Maurice Stucke and Elizabeth Stucke will be presenting “In Search of an Effective Ethics and Compliance Program” at the 2014 SAI Global Customer Conference in Washington DC on April 30, 2014

2014 SAI Global Customer Conference

See below for a description for each conference agenda track.

Track 1 | COMPLIANCE EFFECTIVENESS & BEST PRACTICES

This track is non-industry specific and will focus on best practices in various aspects of governance, risk and compliance management.

Track 2 | LEARNING & ADVISORY

This track will be centered around corporate compliance and is designed with Learning Solutions & Advisory Services clients in mind

Track 3 | COMPLIANCE 360

This track will have sessions designed for the typical Compliance 360 user.

Track 4 | HEALTHCARE REVENUE PROTECTION

This track designed with healthcare providers in mind, especially those using Compliance 360’s Claims Audit Manager.

Attendees are not required to stay within a single track.  In fact, we encourage attendees to become familiar with other solutions they are not yet taking advantage of.  

To download the complete agenda, please click HERE

 

Agenda

LEGEND | SESSION TYPES

Professional Development – sessions will offer best practices and will be presented by an industry expert.  Session will be educational in nature.  Many of these sessions will qualify for CEUs.

Solution Optimization – sessions will focus on the usage of one of our products & services, including Compliance 360 software and Learning Solutions.  Sessions could be led by professional services, product management or YOUR PEERS!

All Sessions Have Been Pre-Approved for Continuing Education Units (CEUs)

CCB is awarding 1.2 units per session (max 11.6 for entire conference)

Each session also qualifies for 1.2 CPE (max 6 for entire conference)

1 AAHAM CEU is awarded for each 60 minute session qualifies

New!  CLEs Awarded by Florida Bar Association (12 General CLEs and 9 Business Litigation Credits)

Compliance Week:What You Believe About Effective Compliance, And What Works

Compliance Week focuses on Maurice E Stucke’s “In Search of Effective Ethics and Compliance Programs

“Stucke’s premise is that our current compliance ecosystem—regulators,
prosecutors, boards, CEOs, compliance officers—is extrinsic in nature,
imposing compliance demands upon Corporate America from the outside, with the
threat of punishment if your program is ineffective. The problem? The
assumptions behind an extrinsic system don’t hold up in the real world. So
companies end up seeking to invest the least amount necessary, to satisfy the
smallest number of compliance obligations possible, leaving employees still
tempted to commit misconduct. Lovely…”.

Plaintiffs Win a Round in Sixth Circuit Milk Case: No Need to Show Relevant Geographic Market or Antitrust Injury to Avoid Pre-Trial Dismissal

In reversing the decision of the district court, the Sixth Circuit held that the court should have considered the possibility that the fact nature of the restraint was sufficiently clear that a “quick look” analysis would have shown that the conduct had obvious, adverse anticompetitive consequences and that a detailed market analysis was not necessary. Even though the alleged conduct was not illegal per se, the allegations in the complaint were sufficient to shift the burden to the defendant to produce evidence of some of the procompetitive benefits of the alleged conduct.
Second, the circuit court found that the trial court’s exclusion of an expert economist’s testimony in dismissing the monopolization counts in respect to his opinion on geographic market was error.  In reaching his conclusion, the expert relied on the “hypothetical monopolist” construct to assess whether the territory alleged constituted a relevant geographic market.  While the district court ruled this approach was not  that this construct required speculation about a buyer’s likely reaction to a price increase, and was not, therefore, based upon actual evidence — and, hence, was unreliable.  The Sixth Circuit, however, viewed the approach as consistent with Supreme Court authority as well as with the DOJ and FTC merger guidelines for determining a relevant market. While defendants contended that the market was much smaller, the circuit court held that that issue should be left to the jury to decide:In re Southeastern Milk Antitrust Litigation

In Search of Effective Ethics & Compliance Programs; By Professor Maurice Stucke, GeyerGorey LLP

 


Maurice E. Stucke

University of Tennessee College of Law
December 10, 2013


Abstract: 

The U.S. Sentencing Commission’s Organizational Guidelines for over twenty years have offered firms a significant financial incentive to develop an ethical organizational culture. Nonetheless, corporate crime persists. Too many ethics programs remain ineffective.As this Article explores, the Guidelines’ current approach is not working. The evidence, including sentencing data over the past twenty years, reveals that few firms have effective ethics and compliance programs. Nor is there much hope that the Guidelines’ incentive will induce companies, after the economic crisis, to become more ethical.The problem is not attributable to several assumptions underlying the Guidelines. The empirical research, while still developing, suggests that compliance efforts can be effective, and that effective compliance is attainable. Instead, this Article explores how the Guidelines’ extrinsic, incentive-based approach to compliance does not cure, and likely contributes to, the problem.

 

 

Experts See Inconsistencies in DOJ’s Merger Deal with Airlines

GeyerGorey LLP’s Maurice Stucke provides analysis of Airlines Merger challenge with the Wall Street Journal:

Experts See Inconsistencies in DOJ’s Merger Deal with Airlines

9/18/2013 Business Week: AMR-US Airways Unions Meet U.S. Official on Merger Suit

9/18/2013 Business Week: AMR-US Airways Unions Meet U.S. Official on Merger Suit

http://www.businessweek.com/news/2013-09-18/amr-us-airways-unions-meet-u-dot-s-dot-antitrust-chief-on-merger-suit

GeyerGorey LLP’s Allen Grunes quoted in Washington Post: “AMR, US Airways Attack U.S. Merger Suit as Bad for Consumers.”

AMR, US Airways Attack U.S. Merger Suit as Bad for Consumers

David McLaughlin and Sara Forden
Sep 11, 2013 11:52 am ET

Sept. 11 (Bloomberg) — American Airlines and US Airways Group Inc. defended their proposed merger against a U.S. antitrust lawsuit, saying the combination would generate more than $500 million a year in benefits to consumers.

The combined airline will create an effective competitor to Delta Air Lines Inc. and United Continental Holdings Inc., the airlines said in filings yesterday in federal court in Washington arguing that the U.S. effort to stop the deal should be denied.

“It is the complaint — by interposing the heavy hand of federal and state regulation — which will lessen competition by precluding the market from creating new and competitive flight options for passengers,” Tempe, Arizona-based US Airways said.

The U.S. Justice Department, joined by seven states and the District of Columbia, are suing American parent AMR Corp. and US Airways to block the merger, arguing the tie-up would reduce competition and hurt consumers. U.S. District Judge Colleen Kollar-Kotelly has scheduled the case to go to trial beginning Nov. 25.

The U.S. and the attorneys general argue the proposed merger, by reducing the number of legacy carriers from four to three, would increase the likelihood of coordinated behavior among the airlines, leading to higher fares and fees and diminished service. American and US Airways can compete effectively on their own, the government has said.

Service Cuts

The main issue in the case is whether the merger would lead to cuts in service and increases in domestic fares, said Allen Grunes, a lawyer with GeyerGorey LLP in Washington who formerly worked in the Justice Department’s antitrust division.

“The American and U.S. Airways answers paint a picture of the merger as some kind of silver bullet that will miraculously transform the two companies into the greatest thing since sliced bread,” he said. “That’s more than a little optimistic, and it’s going to be tough for them to prove it.”

The merger, which would create the world’s largest airline, forms the basis for American’s plan to exit bankruptcy protection and pay creditors. Fort Worth, Texas-based AMR filed for bankruptcy in November 2011 and reached the merger agreement with US Airways in February.

“We believe this merger would result in consumers paying more for airfares and receiving less service,” Gina Talamona, a spokeswoman for the Justice Department’s antitrust division, said in an e-mail. “The department’s lawsuit seeks to maintain competition in the airline industry.”

More Competition

American said in its court filing that the deal with US Airways would create a more competitive airline industry that would give passengers more choices.

The U.S. complaint “concocts an imaginary narrative where airlines tacitly collude and where prices are higher than in the past, but the real facts are just the opposite,” American said.

US Airways said the U.S. complaint improperly focuses on maintaining the number of legacy carriers, “those airlines that, prior to 1978, endured the well-documented failure of federal regulation of routes and fares.” Those carriers are by most relevant measures the least financially successful companies in the industry, US Airways said.

Low-Cost Competition

The U.S. ignores the effect on the airline industry of low- cost carriers including Southwest Airlines Co. and JetBlue Airways Corp., according to the filing. The success of those airlines is the “most meaningful competitive development” in the industry since deregulation, US Airways said.

During the past 12 years, American lost $10.3 billion and US Airways lost $3.4 billion, according to the filing by US Airways. US Airways has been in bankruptcy twice in that period.

“Blocking the merger will not sharpen competition — it will prolong this cycle of crisis to the detriment of passengers, the employees of American and US Airways, and the communities the airlines serve,” US Airways said.

The case is U.S. v. US Airways Group Inc., 13-cv-01236, U.S. District Court, District of Columbia (Washington).

Law 360: DOJ’s Airline Merger Challenge Recalls AT&T Fight


“If you think since the 1990s, what’s been popular has always been a unilateral effects theory,” said Stucke, who is also of counsel at GeyerGorey LLP. “This is almost entirely a coordinated effects theory, [and] I think it’s very strategically well thought-out, [because the airlines] can’t really now divest a few landings. The way the complaint is described, it’s hard to see any remedies short of a full-blown injunction.”

DOJ’s Airline Merger Challenge Recalls AT&T Fight

 

 

“My take is this deal is dead” states Allen Grunes in Bloomberg: “AMR-US Airways Antitrust Suit Seen as Difficult to Settle”

From Bloomberg:

The challenge brought by the U.S. Justice Department can be compared with its lawsuit seeking to block AT&T Inc. (T)’s proposed takeover of T-Mobile USA Inc. in 2011, said Allen Grunes, an antitrust lawyer with GeyerGorey LLP. AT&T eventually dropped its bid for T-Mobile. “My take is that the deal is dead,” Grunes said. “Based on the complaint, this merger doesn’t look like it can be fixed with divestitures or slot sales.”

Read More By Clicking Below:

AMR-US Airways Antitrust Suit Seen as Difficult to Settle

 

Allen P. Grunes: “Another Look at Privacy,” 20 Geo. Mason L. Rev. (Summer 2013)

Allen Grunes took a moment to discuss his latest law review article on the intersection of privacy and Antitrust Law and suggests its implications for the future: 

Another Look at Privacy, 20 Geo. Mason L. Rev. (Summer 2013)

“Antitrust law does not often take privacy issues into account, even when construing ‘privacy’ in its broadest sense to include privacy policies, the collection and subsequent use or sale of personal information, and privacy regulation. Issues involving privacy and its flip side, “big data,” occasionally do surface in antitrust matters, but by and large they remain on the margin. There have been a handful of attempts to move privacy more toward the center of the antitrust universe, but they have not been very successful.

In this Article, I first discuss some of the challenges consumer privacy poses and why antitrust has had a difficult time with privacy considerations. Next, I discuss several arguments that a few brave souls have made urging that privacy should be more central to antitrust—especially when consumer data is at the center of a merger, as it was in Google/DoubleClick. I then look at some of the ways that, on the periphery, antitrust law does incorporate privacy issues. Finally, I offer what is hopefully a more nuanced and productive way of thinking about the issue based on several characteristics of online markets, and suggest a few interesting implications for the future.”