Industry In-House Counsel Meetings May Be Evidence of Antitrust Violation
Every in-house lawyer planning on meeting -- or attending seminars -- with other counsel in his or her industry should carefully review last week’s decision by Judge Pauley in the In re Currency Conversion Fee Antitrust Litigation (Ross v. Bank of America) litigation. The decision reviews the meetings of counsel and finds that they raise questions of fact requiring trial of an antitrust conspiracy claim. Among the topics discussed by counsel were arbitration clauses and avoidance of class action law suit abuse.
This decision might be a wake up call to lawyers going to any meetings with other counsel in their industries, including meetings or seminars that are firm/vendor sponsored. Given this decision, it might be prudent to have an antitrust monitor and to read an antitrust caution at legal meetings and seminars.
