December 8 and 9, Timothy S. Shuman and Charles J. Moll will be speaking respectively at Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2022 by Practicing Law Institute held in Los Angeles.

Agenda:

December 8 | 3:00 PM PST

Cross-Border Acquisitions and Divestitures | Timothy S. Shuman

Key corporate and shareholder tax issues; impact of changing corporate rates and limitations on losses and deductions; impact of global intangible low-taxed income (“GILTI”) or global minimum tax (“GMT”) on purchase transactions; recent and proposed changes to the foreign tax credit rules; some surprising changes affecting cross-chain transfers among affiliated corporations; impact of new and changing rules on some of the negotiating dynamics between buyers and sellers over issues such as a pre-closing tax indemnity and control of post-closing examinations

December 9 | 12:30 PM PST

State and Local Tax Issues in Corporate M&A Transactions | Charles J. Moll

State and local tax issues that arise in corporate transactions and tax-free reorganizations; potential pitfalls and planning opportunities

See the full agenda.

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December 7, 2022
BVCA Sector Conference

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BVCA Sector Conference

December 6, 2022

Event details

December 6, 2022

This event is in the past. See recordings and other materials from this event below.

McDermott proudly sponsors the 2022 BVCA Sector Conference where our lawyers will be speaking across the three separate forums on the day; Retail & Consumer, Healthcare and Emerging Tech, see further details of our sessions below.

The conference gathers industry experts – from entrepreneurs to investors and advisers – to discuss challenges, trends and opportunities within specific sectors across the UK, Europe and globally.

Learn more and register for the 2022 BVCA Sector Conference.

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December 6, 2022
NAHRES22: Managing Your Workforce During Periods of Market Volatility
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NAHRES22: Managing Your Workforce During Periods of Market Volatility

Orlando, FL

December 5-7, 2022

Event details

December 5-7, 2022

This event is in the past. See recordings and other materials from this event below.
During the North American HR Executive Summit (NAHRES) 2022, McDermott lawyers, Sarah Engle, Yesenia Gallegos and Dawn Peacock presented on the topic “Managing Your Workforce During Periods of Market Volatility.” Check out the key takeaways from their presentation below.

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Key Takeaways | NAHRES22
Managing Your Workforce During Periods of Market Volatility

Employers across all industries have experienced various levels of uncertainty in 2022 and are looking ahead at what to expect in 2023. For many, this can lead to reductions in the workforce and other methods of managing it and the financial burden. Now, employers are bracing for economic uncertainty and navigating questions and concerns about how to manage their workforce with minimal disruption.

Communication

Maintain a clear message and stick to it.

Designate management representatives that employees can approach to express concerns or relay questions.

If managing a unionized workforce, avoid “direct dealing” or dealing directly with an employee concerning their employment terms and conditions. Instead, connect with their collective bargaining representative.

Ensure management is trained to identify signs of organizing and are thoughtful and deliberate in their communication with employees, particularly with a unionized workforce.

Contractual Considerations

Review your employee agreements and determine if you have at-will employees or any with formal employment agreements containing various stipulations. Then, consult with an employment lawyer to help review state-specific guidance.

Be wary of the “anxious” key employee who may view reductions or changes in the workforce as a sign to jump ship; what types of protections are in place to protect the company’s information and know-how (e., restrictive covenants).

If your company is considering reductions in salary or compensation, never drop below minimum wage. This can become more involved when managing a remote workforce or in situations where there are offices in multiple jurisdictions where the minimum can differ from federal and where certain offered benefits can determine what minimum wage is.

Workforce Reductions

The Worker Adjustment and Retraining Notification Act (WARN Act) imposes certain obligations upon companies in connection with employee terminations. Employers should always consider the WARN Act when making decisions but should also look into local obligations.

The WARN Act is triggered when a covered employer terminates 50 or more employees during a 30-day period at a single site of employment.

It’s important to understand the different obligations and expectations when conducting furloughs, layoffs or reductions in force. Also, be cognizant of the different wage and hour obligations when dealing with exempt and non-exempt employees.

Be sure to provide 60 days’ notice to the necessary parties ahead of a WARN Act triggering event. This includes union representatives (if applicable), the affected employee, the state and the chief elected official of the union or local government where the closing or layoff will occur.

Labor Concerns

Ongoing issues, like the tightening labor market, social justice issues, return to work campaigns and continued uncertainty over the pandemic, are all factors driving labor activity for both unionized and non-unionized workforces.

We are experiencing a fervent National Labor Relations Board (NLRB) on the side of the employee. Much of their recent attention has been aimed at employment policies, elimination of the rights of employers (for example, the right of employers to discuss the pros and cons of unions to employees) and expanded exposure for employers.

The NLRB is likely to issue a flurry of decisions at the end of the year related to news and events from throughout 2022.

FAQs

Q | What if you’ve issued a clear but vague message, and employees contact their manager and ask a direct question that you either don’t have an answer to or you know the employee won’t like the answer?

A | Employers aren’t obligated to give away all of their trade secrets when communicating with their employees after a transition announcement. Further, don’t feel like you need to defend your decision and message. Rather, take follow-up questions as an opportunity to explain your decision in reaffirming language.

Q | What if you have to temporarily reduce an employee’s salary but promise to repay the difference down the road (i.e., following the completion of a major funding round)? Would it still be considered a breach of their employment agreement if the reduction is a “good reason”?

A | This scenario would actually be considered deferred compensation, which has various tax implications. This is handled differently than more straightforward salary reductions or a salary reduction with a performance bonus or another form of incentive payment.

Q | How do you determine “a single site of employment” for remote workers?

A | The single site of employment refers to the office to which they are assigned as their home base, from which their work is assigned or to which they report. This raises policy and practicality issues, but under the WARN Act, companies are required to give notice to a state or local government official (partly to let them know that a large group of individuals is likely to start collecting unemployment.) There’s less implication if employees are located all over the country.

Q | What happens during the sale of a business?

A | The WARN Act still applies when all or even part of a business is sold. The seller or the buyer may be responsible for giving notice depending on when the event occurs.

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December 5, 2022
ABA/ABA Financial Crimes Enforcement Conference 2022

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ABA/ABA Financial Crimes Enforcement Conference 2022

National Harbor, MD

December 5-7, 2022

Event details

December 5-7, 2022

This event is in the past. See recordings and other materials from this event below.

Julian André and Gordon Greenberg are attending and speaking at the American Bankers Association (ABA)/American Bar Association (ABA) Financial Crimes Enforcement Conference taking place in the Washington, DC, metro area December 5-7, 2022. The three-day program brings together top banking and legal professionals for collaborative sessions on anti-money laundering, fraud and cyber-enabled crime strategies. Attendees will participate in critical discussions focused on threats through a banking and legal lens.

Gordon is moderating two “Legal Issues Update” sessions on December 5, which will cover significant legal developments from 2022, including the new regulation requiring identification of beneficial owners, new and increased whistleblower protections and FinCEN’s increased focus on real estate transactions. The rapid-fire panel will also address the impact of the ENABLERS Act.

On December 7, Julian is moderating two panels on “Government Fraud: Fast Download of the Latest Crimes and Red Flags.” The panelists will cover COVID-19 fraud, tax fraud, student loan fraud and other schemes targeting government programs and benefits.

Learn more about the ABA/ABA Financial Crimes Enforcement Conference and register.

Agenda

Speakers

Julian André helps clients achieve the best outcomes when facing government enforcement actions, prosecutions and investigations, defending against complex civil litigation and performing internal investigations. Leaning on his experience as an Assistant US Attorney in Los Angeles prosecuting financial crimes, Julian adds an inside perspective when devising defense strategies for companies and individuals facing criminal and civil investigations by state and federal agencies such as DOJ, HHS-OIG, SEC, and DOL. He also regularly advises clients on matters involving corporate governance and regulatory compliance, including anti-money laundering and anti-corruption issues.

Julian’s experience prosecuting complex fraud cases and acting as a first chair trial attorney make him a valuable asset to healthcare clients, who regularly call on him to navigate False Claim Act investigations and civil litigation. Throughout his career, he has helped healthcare companies save hundreds of millions of dollars in potential government fines and civil judgments.

In recent years, Julian has also defended several companies in ERISA litigation involving Employee Stock Ownership Plans (ESOPs). Julian’s strategic approach and strength in the courtroom have led to favorable outcomes for ESOP plan sponsor companies, their directors and officers, and plan fiduciaries in class action lawsuits brought by plan participants.

Prior to rejoining McDermott in 2021, Julian spent six years as an Assistant US Attorney. During this time, he served in the Major Frauds Section and was the US Attorney’s Office’s Securities Fraud Coordinator and Education Fraud Coordinator. Julian prosecuted and investigated a wide range of financial crimes, including healthcare fraud, securities fraud, bank fraud, public corruption, tax evasion, and money laundering. Two marquee cases handled during his time as a federal prosecutor include the prosecution of Michael Avenatti and the prosecution of China Zhongwang, the world’s second-largest aluminum extrusion producer at the time.

Other notable trial experience includes education fraud, bribery and tax cases in the US District Court for the Central District of California, and patent infringement trials in the US District Courts for the Northern District of Texas and Middle District of Florida.

Julian is also an accomplished appellate advocate, having handled dozens of appeals before the US Supreme Court, and the US Courts of Appeals for the Second and Ninth Circuits. Prior to entering private practice, Julian served as a law clerk for the Honorable Harry Pregerson of the US Court of Appeals for the Ninth Circuit.

Gordon A. Greenberg regularly represents clients in civil and criminal investigations, as well as in trials and congressional hearings. He has significant experience defending clients in high-stakes, bet-the-company matters that have civil and criminal components. Gordon has more than 30 years of experience handling a wide range of business crime investigations and trials.

Previously, Gordon was a federal prosecutor, serving as the chief of the Financial Investigations Unit in the Los Angeles US Attorney’s Office, and was also a state and special federal prosecutor in Chicago. As a prosecutor, he tried several precedent-setting cases including US V. Cuevas, the first extradition of an individual from Switzerland to the United States for money laundering-related offenses, and US v. Barry Minkow, ZZZZ Best, et al., one of the largest securities/money laundering cases tried on the West Coast in the 1980s.

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December 5, 2022
Top Takeaways | ABA Antitrust Section Corporate Compliance Monthly Update
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Top Takeaways | ABA Antitrust Section Corporate Compliance Monthly Update

Webinar

November 30, 2022

Event details

November 30, 2022

This event is in the past. See recordings and other materials from this event below.
During the American Bar Association (ABA) Antitrust Section Monthly Update recorded on November 15, 2022, McDermott antitrust lawyers Stephen Wu, Greg Heltzer, Nicole Castle and Zach Sproull discussed recent updates in criminal, merger and civil antitrust enforcement.

Criminal Antitrust Enforcement Updates

Criminal Monopolization Charges: On October 31, 2022, the US Department of Justice (DOJ) Antitrust Division announced that for the first time in decades, a defendant pled guilty to a criminal charge of attempted monopolization under Sherman Act §1. The plea, which was entered by an executive from paving and asphalt contractor Z&Z Asphalt, represents a shift away from the long-standing DOJ policy to only pursue criminal charges against multi-firm cartel activity. For more information, see our recent article.

First Ever “No-Poach” Guilty Plea: On October 27, 2022, the DOJ announced that it secured its first-ever criminal guilty plea in a “no-poach” case. Despite its limited success in the past, this victory will likely encourage the DOJ to continue pursuing criminal charges for anticompetitive conduct in the labor and employment spaces.

The Long-Running Broiler Chicken Price Fixing Probe Ends: On October 17, 2022, following mistrials in December 2021 and March 2022, and an acquittal in July 2022, the DOJ dismissed the charges against the last two individual defendants remaining in its broiler chicken price fixing case, bringing the years-long criminal probe to an end.

Merger Enforcement Updates

U.S. Sugar: The DOJ lost its challenge to U.S. Sugar’s acquisition of Imperial Sugar and is appealing the district court decision.

Residential Hardware: The DOJ sued to block residential hardware producer Assa Abloy’s acquisition of Spectrum Brands’ home improvement division.

National Security Contracting: A district court recently permitted Booz Allen Hamilton to acquire competitor Everwatch, despite the DOJ’s objections that the transaction would hinder competitive bidding for a key NSA contract.

UnitedHealth Group and Change Healthcare: Siding with the defendants, the court found that the DOJ failed to make out a prima facie case that the transaction would substantially reduce competition. Of note, the court placed substantial weight behind United’s plan to divest Change’s competing claims editing business upon closing which eliminated a horizontal overlap. The court also credited United’s internal information firewalls, which would prevent the sharing of competitively sensitive information across service lines and address vertical information misuse concerns. After our update, the DOJ decided to appeal the decision despite the fact that the transaction has now closed.

DOJ Blocks’ Book Publishing Merger: In an October 31, 2022, order, the court ruled that Penguin Random House’s proposed $2.2 billion acquisition of Simon & Schuster would substantially lessen competition for the publication of top-selling books. Among other things, the DOJ demonstrated that competition among the top publishers raises the advances paid to best-selling authors. Of note, the court gave no weight to the companies’ proffered “fix”—a behavioral remedy by the CEO of Penguin Random House to authors’ agents in which he promised that the merging publishing houses would continue to bid independently. For more information, see our recent article.

DOJ Renews Focus on Interlocking Directorates: Seven directors resigned from the corporate boards of five companies following warnings that the DOJ would take action under Section 8 of the Clayton Act, which prohibits interlocking directorates. This has been an area of focus for government agencies recently, and we can expect enforcement to continue in this space. Beyond government enforcement, there is also a substantial risk that an interlock among directors will serve as the predicate for antitrust conspiracy claims.

For more information, see our Q2 2022 Antitrust M&A Snapshot.

Civil Enforcement Updates

Class Certification in Canned Tuna Price Fixing Case: The US Supreme Court recently declined to hear Starkist’s appeal from the certification of three large purchaser classes in the long-running canned tuna price-fixing case. Starkist argued that class certification was improper because, among other reasons, economic evidence showed that as much as 30% of the class members may have been injured by the conspiracy. The Supreme Court’s decision not to hear the case leaves a potential circuit split—and the resulting uncertainty—regarding the viability of classes that potentially include more than a de minimis number of uninjured members and the level of evidence required to prove class-wide impact at the class certification stage.

FTC and State AGs Sue Pesticide Producers Over Pay-To Block Scheme: On September 29, 2022, the Federal Trade Commission (FTC) and 10 State Attorneys General sued Syngenta and Corteva over the companies’ loyalty discount programs, which allegedly exclude competition from generic pesticide producers. According to the complaint, the companies used loyalty discounts to reward wholesalers who make the bulk of their purchases from the companies, effectively limiting competition from generic pesticide and herbicide producers. The decision to challenge a loyalty discount distribution agreement, which would generally be considered procompetitive, may be a sign of broader government enforcement to come.

FTC’s New Policy Signals Expanded Enforcement: On November 10, 2022, the FTC issued a policy statement that signaled the agency’s plans to aggressively enforce Section 5 of the FTC Act, which broadly prohibits unfair competition. The statement suggests that the FTC intends to exercise broad discretion in determining what constitutes “unfair” conduct. And importantly, the FTC does not believe that Section 5 requires the agency to prove anticompetitive intent or harm, as would be required under the other federal antitrust laws. Despite its aggressive legal underpinnings, this reading of Section 5 potentially enables the FTC to challenge conduct that would otherwise be beyond the reach of Sherman Act. For more information, see our recent article.
Agenda

Speakers
Stephen Wu is a nationally recognized antitrust lawyer with more than twenty-five years’ experience defending clients against antitrust litigation and government investigations into mergers and acquisitions and business practices. Stephen is also a trusted strategic advisor who counsels clients on antitrust compliance issues.

Stephen has successfully defended clients in class actions and other complex litigation brought by purchasers, competitors, and employees alleging unlawful price-fixing, wage-fixing, exclusive dealing, group boycott, market allocation, tying, and monopolization claims in federal courts around the country. In addition, Stephen has successfully defended numerous mergers and acquisitions and clients’ business practices from Federal Trade Commission (FTC), Department of Justice, and State Attorneys General investigations. He also regularly advises clients on pricing, distribution, and joint venture matters.

Stephen represents clients in a wide variety of industries, ranging from consumer goods to healthcare to packaging. He is co-head of the Firm’s Health Antitrust Practice Group.

Stephen has been recognized as a leading antitrust lawyer by The Best Lawyers in America, BTI Consulting, Chambers USA, Global Competition Review, Lawyers of Color, The Legal 500 USA, LMG Life Sciences, The National Law Journal, Super Lawyers, and Thomson Reuters Stand-Out Lawyers.

Prior to joining the Firm, Stephen was an attorney for the FTC, where he received its Award for Meritorious Service. At the Firm, Stephen received McDermott’s Pro Bono and Community Service Award for his pro bono efforts.

Greg Heltzer, recognized by The Legal 500, named a Super Lawyers Rising Star, and rated a Thomson Reuters Stand-Out Lawyer, has extensive experience counseling clients on antitrust matters, with particular focus on transactional antitrust matters and mergers and acquisitions. Greg has successfully defended mergers for ABC Supply, Baxter, Constellation Brands, DaVita, JAB Partners, Mars, Martin Marietta Materials, Motorola Solutions, Olam, TreeHouse Foods, Worthington Industries, and many private equity firms among others.

His advice enables C-suite executives to assess the antitrust viability of potential transactions early, ensuring resources are not wasted on deals unlikely to gain clearance. When transactions move forward, he works closely with clients to streamline the regulatory review process, minimizing the burden of Second Requests and reducing potential delays.

Beyond merger clearance, Greg provides comprehensive antitrust guidance on issues such as information exchange, compliance programs, integration planning, Noerr-Pennington immunity, and interlocking directorates. He also has significant experience handling complex litigation and government investigations. In 2021, Greg was appointed by the Federal Trade Commission as an independent monitor to oversee the Decision and Order in the Matter of Corpus Christi Polymers LLC, et al.

Greg speaks and writes often on antitrust issues and has been nominated for several Antitrust Writing Awards by Concurrences, and won JD Supra’s Top Author “Reader’s Choice” and Top Antitrust Blog for “Antitrust Alert,” which he founded and continues to manage.

Greg has broad industry knowledge developed through his representation of clients in numerous industries, including the following:

Aerospace/Defense products (e.g., missiles, propulsion, simulation and training; aircraft)

Agriculture, dairy, ingredients and food service equipment

Alcohol (beer, wine and spirits)

Aluminum and steel products

Chemicals (industrial)

Construction products and building supply (e.g., roofing, wallboard, insulation, lighting, aggregates, asphalt, cement)

Consumer electronics

Consumer products (branded and private label), including bars, meat products, dairy, ice cream, pudding, packaged food, pet food and treats, fragrances and cosmetics

Distribution (e.g., MRO, building supply, food service)

Energy (generation, transmission)

Gift cards

Health care services (dialysis, LASIK, eyeglass lenses), pharmaceuticals (animal and human), biometric solutions, laboratory and medical devices

Medical technology (atrial fibrillation tools, spinal instruments)

Packaging (e.g., flexible, paperboard)

Physician practice groups

Retail/chains (e.g., quick service restaurants, gas stations)

Software (enterprise, institutional, communication/911) and other office products

Prior to joining the Firm, Greg served as a judicial law clerk for the Honorable John A. Terry of the DC Court of Appeals.

Zachary Sproull represents clients in connection with investigations and complex litigation involving antitrust, consumer protection and unfair competition matters. He has represented clients across a variety of industries including financial services, consumer products, food and beverages, tech, healthcare, construction materials, retail and electronics.

As a part of his antitrust practice, Zachary has represented clients in matters involving alleged monopolization, joint venture activities and cartel conduct including fixing, market allocation and group boycotts. He has also assisted clients with premerger analysis and notification under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act and in defending mergers and acquisitions challenged by federal, state and foreign competition authorities.

Zachary has counseled clients in matters involving a range of business practices and compliance issues as a part of his consumer protection practice. For example, he has successfully defended clients in class actions involving allegations of false advertising, deceptive business practices, breach of contract and violation of federal and state consumer protection laws.

In his pro bono practice, Zachary has represented clients in civil rights litigation, challenging unconstitutional prison policies. He has also represented clients in child-support proceedings and immigration matters under the Violence Against Women Act.

Zachary previously served as a legal intern for the US Federal Trade Commission (FTC) Northeast Region, where he assisted in competition and consumer protection investigations.

During law school, Zachary served on the Fordham Urban Law Journal and was a constitutional law editor for the Fordham Moot Court Board.
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November 30, 2022
Africa in Focus | World Energy Capital Assembly
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SPEAKING ENGAGEMENT

Africa in Focus | World Energy Capital Assembly

London

November 28-29, 2022

Event details

November 28-29, 2022

This event is in the past. See recordings and other materials from this event below.
McDermott proudly sponsors Africa In Focus event as part of the World Energy Capital Assembly, taking place on in London on November 28-29.

Shah Jahan Khandokar will be moderating the panel, Re-Defining a Just and Pragmatic Transition; balancing the “energy trilemma” of net-zero carbon emissions, energy security, and affordability on November 29.

Panel Agenda

Caught in the Middle; Responsible for only 4% of all emissions but most exposed to the impacts of climate change: How should we be approaching the transition on the continent?

Fossil fuels vs renewables: Is it realistic to expect developing economies to transition away from affordable fossil fuels? What are the alternatives?

If the success of a just transition is to be measured in social outcomes, how much importance do the S and the G of ESG have on the continent?

Reshaping how we define, source and deploy finance in Africa moving forwards

Oil vs Gas vs Renewables: Following recent geo-political developments, have IOC agendas changed? What do small-mid cap player energy transition strategies look like?

See the full agenda and register.
Agenda

Speakers

Shah Jahan H. Khandokar is a Partner at McDermott Will & Schulte in London with a practice focused on complex energy, infrastructure, mining, and natural resources transactions across emerging and developed markets.

Shah Jahan helps clients navigate complex regulatory, financing, and geopolitical challenges to deliver transformative projects that support economic growth, sustainable development, and the transition to resilient economies.

He represents sponsors, investors, lenders, multilateral institutions, commodity traders, and governments on the development, financing, acquisition, and implementation of strategic projects. His experience spans renewable energy, conventional power, hydrogen, LNG, oil and gas, critical minerals, rare earth elements, and digital infrastructure, with a particular focus on assets and supply chains that support the global energy transition.

Shah Jahan has advised on some of the world’s most significant energy developments, including the Shah Deniz Stage 2 project and associated Southern Gas Corridor infrastructure, a landmark development that expanded access to Caspian gas supplies for European markets. He has also advised on large-scale LNG, pipeline, power generation, renewable energy, and energy-transition projects across Africa, Asia, the Middle East, Europe, and Latin America.

In the mining and natural resources sector, Shah Jahan advises on the development, financing, acquisition, and commercialization of projects involving critical minerals, rare earth elements, battery metals, and other strategic resources. His experience includes project structuring, offtake arrangements, pricing mechanisms, strategic partnerships, and cross-border investments, often in jurisdictions that are central to the supply chains underpinning clean energy technologies, advanced manufacturing, and energy security.

His practice is particularly focused on Africa, Asia, the Middle East, and Latin America, where he has advised on many of those regions’ most significant energy, infrastructure, and natural resources developments.

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November 29, 2022
American Conference Institute’s 39th International Conference on the FCPA

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SPEAKING ENGAGEMENT / SPONSORED

American Conference Institute’s 39th International Conference on the FCPA

Washington, DC

November 29, 2022 – December 1, 2022

Event details

November 29, 2022 – December 1, 2022

Main Conference Day 1, Breakout Session A
Track 2: Internal Investigations and Crisis Management
Moderated by Ted Diskant
2:40 pm – 3:35 pm EST

Main Conference Day 1, Networking Break
Special Interest Group Meeting: Life Sciences & Pharmaceutical
Led by Ben Curtis
3:35 pm – 4:05 pm EST

Main Conference Day 2
Life During and After an FCPA Settlement
Featuring Sarah Walters
3:30 pm – 4:15 pm EST

This event is in the past. See recordings and other materials from this event below.

McDermott is proud to sponsor and participate in the 39th International Conference on the Foreign Corrupt Practices Act (FCPA), the world’s largest, most anticipated gathering for the anti-corruption community.

Partners Ben Curtis, Ted Diskant and Sarah Walters are attending and speaking at the international flagship conference, hosted by the American Conference Institute (ACI). They’ll join in-house investigations and compliance counsel, general counsel, chief legal officers, chief compliance officers, and partners from law firms and accounting firms to discuss the latest on the Department of Justice’s (DOJ) new enforcement posture, the biggest risks to address in 2023 and more during the three-day program.

On Main Conference Day 1, Ted Diskant is moderating “Internal Investigations and Crisis Management” during Breakout Session A. Ted’s panel will discuss best practices for managing internal investigations and reputational management, starting from the first signs of a compliance issue to successful resolution.

Immediately following, Ben Curtis is leading the Special Industry Group Networking Break for the Life Sciences and Pharmaceutical industries. The group will exchange best practices for managing heightened risk affecting businesses.

On Main Conference Day 2, Sarah Walters is speaking on a panel about “Life During and After an FCPA Settlement.” Sarah and her co-panelists will share first-hand accounts of the challenges and successful strategies that were implemented during and after enforcement actions, as well as lesser-known, on-the-ground takeaways for confronting worst-case scenarios.

Learn more about the conference and register.

Agenda

Speakers

Benton (Ben) Curtis is a former federal prosecutor and accomplished trial lawyer who serves as the co-head of McDermott Will & Schulte’s global white-collar and government investigations practice. He draws upon his experience to advise clients on regulatory enforcement and white-collar criminal matters, internal investigations, and due diligence regarding third-party and business transactions. Ben’s efforts touch on both US and cross-border matters, and they often entail providing contemporaneous guidance as to the design, testing, and implementation of compliance programs.

Ben regularly represents clients before, and in litigation against, government agencies, including clients accused of healthcare fraud, kickback violations, Foreign Corrupt Practices Act (FCPA) violations, money laundering, and securities fraud. He likewise regularly helps corporate and individual victims seek redress through civil litigation and, when appropriate, the criminal justice system.

Over his career, Ben has tried more than 25 federal jury trials in district courts around the country, and he leans into that experience when counseling his clients in high-stakes matters. Ben’s capabilities stem, in large part, from his previous 10 years with the US Department of Justice (DOJ), which included extended stints in Miami, Washington, DC, and Los Angeles. In his last position, Ben served for almost five years as an Assistant Chief in DOJ’s Criminal Division, Fraud Section, where he supervised numerous large-scale healthcare fraud investigations and prosecutions around the country. He also oversaw significant FCPA investigations related to the entertainment and gaming industries in Asia and a number of insider trading and high-yield investment matters.

Represents companies and individuals in white-collar, litigation, and regulatory enforcement matters, including FCA, FCPA, wire fraud, healthcare fraud, money laundering, and BSA matters

Leads sensitive internal investigations and responds to government inquiries across a range of industries

Tries complex civil and criminal cases and represents clients at all stages of litigation

Advises on compliance program design, implementation, and auditing consistent with DOJ and other applicable guidance

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November 29, 2022