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PODCAST

Our Curious Amalgam

American Bar Association

Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

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All Episodes

35:37

#121 How Do They Get Paid? The FTC's Use of Monetary...

Our Curious Amalgam ·

2021/06/28

The use of monetary relief-- also called disgorgement-- historically was used by the FTC for deterrence and compensation of consumers. Now that the Supreme Court has ruled that the FTC lacks authority for disgorgement, what will the FTC do? Lydia Parnes, a partner at Wilson, Sonsini, Goodrich & Rosati and former Director of the Bureau of Consumer Protection at the FTC, joins Elyse Dorsey and John Roberti to discuss the history and future of disgorgement remedies. Listen to this episode to learn more

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32:25

#120 What Advice Do You Have for a Young Lawyer?...

Our Curious Amalgam ·

2021/06/21

In many past episodes of Our Curious Amalgam we asked our guests what career advice they would give to their younger selves. As hosts Alicia Downey, John Roberti, and Jessica Watters discovered, the answers to that question were educational, brilliant, sometimes unexpected, and always heartfelt. The best of that advice is featured in a single episode highlighting words of wisdom from some of the brightest lights in the field of antitrust and consumer protection. No matter where you are in your

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28:53

#119 Is This Game Over? Competition Law Implications...

Our Curious Amalgam ·

2021/06/14

The Super League didn't last long but the post-game analysis continues. What are the competition law issues raised and do they remain relevant? Dwayne Bach, sports and esports law expert, joins Christina Ma and Matthew Hall to discuss the concerns and their wider relevance. Listen to this episode to learn more about the Super League, how competition law may apply to the proposal and its application to other sports. Related Links: Super League website The Super League and its related issues under EU

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36:28

#118 What’s The Role Of Journalism In Antitrust?: A...

Our Curious Amalgam ·

2021/06/07

People often read more from journalists than from lawyers to learn about antitrust. But what roles does journalism itself play in antitrust, in terms of the development and practice of the law? Leah Nylen, seasoned antitrust reporter at POLITICO, speaks with John Roberti and Anora Wang about everything ranging from meeting in parking garages exchanging secret papers, muckraking and informing the public, to how to speak with a journalist. Listen to this episode to learn all about antitrust

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46:20

#117 Can It Be Resolved? The Use of Mediators to...

Our Curious Amalgam ·

2021/05/31

Mediation is a tool that litigants can use to resolve disputes. What are the advantages of using a mediator, particularly in high-stakes antitrust class actions? Judge Vaughn Walker, retired Chief Judge of the Northern District of California and now mediator, joins John Roberti and Kayla Odom to discuss how mediation can help parties reach certainty and finality, the best timing for mediation, and strategies mediators use to help participants. Listen in to learn why people should choose mediation,

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33:55

#116 Can Non-Competes Be Procompetitive?: An...

Our Curious Amalgam ·

2021/05/24

By its name, a non-compete agreement restricts competition. But can non-competes be procompetitive or otherwise designed to minimize the competition concerns? Dr. Paul Wong, Economist and Director at National Economic Research Associates, Inc. (NERA), speaks with Anora Wang and Christina Ma about the interests and tradeoffs involved in a non-compete agreement and relevant enforcement and legal developments in this space, especially at the state level. Listen to this episode to get the economic story

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31:35

#115 Are We Witnessing a Revolution? Putting the...

Our Curious Amalgam ·

2021/05/17

Accepted norms and standards are increasingly being questioned in the antitrust world as calls for reform grow louder. Why is this groundswell of dissent from traditional doctrine occurring now, and what are the implications for the future of antitrust law? Stanford Law School Professor Doug Melamed joins Sergei Zaslavsky and Christina Ma to put the current debate over antitrust doctrine into context. Listen to this episode for an insightful perspective on populist and technocratic calls for reform,

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40:32

#114 What Are the Generic and Biosimilar Industries...

Our Curious Amalgam ·

2021/05/10

Generics and biosimilars are an important part of the pharmaceutical landscape in Europe. What are the competition law issues faced by suppliers of those products? Adrian van den Hoven, Director General of trade association Medicines for Europe, joins John Roberti and Matthew Hall to discuss the key concerns of generic and biosimilar suppliers and also the dramatic impact of COVID-19 on them. Listen to this episode to learn more about the application of competition law to pharmaceuticals and the

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33:58

#113 Are “UDAPs” Protecting Consumers or Promoting...

Our Curious Amalgam ·

2021/05/03

State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes "unfair" trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope

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38:31

#112 What Can AI Do? Examining the Possibilities of...

Our Curious Amalgam ·

2021/04/26

Artificial Intelligence has been an increasingly important element of legal practice, including in antitrust and consumer protection. What is the next step for Artificial Intelligence? Joshua Davis, a professor at the University of San Francisco School of Law, joins Kayla Odom and John Roberti to discuss the potential and limits for the next generation of Artificial Intelligence. Listen to this episode to learn about whether robo lawyers may be appearing before robo judges anytime soon. Related

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33:06

#111 A Never-Ending Issue? The Report of the EU...

Our Curious Amalgam ·

2021/04/19

Standard Essential Patent (SEP) licensing and valuation is an extremely challenging and difficult area worldwide. What does the January 2021 report of the EU SEPs Expert Group add to the discussion? Aleksandra Kuznicka-Cholewa, a member of the Expert Group, joins Christina Ma and Matthew Hall to discuss the work of the group and the proposals made in its report. Listen to this episode to learn more about the key SEP licensing and valuation issues which are being grappled with in the EU and

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45:29

#110 What Is It Like? Understanding the Views and...

Our Curious Amalgam ·

2021/04/12

Often the private antitrust and consumer protection bar is slightly more defense-oriented. But what is it like to be a leading plaintiff's lawyer in consumer class actions? Daniel Karon, class action attorney with 30+ years of experience, speaks with John Roberti and Anora Wang on the possible changes of legislation and policy affecting class actions, federal and state enforcement, and the plaintiff-side practice in general. Listen to this episode to learn about the perspectives of a plaintiff’s

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31:33

#109 When Does Benchmarking Cause Antitrust Anxiety?...

Our Curious Amalgam ·

2021/04/05

Many industries routinely use data collected from multiple competing companies to develop price, cost and performance benchmarks. But when do benchmarking activities raise antitrust concerns? Co-hosts Alicia Downey and Christina Ma ask John Delacourt, general counsel to an international trade association and co-chair of the Antitrust Law Section's Trade, Sports and Professional Associations Committee, about managing the risks of collective participation in benchmarking programs in an era of

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26:21

#108 What's the Hubbub About No-Poach? Recent...

Our Curious Amalgam ·

2021/03/29

There has been growing interest in labor antitrust enforcement, particularly with the DOJ bringing its first criminal no-poach and wage-fixing cases in late 2020 and early 2021. How do we make sense of this vitally important but relatively unsettled area of law? Megan Gerking, a partner at Morrison & Foerster, joins Christina Ma and Sergei Zaslavsky to provide context around the recent enforcement actions and practical guidance on labor antitrust issues. Listen to this episode to learn about where

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36:57

#107 How Far Can You Go? U.S. Merger Enforcement...

Our Curious Amalgam ·

2021/03/22

U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some newer theories. But can it go too far to bring certain challenges under Section 2 of the Sherman Act? Koren Wong-Ervin, partner at Axinn, Veltrop, & Harkrider LLP, and a recognized thought leader in the antitrust bar, speaks with Anora Wang and John Roberti on the critical differences and issues involved in merger challenges brought under Section 2 of the Sherman Act, as compared to Section 7 of

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28:31

#106 Is It Time to Rethink Section 230? The Debate...

Our Curious Amalgam ·

2021/03/15

Section 230 of the 1996 federal Communications Decency Act immunizes online platforms from civil liability based on third-party content as well as for removing such content in certain circumstances. Twenty-five years after its enactment, has this immunity gone too far in protecting the behemoth internet companies from accountability and facilitating their pervasive growth and online presence? In this episode, co-hosts Alicia Downey and Christina Ma talk to O’Melveny partner Tod Cohen, a former

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39:27

#105 How Do We Do Better? Increasing Opportunities...

Our Curious Amalgam ·

2021/03/08

Measured in absolute numbers, there have been more women attorneys and economists working in the field of antitrust, as compared to one or two decades ago. But is there greater diversity and inclusion as well, especially in leadership roles? Dr. Antara Dutta, Principal Economist at Amazon, Co-Chair of the ABA Antitrust Section’s Diversity.Advanced Initiative, speaks with Anora Wang and John Roberti on how to increase opportunities for women in economic expert roles. Listen to this episode to learn

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37:43

#104 Have We Figured It Out? Online Privacy and...

Our Curious Amalgam ·

2021/03/01

The COVID-19 pandemic has forced many aspects of our everyday lives to go virtual, and the surge in demand for videoconferencing technology has come with a variety of problems when it comes to privacy, cybersecurity, and consumer protection. Do we finally have a handle on the problems that came with this "Zoom Boom"? From connectivity and consumer choice to misleading claims of data security and cyber attacks, privacy and cybersecurity experts Claudia Rast and David Turetsky join Kayla Odom and

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37:00

#103 What's Next for Antitrust Enforcement? The...

Our Curious Amalgam ·

2021/02/22

The ABA Antitrust Law Section issues a Presidential Transition Report each time a new administration enters the White House. What agenda does the latest Report recommend for the incoming leaders of the antitrust agencies? Transition Report Task Force leaders Rich Parker and Bill MacLeod discuss the highlights from the Report and share their insights with Sergei Zaslavsky and Christina Ma. Listen to this episode to learn about the most important questions facing the antitrust enforcers in the Biden

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34:31

#102 What Is the State of the Section? A Midterm Talk...

Our Curious Amalgam ·

2021/02/15

Serving as the Chair of the ABA Antitrust Law Section is the culmination of years of hard work and dedicated service to the organization and its members. What has it been like to lead an international association of antitrust and consumer protection lawyers, regulators, economists, and academics during a global pandemic? As the Section gears up for its Virtual Spring Meeting online March 23-26, 2021, Section Chair Gary Zanfagna sat down at the midpoint of his one-year term to talk to co-hosts Alicia

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363 results

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