Post-Conference Workshop: Working with the FTC and Responding to an Investigation
Thursday, May 12, 2011 9:00 a.m. to 12:00 p.m.
(Registration and Continental Breakfast begin at 8:15 a.m.)
Jerry Swindell
Senior Counsel
Johnson & Johnson (New Brunswick, NJ)
Seth Silber
Partner
Wilson Sonsini Goodrich & Rosati (Washington, DC)
James Dean
Partner
Covington & Burling LLP (Washington, DC)
Aaron B. Hewitt
Attorney
Morgan, Lewis & Bockius LLP (Washington, DC)
Formerly attorney in the Health Care Services & Products Division
of the Federal Trade Commission’s Bureau of Competition
Through the use of role play, this unique workshop will greatly enhance your understanding of how the FTC interacts with companies and conducts pharmaceutical investigations. You will learn what really happens from the time a matter lands on the desk of an FTC official, and gain new insights for how to work more effectively with the Commission. Topics of discussion will include:
- Examining how different conduct come to the attention of the FTC
- Analyzing how the FTC collaborates with other agencies
- Understanding the FTC review process
- The time frame for when a review may begin and how long it can take
- Discerning the FTC threshold criteria for deciding when to initiate an investigation
- Knowing what types of information the FTC asks companies for
- Dissecting the communication back and forth with FTC officials
- Understanding what information will be presented to the company
- Grasping what is on the table for discussion
- Weighing how far the FTC is prepared to go on a particular issue and what the available remedies could be
- Crafting your initial response to the investigation
- Tailoring your arguments to the scope of the matter being raised
- Selecting and working with experts and counsel
- Collaborating with management and internal staffing
- Gathering documents and internal records
- Effectively managing parallel investigations and private litigation
- Resolution strategies and litigation avoidance