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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· The Department of Justice (DOJ) Antitrust Division recently rescinded its guidance on information sharing among competitors.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.

The Small Law Department's Career Development Committee and Energy Network are co-hosting a soft skills event on "Finding Your Voice." Through a panel style interactive discussion, we will explore the nuances of knowing your audience, being an effective communicator, and how you can develop your own voice as a leader in your organization. We will be joined by two expert panelists, Yvette Castanon and Natalie Wilmore, who will help navigate this exciting, invaluable topic.

Co-Sponsored by the Energy Network

Please join us for the ACC NCR: Black & African-American Affinity Group meet and greet.  We look forward to the opportunity to connect with friends, old and new.  All members are welcome to attend. 

We hope you can make it for this special event. 

*All attendees are required to comply with ACC NCR's COVID-19 Duty of Care.

 

Organizational Conflicts of Interest (OCIs) are one of the many areas that make doing business with the federal government different from commercial contracting.  Government contractors must be able to identify, avoid, and mitigate OCIs to ensure that they are not shut out of new opportunities, or worse, prohibited from performing contracts that they’ve won. To do that, it’s important to understand the changing landscape of regulations, caselaw, and legislation related to OCIs.  

This discussion will provide perspectives from in-house counsel, government agency counsel, and outside counsel on topics such as:

1.  Recent legislation mandating new OCI regulations and what those regulations might entail;

2.  Decisions from courts and the Government Accountability Office on what constitutes an OCI and whether and how OCIs can be mitigated; 

3.  Common mistakes for contractors to avoid; and

4.  Tips for contractors to avoid and mitigate OCIs in current and future government contracts.

Presented by Tracye Winfrey Howard, Partner at Wiley, Benjamin Willcher, Legal Counsel/OCI Manager at Elevance Health and Victoria Heiden Kauffman, Deputy Associate General Counsel (Contracts) at NASA.

1.5 Hours of VA MCLE pending.

In light of the recent announcement of China’s new Standard Contractual Clauses, Eversheds Sutherland Partners Rhys McWhirter and Frankie Tam shall undertake a deep-dive in assessing the avenues available to international organisations to facilitate cross-border data transfers out of Mainland China, including our experience in dealing with China’s regulatory authorities in this regard.

 

Rhys and Frankie shall assess each of the 3 transfer mechanisms:

*CAC-led assessment,

*SCCs, and

*Security Certification,

including the eligibility criteria associated with each mechanism.

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