ACC NCR: Antitrust Best Practices and Updates for Nonprofits

Antitrust is a hot topic right now with daily headlines about the tech giants — Microsoft, Amazon, Facebook, Apple, Google — but the Biden Administration’s prosecutorial zeal doesn’t stop there. Nonprofits are facing some sleeper antitrust issues and in house counsel should be aware of the latest developments.

This CLE session will cover the antitrust basics and provide practical guidance for how a non-profit generalist should deal with a range of day-to-day issues. We will discuss some of the questions you may have about your organization’s antitrust risk, including:

· Do you need an antitrust policy?

· Should antitrust considerations impact member communications in a trade association?

· Board meetings – when (and how) to stop a conversation before it skirts the line

· Competitor collaboration business planning – what are best practices?

· The Department of Justice (DOJ) Antitrust Division recently rescinded its guidance on information sharing among competitors. Can I still participate in wage surveys?

· Do the antitrust laws impact my organization’s ability to take a stand on social issues like ESG? How can we influence policy outcomes as an industry without crossing the line?

· Does your organizational insurance policy sufficiently cover your risk? Which policies respond to antitrust claims? What is the underwriter appetite, and key underwriting questions I should be asking?

Presented by Joe Miller, Member and Co-Chair of the Antitrust Practice at Mintz and Keith Mulvihill, Insurance, Risk Management, and Employee Benefits Advisor at Lockton and Mondi Kumbula-Fraser, VP of Government Relations, General Counsel at Consortium of Universities of the Washington Metropolitan Area

Agenda:

4:00 - 5:30 - Panel Presentation in-person and via webcast

5:30-6:30 - In-Person Happy Hour and Networking

1.5 Hours of VA MCLE pending.