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ABA Antitrust Section’s Spring Meeting 2016: Agency update with Deputy Assistant Attorneys General

DOJ’s Antitrust Division is headed by an Assistant Attorney General, who is assisted by several Deputies, referred to as DAAGs (Deputy Assistant Attorneys General).  In one presentation, the various DAAGs presented their view on the Division’s enforcement efforts, both civil and criminal. Continuing our series on the 2016 Spring Meeting, Allen summarizes their presentation so you can hear what our enforcers are saying.

-Jay Levine

In a session presented by the Federal Civil Enforcement Committee, the various Deputy Assistant Attorneys General (DAAG) of the Antitrust Division provided a deep dive into the happenings at the Department of Justice’s Antitrust Division …

Government licensure for the personal training industry – unnecessary, unworkable and unintelligible

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A campaign to require licensure in the personal training industry by the U.S. Registry of Exercise Professionals has left some scratching their heads. Six states have considered licensure laws that, through criminal liability, would forbid providing personal training services without a license. In 2013, Washington, D.C. passed legislation authorizing the D.C. Board of Physical Therapy to enact regulations for licensure of personal trainers, though it now appears that this law will be repealed.…

Let the antitrust battles begin… State licensures of professional services: A look at personal training

With the explosion of personal services industries, many states are seeking to enact new professional licensing and regulation in many industries.

From healthcare to eyebrow threading to personal training, states are considering who can practice and what type of training is necessary.  Porter Wright’s Brodie Butland, B.Sc., Starting Strength coach shares his recent Starting Strength article “Government licensure for personal trainers: A solution in search of a problem.” Tune in for a podcast with Brodie and me later this week for a deeper dive into these murky waters…

For more coverage on this decision, check out these …

Deletion of Emails Not Enough To Support Obstruction Conviction

The United States Court of Appeals for the Ninth Circuit ruled Monday that moving emails from an inbox to deleted items is not sufficient to establish Obstruction of Justice under 18 U.S.C. § 1519. In reaching this conclusion, the Court found the “concealment” must be proven by more than the fact that the defendant took a step that merely inconvenienced a reasonable investigator; there must be some likelihood that the item will not be found.

Andrew Katakis (Katakis) was charged with obstruction of justice for deleting incriminating emails that tied him to a conspiracy to rig bids at real estate …

World’s top banks plead guilty to gaming foreign-currency markets

Our colleagues at  Federal Securities Law Blog report that four of the world’s largest banks — Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland — have pleaded guilty to federal antitrust violations for conspiring to manipulate foreign-currency markets. Under the plea agreements, the banks have agreed to be placed on probation and pay criminal fines totaling more than $2.5 billion. Read more.…

Two DOJ officials: You better have an effective antitrust compliance program or it can cost you

Nobody likes paying legal fees for compliance matters. Businesses often feel they derive no tangible benefit from spending money on compliance tasks, and instead feel that they are simply checking the artificial (and meaningless) box imposed by hyperactive government regulation. Two top lawyers at the U.S. Department of Justice’s (DOJ) Antitrust Division – Bill Baer, the assistant attorney general in charge of the Division; and Brent Snyder, the deputy assistant attorney general who leads criminal enforcement – recently gave public speeches heralding the benefits of maintaining and implementing an “effective” antitrust compliance policy. Baer gave a speech in Washington, D.C., …

“The Bandits’ Club” gets its due

After over a year of investigation, the U.S. Department of Justice plans to bring charges against a bank for currency rigging by the end of the year. The DOJ will file additional actions against individuals in 2015.

The probable charges center around allegations that traders at approximately a dozen global banks – including Deutsche Bank, JPMorgan Chase, Barclays, and USB – fixed the foreign exchange market, or “forex,” market. The forex market dwarfs the U.S. stock market, with $5.3 trillion traded daily between approximately 180 currencies. Trading occurs around the world, 24 hours a day. It stops for only one …

Putting together a crisis plan

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Antitrust cases, especially criminal ones, can bring pretty significant media coverage. Often, getting your message out quickly and in the right way can make all the difference. Colleen Marshall, Porter Wright senior attorney and co-anchor of NBC 4 Columbus’s evening news, joins Jay Levine for an in depth discussion on handling a crisis in the media.…

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