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Minutes of the Annual Meeting of the
MSBA Antitrust Law Section Governing Council
MSBA Offices
June 12, 2008

Craig Coleman
Faegre & Benson LLP
612-766-6981
ccoleman@faegre.com

Attendees for the June Meeting of the
MSBA Antitrust Law Section Governing Council
June 12, 2008

          Craig S. Coleman
          Richard A. Duncan -- Chair
          Mark A. Jacobson
          Brian Fischer
          Bethany D. Krueger – Vice Chair
          Ryan W. Marth                                   
          Kristen M. Olsen (by phone)                 
          Carol A. Peterson (by phone)               
         

Minutes of the Annual Meeting of the
MSBA Antitrust Law Section Governing Council
MSBA Offices
May 7, 2008

Attendees:  Please see the attached attendance list. 

Call to Order:  The meeting was called to order at 12:05 pm CDT.

Programming.  Chair Rick Duncan summarized the Section’s programs for the 2007-2008 year, as well as the programs currently planned for the 2008-2009 year. 

Treasurer’s Report.  Treasurer Joe Bruckner presented the financial report for the nine-month period ending March 31, 2008, and the Section financial report was distributed to the attendees.  As detailed in the Section financial report, as of that date the Section has a positive balance including investments of $8,402.24. 

Election of Section Officers and Council Members.  Chair Rick Duncan moved the election of the following Section officers and members on the attached proposal.  The motion was seconded and approved unanimously. 

Officers:
Beth Krueger                Chair
Joe Bruckner                Vice-Chair
Craig Coleman             Secretary/Treasurer           
Richard Duncan            Past Chair

Section Council:
Brian Fischer                                                    Ryan Marth
Daniel Gustafson                                               Kristen Olsen
Michael E. Jacobs                                            Carol Peterson
Mark Jacobson                                                Thomas Sheran
Michael Lindsay                                               Heidi Silton
Kevin Magnuson                                              William Sippel

The Annual Meeting adjourned at 12:15 pm to the Section’s CLE Program “Developments in Antitrust Law: The Year in Review.”

Minutes prepared May 7, 2008 and presented by:

Joe Bruckner
Lockridge Grindal Nauen P.L.L.P.
612-339-6900
wjbruckner@locklaw.com

Attendees for the Annual Meeting of the
MSBA Antitrust Law Section Governing Council
And
CLE Presentation:
“Developments in Antitrust Law: The Year in Review”
May 7, 2008

          Jonpaul Barrabee                    
          John F Beukema                     
          Aaron F Biber                        
          W Joseph Bruckner                
          Claudia Carr                           
          Rachel J Christiansen
          Tom Cotter
          Richard A Duncan
          Jon M Garon
          Mark A Jacobson
          Stephen P Kilgriff
          Ann Beimdiek Kinsella
          Bethany D Krueger
          Michael A Lindsay                               
          Ryan W Marth                                    
          James McCarthy
          Richard W Murphy                              
          Elizabeth R Odette                               
          Kristen M Olsen                                  
          Joseph H Otterstetter                           
          Carol A Peterson                                 
          Thomas R Sheran                                
          James S Simonson                  
          Thomas M Spielbauer                          
          Susan H Stephan                                 
         

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
April 17, 2008

Attendees
Rick Duncan, Chair
Beth Krueger, Vice-Chair
Joe Bruckner, Secretary Treasurer
Craig Coleman
Ryan Marth
Kim Basting (MSBA)
Mark Jacobson
Michael Lindsay
Carol Petersen

Call to Order:           
The meeting was called to order at 12:15 pm CDT.

Review and Approval of Prior Minutes:   
The minutes of the March 12, 2008 meeting were approved as revised.  Joe Bruckner circulated the revised March meeting minutes following the April meeting. 

Treasurer’s Report: 
Joe Bruckner presented the financial report for the period ending February 29, 2008.  As detailed in the Section financial report, as of that date the Section has a positive balance including investments of $8,440.60.  Kim Basting has received the bill from the Minneapolis Club in the amount of $1,413 for the April 9 presentation.   

Report on April Program. 
Rick Duncan reported that the April 9 program, in which Dan Shulman spoke on Sports and Antitrust, was well attended and well received.  Dan’s power point from the program will be posted on the Section’s website, along with Rick’s short summary. 

Program PlanningConfirmed for 2007-08 program year:Law School Professors:  Antitrust Year in Review, Noon, May 7, 2008, MSBA Offices.  Panel of law school professors (Tom Cotter, Susan Stephan and Richard Murphy), Michael Lindsay to moderate.  Craig Coleman to draft program notice.  Kim Basting will circulate program notice.  Box lunches will be available.

Programs on track for 2008-09 program year: Bert Foer, American Antitrust Institute.  September 16 or 17, 2008.  Discussion of upcoming election and antitrust law.  Ryan Marth will confirm date.  Location yet to be determined.  Kim Basting will obtain price quotations from the Grand Hotel and the Westin Hotel.  Standard Setting.   Possible November 2008.  Beth Krueger reported that Suzanne Michel, Chief Counsel for Intellectual Property for the FTC, will be able to speak on this topic.  Beth will contact the Minnesota Intellectual Property Law Association about cosponsoring the program.  Section members will also alert patent law professors at the law schools about the program.  Location is yet to be determined; possibly St Thomas or other law school. 

Possible Program Ideas for 2008-09 program year: Airline Industry and Mergers.  Possible October 2008.  Ideas include a panel presentation by former DOJ attorney and knowledgeable industry economists.  Mark Jacobson will contact Bert Foer about Alfred Kahn’s availability.  At the Section’s June meeting we will assign a person to take responsibility to organize a program.  EU Antitrust Program.  Winter or Spring 2009.  Beth Kruger will consult with Kevin Magnuson.  Asian Antitrust Program.  Winter or Spring 2009.  Possible panel could include Byung Keon (BK) Lee, and his colleague from China who presently is studying at Michigan State University.  Carol Petersen will speak to her colleague Peggy Kubitsol (ph) about ideas and whether she would moderate a panel.   Rick Duncan will follow up with Mr. Lee.   CLE program.  Spring 2009.  Possible ½ day seminar in April or May 2009, and combine with “antitrust round-up” by law school professors as a lunch presentation.  Beth will contact MCLE re their requirements.  Carol Peterson suggested it be tailored to in-house practitioners.  Preliminary idea is to generate 3 - 5 topics, presented by a few speakers.  We hope to assign responsibility for this project at the June 2008 meeting.   Antitrust criminal law.  Presentation by San Francisco or Dallas DOJ presenter.  Michael Lindsay  will follow up.   

Annual Business Meeting. 
The following officers and Council members were nominated and approved for the 2008-09 Council term:

Officers:
Beth Krueger, Chair
Joe Bruckner, Vice-Chair           
Craig Coleman, Secretary/Treasurer

Section Council:
Brian Fischer
Daniel Gustafson
Michael E. Jacobs
Mark Jacobson
Michael Lindsay
Kevin Magnuson
Ryan Marth
Kristen Olsen
Carol Peterson
Thomas Sheran
Heidi Silton
William Sippel

Notice:  Kim Basting will circulate notice of the annual meeting together with the May 7 program notice.

Proposed Bylaw Revisions:  The Council declined to revise the Section bylaws at this time. 

Next Monthly Meeting:  June 11, 2008, at noon at the MSBA offices.

Adjourned:  1:02 pm. 

Minutes prepared April 17, 2008 and presented by:Joe Bruckner
Lockridge Grindal Nauen P.L.L.P.
612-339-6900
wjbruckner@locklaw.com

 MSBA Antitrust Law Section
Other Program Possibilities in Idea Stage

March 12, 2008Byung Geon (BK) Lee.  Mr. Lee is a Deputy Director of the South Korean Fair Trade Commission, and this year is a Hubert H. Humphrey fellow at the University of Minnesota.  Rick Duncan will stay in contact with Mr. Lee.  Possible topics include the Microsoft case and the current revisions to Korea’s merger control guidelines.  We will also consider inviting Mr. Lee's Chinese colleague who is studying in Michigan, to present jointly with Mr. Lee.  There may be a benefit to cross-marketing the program with other sections and practice areas.David Balto.  Possible moderator of a future panel discussion.  Prof. Scott Hemphill, Columbia Law School.  Craig Coleman will contact and keep in touch. Possible topic: network neutrality.  Possibly cosponsor with Computer law section.    Franchising.  Mark Jacobsen will explore a possible program.  Mark spoke with Ron Gardner, of Dady & Gardner, about ideas and possible presenters.  Possible January or February 2009.  Consumer privacy/consumer protection issues regarding data privacy, security and identity theft issues.  Rick Duncan will follow up with partners to learn of any similar programs lately. 

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
March 12, 2008

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
February 8, 2008

            The meeting was called to order at 12:05 CST.

            The minutes of the January 10, 2008 meeting were approved and seconded as presented.

W. Joseph Bruckner
Lockridge Grindal Nauen P.L.L.P.
612-339-6900
wjbruckner@locklaw.com

MSBA Antitrust Law Section
Other Program Possibilities in Idea Stage
February 8, 2008

Byung Geon (BK) Lee.  Mr. Lee is a Deputy Director of the South Korean Fair Trade Commission, and this year is a Hubert H. Humphrey fellow at the University of Minnesota.  Rick Duncan will stay in contact with Mr. Lee.  Possible topics include the Microsoft case and the current revisions to Korea’s merger control guidelines.  There may be a benefit to cross-marketing the program with other sections and practice areas.
David Balto.  Possible moderator of a future panel discussion. 
Prof. Hovenkamp.  Rick Duncan will contact Professor Hovenkamp about a possible presentation in Fall 2008.
Prof. Scott Hemphill, Columbia Law School.  Craig Coleman will contact and keep in touch.
CLE program, Antitrust Basics.  Beth Krueger will touch base with Kevin Magnuson and report. 
Criminal Antitrust.  Possibly including presenters from San Francisco office of Department of Justice, and EU seminar presenters.  Michael Lindsay raised the topic. 
Franchising.  Mark Jacobsen will explore a possible program. 

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
January 10, 2008

I.          Attendees

Beth Krueger, Vice-Chair (serving as Chair)
Heidi Silton
Ryan Marth
Tom Sheran
Michael Lindsay
Kristen Olson (by phone)
Carol Peterson (by phone)
Kim Basting (MSBA)

II.        Call to Order

            The meeting was called to order at 12:08 CST.

III.       Review and Approval of Prior Minutes

            The minutes of the December 12, 2007 meeting were approved and seconded as presented.

IV.       Treasurer’s Report

            Heidi Silton reported no change in the financials since the December 12, 2007. 

Kim Basting reported that the bills from the May program at St. Thomas have been received and will be paid.
 
V.        Program Planning

            A.        Confirmed:

1.         Attorney General Lori Swanson.  January 16, 2008 at the Town & Country Club in St. Paul.  Fifty people signed up so far; program ready; location Town & Country Club.

• Kristin Olson to follow up on if Attorney General’s office has any objection to media at the event; if no objection, Tom Sheran and Michael Lindsay may contact Bench & Bar, Minnesota Lawyer, the Business Journal or other media.  Kristen Olson will also follow up on whether Attorney General needs any A/V equipment.

2.         Dan Shulman.  April 9, 2008.  Antitrust and sports.  Rick Duncan has confirmed with Dan.  Talk about new legality of ticket brokers.  Rick will work on this.  Location will be Minneapolis Club. 

3.         Law School Professors program.  Likely May 2008, likely at St. Thomas law school.  Similar to last year’s program at St. Thomas Professors from U of M, Hamline, St. Thomas and Mitchell are on board.  Craig Coleman will shepherd the program.  Cases to be discussed at program could include Leegin (what states are doing with it, if anything); PeaceHealth, NicSand v. 3M, Port Dock v. Oldcastle Northeast Inc., also European Microsoft case, maybe post-Twombly cases.

            B.        Upcoming programs:

1.         Bert Foer, American Antitrust Institute.  Kick off in September on election and what it would mean for antitrust law and cases.  Possible discussion on Peace Health or politics and antitrust law.  Ryan Marth and/or Beth Krueger will follow up for Fall 2008.   

For next meeting, all should bring additional ideas for 2008-2009 programs.

Next Meeting

February 13, 2008, at noon at the MSBA office, City Center, 600 Nicollet Mall, Minneapolis, MN.

Adjourned

12:35 pm

Minutes prepared January 10, 2008 and presented by
Heidi Silton
612-339-6900
hmsilton@locklaw.com

MSBA Antitrust Law Section
Other Program Possibilities in Idea Stage
January 10, 2008

• Byung Geon (BK) Lee.  Mr. Lee is a Deputy Director of the South Korean Fair Trade Commission, and this year is a Hubert H. Humphrey fellow at the University of Minnesota.  Possible topics include the Microsoft case and the current revisions to Korea’s merger control guidelines.  There may be a benefit to cross-marketing the program with other sections and practice areas

• David Balto.  Possible moderator of a future panel discussion.

• Prof. Hovenkamp and Dean Sullivan.  – Rick Duncan contact.

• Prof. Scott Hemphill, Columbia Law School.  Rick Duncan contact.

• Federalism and Antitrust.  (maybe Bert Foer and someone else).

• CLE program.  Perhaps revive CLE program idea for 2008.

• Post – Leegin Case Study.  (Michael Lindsay)

• FTC and Standard Setting Program.   

• Criminal Antitrust Matter.  (using DOJ person from San Francisco) (raised by M. Lindsay) focus on international aspect – look at presenters from EU seminars to see if anyone has contacts.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
December 12, 2007

I.          Attendees

Rick Duncan, Chair
Beth Krueger, Vice-Chair
Heidi Silton
Mark Jacobson
Craig Coleman
Kim Basting (MSBA)
Brian Fisher (by phone)
Kristen Olson (by phone)
Michael Lindsay (by phone)

II.        Call to Order

            The meeting was called to order at 12:10 CST.

III.       Review and Approval of Prior Minutes

            The minutes of the November 7, 2007 meeting were approved and seconded as presented.

IV.       Treasurer’s Report

            Heidi Silton reported no change in the financials since the November 7th meeting. 

            Kim Basting will check again with regard to the bills from the May and September 2007 programs at St. Thomas Law School that have not been received or paid.  Kim Basting did follow up but no word back yet.
 
V.        Discussion of Antitrust Law Section Website  Brian Fisher is working on updating Antitrust Law Section website.  Discussion of updating meeting and notice pages to add materials from presentations or other Power Points.  Also working to update “links” page to provide updated and working links to other pages. 

Brian Fisher has requested, and will pass on to the group when received, data showing how many visits the website receives and who is making the visits.  Council agreed that Brian Fisher should continue his work on updating the website and should act as webmaster of the site.

            Council should continue to generate ideas for articles to post on the site.  Antitrust professors at local law schools should be alerted regarding this opportunity to write and post articles.

VI.       Discussion of 2008 MSBA Convention – June 15-17, 2008, Duluth

            Brief discussion of whether to apply for a spot at the convention.  Consensus was that the audience likely would not have an interest in antitrust topics.  Decided to forgo planning a program for this event.

VII.     Program Planning

            A.        Confirmed:

1.         Attorney General Lori Swanson.  January 16, 2008 at the Town & Country Club in St. Paul.  Notices have gone out to corporate counsel, antitrust members and Kim Basting will send notices to the healthcare section and public law section.  Kim will send a reminder out in early January.

2.         Dan Shulman.  Likely April 2008.  Antitrust and sports or other topics.  Rick Duncan has confirmed with Dan.  Location will be Minneapolis Club.

3.         Law School Professors program.  Likely May 2008, likely at St. Thomas law school.  Similar to last year’s program at St. Thomas Professors from U of M, Hamline, St. Thomas and Mitchell are on board.  Craig Coleman will shepherd the program.  Cases to be discussed at program could include Leegin (what states are doing with it, if anything); PeaceHealth, NicSand v. 3M, Port Dock v. Oldcastle Northeast Inc., maybe post-Twombly cases.

            B.        Possibilities for 2008 programs :

1.         Byung Geon (BK) Lee.  Mr. Lee is a Deputy Director of the South Korean Fair Trade Commission, and this year is a Hubert H. Humphrey fellow at the University of Minnesota.  Rick Duncan, Craig Coleman and Kristen Olsen will meet with him for lunch tomorrow, December 13, 2007 at the Humphrey School and discuss the possibility of a brown bag luncheon in February 2008.  Possible topics include the Microsoft case and the current revisions to Korea’s merger control guidelines.  There may be a benefit to cross-marketing the program with other sections and practice areas.

2.         Bert Foer, American Antitrust Institute.  Section 2 cases/topics; representatives side of view.  Section 2 cases/topics; Discussion on Peace Health or politics and antitrust law.  Ryan Marth and/or Beth Krueger will follow up; possibly for Fall 2008.  Maybe September/October and talk about politics or Federalism.  Beth to follow up with him on dates.

Next Meeting

Thursday January 10, 2008, at noon at the MSBA office, City Center, 600 Nicollet Mall, Minneapolis, MN.

Adjourned

12:50 pm

Minutes prepared December 12, 2007 and presented by
Heidi Silton
612-339-6900
hmsilton@locklaw.com

MSBA Antitrust Law Section
Other Program Possibilities in Idea Stage
December 12, 2007

1.         David Balto.  Possible moderator of a future panel discussion.

3.         Prof. Hovenkamp and Dean Sullivan.  – Rick Duncan contact.

4.         Prof. Scott Hemphill, Columbia Law School.  Rick Duncan contact.

5.         Federalism and Antitrust.  (maybe Burt Foer and someone else).

6.         CLE program.  Perhaps revive CLE program idea for 2008.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
November 7, 2007

Attendees
Rick Duncan, Chair
Beth Krueger, Vice-Chair
Joe Bruckner, Secretary/Treasurer
Kristen Olsen
Brian Fisher (by phone)
Ryan Marth
Craig Coleman
Kim Basting (MSBA)

Call to Order

            The meeting was called to order at 12:04 CST.

Review and Approval of Prior Minutes

            The minutes of the October 16, 2007 meeting were approved and seconded as presented.

Treasurer’s Report

            Section Treasurer Joe Bruckner distributed the Section financial report for the three-month period ending September 30, 2007, and reported that as of September 30, 2007, the Section’s revenues YTD are $3,780, and the Section has a balance in its operating account of $5,250.39.  Together with the investment account balance of $2,913.70, the Section has a total balance including investments of $8,164.09. 

            The bills from the May and September 2007 programs at St. Thomas Law School have not been received or paid.   Kim Basting has followed up with St. Thomas.  We have not received a bill for airfare for Deborah Garza’s presentation on September 20, 2007. 

Programs

Confirmed:

Professor Robert Kudrle.   November 14 at 12:00 Noon, at the Northstar Crowne Plaza.  Program announcements and notices have been sent.  Professor Kudrle will explore differences among antitrust law and practice in Europe, the U.S., Canada, and East Asia in areas such as M & A transactions, distribution restraints, and conduct by dominant firms. Brian Fisher has posted Prof. Kudrle’s paper, “The Globalization of Competition Policy,” on the Section’s website.     

Attorney General Lori Swanson.  January 16, 2008 at the Town & Country Club in St. Paul.  Tom Sheran will work with AG Swanson to prepare the program.  Kristen Olsen confirmed that the AG likely will speak about consumer and antitrust issues.  Kim will send notices in early December.

Dan Shulman.  Likely April 2008.  Antitrust and sports or other topics.  Rick Duncan has confirmed with Dan.

Law School Professors program.  Likely May 2008, likely at St. Thomas law school.   Similar to last year’s program at St. Thomas.   Professors from U of M, Hamline, St. Thomas & Mitchell are on board.   Craig Coleman will shepherd the program. 

Possibilities:

Byung Geon (BK) Lee.  Mr. Lee is a Deputy Director of the South Korean Fair Trade Commission, and this year is a Hubert H. Humphrey fellow at the University of Minnesota.  Rick Duncan, Craig Coleman and Kristen Olsen will meet with him for lunch tomorrow at the Humphrey School and discuss the possibility of a brown bag luncheon in February 2008.  Possible topics include the Microsoft case and the current revisions to Korea’s merger control guidelines.  There may be a benefit to cross-marketing the program with other sections and practice areas.           

Bert Foer, American Antitrust Institute.   Section 2 cases/topics; discussion on Peace Health or politics and antitrust; effect of elections on antitrust law.  Ryan Marth and/or Beth Krueger will follow up; possibly for Fall 2008.

Next Meeting

December 12, 2007 noon at the MSBA office, City Center, 600 Nicollet Mall, Minneapolis, MN.   

Adjourned

12:25 pm CST.

Minutes prepared November 7, 2007 and presented by
Joe Bruckner
612-339-6900
wjbruckner@locklaw.com

MSBA Antitrust Law Section
Other Program Possibilities in Idea Stage
November 7, 2007

Burl Haar.  Brian Fisher/Bill Sipple contact.  Possible panel discussion with utilities people. 

David Balto.  Possible moderator of a future panel discussion.

Prof. Hovenkamp and Dean Sullivan. – Rick Duncan contact. 

Prof. Scott Hemphill, Columbia Law School.  Rick Duncan contact.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
October 16, 2007

Attendees

Rick Duncan, Chair
Beth Krueger, Vice-Chair
Joe Bruckner, Secretary/Treasurer
Tom Sheran, Past Chair
Carol Peterson (by phone)
Ryan Marth
Michael Lindsay
Kim Basting (MSBA)

Call to Order

            The meeting was called to order at 11:35 a.m. CDT.

            The minutes of the September 12, 2007 meeting were approved and seconded as presented.

            Section Treasurer Joe Bruckner reported that as of August 31, 2007, the Section’s revenues year to date are $3,570, and a positive balance in the operating account of $5,142.56.  Together with the investment account balance of $2,923.65, this leaves a total ending balance including investments of $8,066.21. 

            The bill from the May and September programs at St. Thomas Law School have not been received or paid.   Kim Basting is following up with St. Thomas on this.  We have not received a bill for airfare for Deborah Garza’s presentation on September 20, 2007. 

November 7, 2007 noon at the MSBA office, City Center, 600 Nicollet Mall, Minneapolis, MN.   

12:00 noon.

Minutes prepared October 16, 2007 and presented by
Joe Bruckner
612-339-6900
wjbruckner@locklaw.com

--------------------------------------------------------

Other Program Possibilities in Idea Stage
October 16, 2007

Burl Haar.  Brian Fisher/Bill Sipple contact.  Possible panel discussion with utilities people.  David Balto.  Possible moderator of a future panel discussion.
Prof. Hovenkamp and Dean Sullivan. – Rick Duncan contact. 
Prof. Scott Hemphill, Columbia Law School.  Rick Duncan contact.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
September 12, 2007

Attendees

Rick Duncan, Chair
Beth Krueger, Vice-Chair
Tom Sheran, Past Chair
Michael Lindsay
Heidi Silton
Mark Jacobson
Brian Fisher
Carol Peterson
Kim Basting (MSBA)

Call to Order

            The meeting was called to order at approximately 12:05 CDT.

Review and Approval of Prior Minutes

            On motion, the minutes of the August 15, 2007 meeting were approved and seconded as presented.

Treasurer’s Report

            Beth Kruger reported that there was a $1,599.57 balance in operating funds, and a $2,922.00 balance in the investment account.  St. Thomas program food cost from the May 2007 CLE is the only possible outstanding bill; following the September 20 program, Kim Basting will check on the bill for St. Thomas food for both the May and September programs. 

Programs

            A.        Confirmed:

1.         St. Thomas Law School-Deborah Garza, Speaker.  Lunch to be ordered September 12, 2007 by Kim Basting.  Twenty attendees (including presenters) signed up to date.  Kim Basting and Tom Sheran to check and resend program invitation to Health Law, Civil Litigation and Business Law sections and all four law schools.  Tom Sheran asked Council to do internal marketing to get more people to attend the event.   Kim Basting will send reminder e-mails September 12, 2007.  Michael Lindsay asked for a list of those who have signed up; Kim Basting will send it around.

Michael Lindsay reported that Deborah Garza will fly in Thursday morning, September 20th and will talk to him regarding her topic.  Rick Duncan suggested that Council Members think of questions for her.  Topics of presentation likely will include the Antitrust Modernization Report, regulatory matters, mergers/acquisitions and criminal enforcement.

2.         The ABA teleconference program on Iowa Microsoft - October 16 Brown Bag.  This program is confirmed audio only.  No CLE credit through ABA.  However, the MSBA will apply for CLE credit.  (Kim Basting will make request.)

This event will be announced at the September 20th event.  Members will also receive an e-mail invitation.

3.         November 14 – Professor Kudrle.  Rick Duncan with confirm this with Bill and with Professor Kudrle, and will work with him on topic (EU antitrust mostly mergers probably, maybe some litigation).  Kim Basting will check availability at the Grand Hotel or Crown Plaza Hotel and pricing for the November 14th date.

4.         Attorney General Lori Swanson.  Confirmed for January 2008.  Tom Sheran will confirm a January date with MN AG Swanson and will also make sure to avoid the FBA lunch date.

Ideas for meeting location include the Embassy Suites on 7th Street, or the Old Radisson Hotel in St. Paul.  Tom Sheran will inquire if AG Swanson has a strong preference on location.
           
            B.        Unconfirmed and Possibilities:

1.         Burl Haar.  Brian Fisher to talk to Bill Sipple to explore whether a program could be presented; suggestion to make the presentation a panel discussion with utilities people (electricity, phones), and give thought to how to package it to make it attractive to potential attendees.  Spring would be earliest date for the event.

2.         Antitrust Modernization.  It may be sufficient to have Deborah Garza speak on it at the September 20th event.  Otherwise, it would be a topic for a U.S. Senate or House senior staffer or committee staffer to talk about process, where it is.  Consensus is to see what Debra Garza covers in September 20th event and see if more on this topic makes sense.

            3.         David Balto.  Rick Duncan sent around a hand-out.  Received a call from David Balto regarding e-discovery program specific to antitrust program. 

            Rick Duncan will get back to David Balto letting him know we are not interested in e-discovery antitrust as a topic, but possibly raise the idea of David Balto serving as a moderator of a future panel discussion.

            4.         Prof. Hovenkamp and Dean Sullivan. – Rick Duncan will follow up.  Maybe only need one or two more speakers for 2007-2008. 

            5.         Prof. Scott Hemphill, Columbia Law School.  Possible; in the wings.  Rick Duncan will follow-up on this.

            6.         Dan Shulman.  Antitrust or sports or other topics; keep in wings for future event.

7.         Bert Foer, American Antitrust Institute.   Willing to speak on Section 2 cases/topics; ideas include discussion on Peace Health or politics and antitrust; effect of elections on antitrust law.  Ryan Marth will follow up; possibly for the Spring or Fall.

Next Meeting

Next meeting is October 10, 2007 at the MSBA offices, 600 Nicollet Mall, Suite 380, Minneapolis, MN

Adjourned

1:00 p.m.

Minutes prepared  September 24, 2007 and presented by
Heidi Silton
612-339-6900
hmsilton@locklaw.com

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
August 15, 2007

Attendees

Rick Duncan, Chair
Beth Krueger, Vice-Chair
Joe Bruckner,   Secretary Treasurer
Tom Sheran,     Past Chair
Brian Fischer (phone)
Mark Jacobson
Ryan Marth
Kristen Olsen
Carol Peterson (phone)
Kim Basting,     MSBA Staff

Call to Order

            The meeting was called to order at approximately 12:00 noon CDT.

Review and Approval of Prior Minutes

            On motion, the minutes of the June 13, 2007 meeting were approved as presented. 

Treasurer’s Report

            In her swan song as now former Treasurer, Beth Kruger reported that since the time of the June 13 meeting the Section has used funds in its investment account to purchase a $2000 six-month certificate of deposit from US Bank.  

Presentation

            On the Section’s behalf, Rick Duncan presented to past chair Tom Sheran a plaque commemorating his service as Chair of the Section.   Beyond expressing his thanks, Tom declined to present any lengthy remarks.

MSBA Staffing

            Kim Basting earlier notified the Section membership that MSBA Section Services has combined the roles of Section liaison and coordinator so that all section services can be provided by one person.  Kim will be our Section’s contact person in 2007-08, and will continue to attend our meetings and help us prepare our notices. 

            Meaghan Harper is now MSBA Section Services Director, replacing Renee Anderson in that position. 

Programs

            A.        Confirmed:

            1.         Deborah Garza, late September or early October.  Deborah currently is with the Antitrust Division of the U.S. Department of Justice, and formerly was Chair of the Antitrust Modernization Commission.   

            Michael Lindsay has been in contact with Deborah.  It appears she could make a presentation either on September 19 or October 3.    Michael will try to confirm a date soon.   Topics may include the current enforcement priorities of the Antitrust Division, including health care, and the Antitrust Modernization Commission.   Location likely will be St. Thomas Law School.   We anticipate starting lunch at noon, and beginning the presentation at 12:30 p.m.

            2.         The ABA teleconference program on Iowa Microsoft, which the Section is cosponsoring, is scheduled for October 16, 2007.   Rick Duncan will coordinate with Kim Basting to reserve a room at the MSBA offices for those who want to participate there.   Bring your own lunch.   Rick will also investigate obtaining CLE credit for the presentation.   Notice of the program will be in the Section’s regular October program notice, and the ABA also will publicize the program.   Rick will follow up on whether also to have the MSBA Civil Litigation Section and other MSBA sections publicize the program. 

            3.         Prof. Bob Kudrle, November 14, 2007, location to be downtown Minneapolis.   Topic will be some aspect of international antitrust law; the topic will be finalized in early to mid-October.  Bill Sipple has been working with Bob to arrange. 

            B.        Unconfirmed and Possibilities:

            1.         MN Attorney General Lori Swanson.  Tom Sheran has been in contact, but nothing has been confirmed.  We’ve offered any time available to the AG, and have suggested any antitrust or consumer protection topics.   Kristen Olsen also will follow up with the AG’s scheduler. 

            2.         Antitrust Basics.  We agreed to table further planning until the December meeting. 

            3.         Burl Haar, Staff Director of MN Public Utilities Commission.  Brian Fischer will follow up with Bill Sipple and Burl to develop ideas for a panel presentation.  Topics could include antitrust and competition in regulated industries.   Once topic ideas are generated, we can discuss who besides Burl might be appropriate panel members.  

            4.         Prof. Hovenkamp and Dean Sullivan.  Rick Duncan will follow up.  Maybe try to co-sponsor with the Iowa Law Review and/or the MN Law Review, and host a program at the U of M.

            5.         Prof. Scott Hemphill, Columbia Law School.   Possible; in the wings.   Craig Coleman contact.

            6.         State enforcement of RPM after Leegin.  Possible spring presentation.   Would be great to have a presentation, including a speaker, from the MN AG.   

            7.         Lorix and other state developments.   Possible panel presentation.  Mark Jacobson will coordinate ideas. 

            8.         Bert Foer, American Antitrust Institute.  Ryan Marth and Beth Krueger will speak to Bert.

            9.         Patents/IP and Antitrust, especially in light of recent criticisms by the FTC and the Supreme Court of competitive impacts of the patent system.   Tom Sheran and Beth Krueger will coordinate ideas.   Presenters might include Prof. Mark Lumley from Berkeley.   

Next Meeting

            September 12, 2007 at noon at the MSBA offices in the City Center. 

Adjourned

            1:00 pm.

Minutes prepared August 16, 2007 and presented by
Joe Bruckner, Section Secretary/ Treasurer
612-339-6900
wjbruckner@locklaw.com       

Minutes of the Annual Meeting of the
MSBA Antitrust Law Section
May 23, 2007

Call to Order
The meeting was called to order by Chair Tom Sheran at approximately 12:00 p.m.
Election of Officers and Council
Chair Sheran presented the slate of officers and council members to the membership. The slate of officers and council members includes:
Officers:
Rick Duncan, Chair
Beth Krueger, Vice Chair
Joe Bruckner, Secretary/Treasurer

Council Members:
Tom Sheran
Rick Duncan
Beth Krueger
Joe Bruckner
Craig Coleman
Brian Fischer
Dan Gustafson
Mark Jacobson
Michael Lindsay
Kevin Magnuson
Carol Peterson
Heidi Silton
Bill Sippel

Chair Sheran then called for nominations from the floor. Chair Sheran nominated Kristin Olson from the Attorney General's office to serve on the council. Beth Krueger then nominated Ryan Marth of Robins, Kaplan. A motion was made to approve the slate.
The slate was approved with no dissenting votes.
Treasurer's Report
Beth Krueger gave the financial report. As of the end March, the section had a balance of $1669.23 in the operating account and $2992.48 in the investment account. The section started the year with a balance of ($411.65) in the operating account. Membership dues in the amount of $3663.00 have been received from 165 members. Meeting fees of $5190.00 have been received for programs, which have been offset by expenses of $5301.53 for catering. She reported that the main expense of the section was to underwrite the cost of programs, including speaker reimbursement and section invoices. There are two large expenses potentially outstanding. Neither the Marvin Price nor Tom Rosch receipts have been received. If both submit receipts for reimbursement, the section will likely have a slightly negative balance for the year.
Adjourn
The meeting adjourned at approximately 12:07 p.m. and a CLE presented by local law professors regarding recent Supreme Court decisions followed.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
May 9, 2007

Attendance
Tom Sheran, Chair
Rick Duncan, Vice-Chair
Beth Krueger, Secretary/Treasurer
Craig Coleman
Brian Fischer
Michael Lindsay
Joe Otterstetter
Renee Anderson (MSBA Staff)

Pre-Notified Absences
Kevin Magnuson

Call to Order
The meeting was called to order by Chair Tom Sheran at approximately 12:07 p.m.
Review and Approval of Minutes
On a motion, the minutes of the Antitrust Law Section Governing Council Meeting of April 11, 2007 were approved as presented.
Treasurer's Report
Beth Krueger gave the financial report. As of the end March, the section had a balance of $1669.23 in the operating account and $2992.48 in the investment account. The major expense for March was catering of $1219.59 for the Tom Rosch program; however, there were also receipts for the program of $710.00. She also reported that neither the Marvin Price nor Tom Rosch receipts have been received. If both submit receipts for reimbursement, we will likely have a slightly negative balance for the year.
Chair's Report/Old Business
Chair Sheran discussed the section's website. Brian Fischer volunteered to contact Kim Basting to update the website. Chair Sheran has taken no further action regarding a potential blog.
Nominations for Officers and Council
Chair Sheran reported that Joe Bruckner has agreed to serve as secretary/treasurer. A motion was made to nominate following slate of officers:
Rick Duncan, Chair
Beth Krueger, Vice Chair
Joe Bruckner, Secretary/Treasurer

The motion carried. Chair Sheran also reported that he contacted council members and heard from three that they would not be serving. They include: Joe Otterstetter, Karla Glueck, and Todd Wind. Carol Peterson of 3M has agreed to serve in place of Joe Otterstetter.
Michael Lindsay suggested that we need someone to replace Ann Kinsella from the AG's office. He will call to determine if there is anyone who would be interested. Tom Sheran will contact Jim Long and Heidi Silton to see if they are interested in continuing to serve. A motion was made to nominate the following slate of council members, subject to the caveats above:
Tom Sheran
Rick Duncan
Beth Krueger
Joe Bruckner
Craig Coleman
Brian Fischer
Dan Gustafson
Mark Jacobson
Michael Lindsay
[Jim Long]
Kevin Magnuson
Carol Peterson
[Heidi Silton]
Bill Sippel
Attorney General Representative

The motion carried. Beth Krueger will consult the bylaws and inform Renee of the form of notice that needs to be sent after she hears from Michael and Tom as to the results of their calls.
Programs
Michael Lindsay reported on the status of the upcoming antitrust program for May 23, 2007 to be held at St. Thomas. He is meeting with a St. Thomas representative to finalize catering. A reminder notice for the program still needs to be sent out. Craig Coleman will send an email to the professors to encourage attendance.
Michael Lindsay also reported on the Microsoft program that the ABA will be holding in Iowa in June. The presiding judge will be in attendance, along with many of the jurors. The program will be live at a hotel in Des Moines on June 18, 2007. There will be a national feed to the ABA and it will be a brown-bag. We are listed as a sponsor of the program. We will have a room available for section members to listen to the program through an audio feed for CLE credit. We will offer our members the opportunity to ask questions live. Tom Sheran volunteered to screen questions. Tom Sheran will contact the chairs of the litigation, corporate counsel and computer and technology sections to seek approval to send out a notice to their sections.
Chair Sheran suggested forming a committee to plan the antitrust basics program. Joe Otterstetter expressed his willingness to assist with the program even though he will be leaving the council. Tom Sheran agreed to contact MCLE to determine options for timing of the program. Rick Duncan suggested possibly pushing the program to a later date so Kevin Magnuson can spearhead the planning. A general consensus was reached to postpone the program.
Tom Sheran volunteered to contact Lori Swanson to determine interest for a September/October program.
Michael Lindsay suggested having a series of programs on the recommendations of the AMC. He will put together some ideas for presentations. We decided to come up with three topics for programs. It was suggested that we attempt to seek a member or two of the Commission to come for a program.
Next Meeting
The next meeting will be the annual meeting of the section on May 23, 2007. The next meeting of the council will be June 13, 2007.
Adjourn
The meeting adjourned at approximately 1:10 p.m.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
April 11, 2007

Attendance

Tom Sheran
Rick Duncan
Mark Jacobson
Kevin Magnuson
Joe Otterstetter
Brian Fischer
Renee Anderson (MSBA Staff)

Minutes

Minutes of the February 14 meeting approved.

Treasurer's Report

No regular treasurer's report. Beth Krueger had her baby; congratulations!

Changes In Section Dues

No change was recommended for the upcoming program year.

Change In Format To MSBA Program Notice

We will continue to work with MSBA staff to get the coffee cup off section program notices.

Antitrust Section Website/Blog

Discussion occurred as to the feasibility and desirability of an antitrust section web-blog. The Computer Law Section has a blog. However, there is considerable work involved in a blog, which would require a dedicated Antitrust section member to maintain it.

It was decided to announce the idea of a blog at the next program. It was agreed to send an email to the membership to solicit interest.

Program Planning

1. The financial report from FTC Commissioner Rosch's program was not ready. The program itself was successful, and Commissioner Rosch was a great speaker.

2. The May 23 Supreme Court antitrust review program is in its final planning stage. Date and participants are set. Location options were discussed. St. Thomas is a possibility but has not been confirmed. Any co-sponsors need to be identified. Craig Coleman will draft a statement of the topic for the notice. Brian Fischer volunteered to assist with final planning of May 23 program.

Antitrust Basics CLE

Kevin Magnuson reported on program status. Dan Shulman and Jeff Keyes have agreed to participate in the program.

September 15-October 15 time frame seems optimal.

Antitrust Section members will need to assist in preparing the syllabus and associated written materials.

Planning will not include separate break-out sessions.

Kevin Magnuson will contact Seventh Circuit Judge Diane Wood to see if she would present a luncheon speech.

Kevin will contact MCLE to set up dates, planning meetings, and to get staff assigned.

Tom Sheran will recirculate the draft syllabus to council members for further comment.

Future Programs

Loken-Murphy and Sullivan-Hovenkamp are off the list of active consideration.

Consumer protection program (Bill Sippel) sounds promising.

Microsoft Iowa trial program (Michael Lindsay) sounds promising.

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Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
February 14, 2007

Attendance
Tom Sheran, Chair
Rick Duncan, Vice-Chair
Beth Krueger, Secretary/Treasurer
Craig Coleman
Michael Lindsay
Joe Otterstetter
Renee Anderson (MSBA Staff)
Pre-Notified Absences
Kevin Magnuson

Call to Order
The meeting was called to order by Chair Sheran at approximately 12:04 p.m.

Review and Approval of Minutes
On a motion of Rick Duncan, the minutes of the Antitrust Law Section Governing
Council Meeting of January 10, 2006 were approved as modified.

Treasurer's Report
Beth Krueger gave the financial report. As of the end of December, 2006, the section had
a balance of $872.16. She indicated she contacted Tim Giving to transfer $1000.00 from the investment account to the operating budget. She also reported the Marvin Price receipts had not yet been received, nor the catering expenses for that program. A discussion took place regarding transfer of venue for the Law Professors program to save costs. Beth Krueger will put together a report for the next meeting regarding more current expenses.

Chair's Report
Chair Tom Sheran reported on the networking program for law students on February 8,
2007. Karla Glueck had said that she would attend on behalf of the section. Renee Anderson reported on the event and indicated that approximately 40 students attended.
MSBA has gone to a new format for their program announcements. The Council decided
we do not want the new coffee cup logo for our announcements.

Programs
Tom Sheran reported that there are 22 pre-registrations for the Tom Rosch program on
March 1, 2007. The corporate counsel and business law sections have been notified of the
program. A reminder email will be sent regarding registration to all three sections. Michael Lindsay reported further on the program. He has sent out publicity announcements to various business publications. The location of the program will be the Marquette Hotel. Craig Coleman reported on the status of the law professor program. He has lined up Professor Cotter from the University of Minnesota, Richard Murphy from William Mitchell, and Susan Steven from Hamline. All the panelists have set aside May 23, 2007 as a date. However, we need to finalize this or a potential later date. Beth Krueger will inform Craig whether there is a conflict with FBA. Craig suggested publicizing to business law section or corporate counsel section for increased publicity.
Joe Otterstetter reported on the antitrust basics program. Prior to the meeting, Kevin
Magnuson submitted a proposed syllabus for the program. If there are comments on the
syllabus, please send comments to Joe and Kevin. Beth Krueger will circulate to the entire antitrust law council. Joe reported that he spoke with various corporate counsel and has gotten positive feedback from Target and Supervalu. There was not as much interest from Cargill due to extensive internal training. 3M reported strong interest if there would be quality content. A consensus was reached that this should be a full-day program. Joe requested input on course chairs: there were two suggestions-Jeff Keyes and Dan Shulman. The council authorized Joe and Kevin to approach them. We will discuss this program in more detail next month. Chair Sheran suggested that we each review the list of programs before the next meeting to cull the list and think of additional programs to add.

Next Meeting
The next meeting is scheduled for Noon on March 14, 2007, at the MSBA offices in the
City Center.

Adjourn
The meeting adjourned at approximately 1:05 p.m.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
January 10, 2007

Attendance
Tom Sheran, Chair
Rick Duncan, Vice-Chair
Beth Krueger, Secretary/Treasurer
Mark Jacobson, MSBA Delegate
Michael Lindsay
Kevin Magnuson
Joe Otterstetter
Renee Anderson (MSBA Staff)

Pre-Notified Absences
Craig Coleman

Call to Order
The meeting was called to order by Chair Sheran at approximately 12:06 p.m.
Review and Approval of Minutes
On a motion of Mark Jacobson, the minutes of the Antitrust Law Section Governing Council Meeting of November 7, 2006 were approved as modified.
Treasurer's Report
Beth Krueger gave the financial report. As of the end of November, 2006, the section had a balance of $827.96 (October and November financials attached). She indicated that she would move $1000.00 from the investment account to the operating budget. This is the same money that was already moved last year, but automatically moved back to the investment account at the beginning of the year. She then presented a summary of charges for the September and October programs (attached). A decision was made to keep this type of information on a going-forward basis. Michael Lindsay also suggested the possibility of approaching one of the venues and possibly cutting the deal for the entire year. This should be discussed again at the end of this program year.
Chair's Report
Chair Tom Sheran reported he attended the MSBA policy meeting. He also reported on an upcoming networking program for law students scheduled on February 8, 2007. Renee Anderson explained the nature of this program. Chair Sheran called for a volunteer to attend on behalf of the section. Because of the nature of the program, for students interested in small and mid-sized firms, Chair Sheran indicated that he would contact Joe Bruckner, Dan Gustafson and Brian Fischer. He will circulate a further e mail if there is no interest from these individuals.
Programs
Renee Anderson reported that there are 22 pre-registrations for the patent settlement program on January 16, 2007. A reminder e mail regarding registration was sent today to all Antitrust Section and MIPLA members.
Michael Lindsay reported that FTC Commissioner Tom Rosch will be speaking on March 1, 2007. He will be in touch with Commissioner Rosch to finalize the topic. He will also prepare a blurb for the notice as soon as Commissioner Rosch finalizes his topic.
Craig Coleman is out of town; however, Rick Duncan reported generally on the status of the law professor program. He reported that Craig has gotten commitments from Hamline, William Mitchell and St. Thomas (Michael Lindsay agreed to moderate if we would like), but has not received any commitment yet from the University of Minnesota. Rick suggested planning the program for May and indicated that Craig could send out an e mail summarizing the status. Kevin Magnuson volunteered to assist. Michael Lindsay suggested doing this program on a yearly basis to report on important developments.
Kevin Magnuson and Joe Otterstetter reported on the antitrust basics program. Kevin and Joe both expressed a desire to arrange a high-quality program that teaches black-letter basics. They are working with the MCLE to arrange the program. The committee discussed postponing the basics program until the fall given the Rosch and law professors programs and also given the lead time necessary for publicity. A consensus was reached to have the program in the fall. Joe will canvass local in-house counsel for input on what they would like to see in the program and whether they would be interested. Currently, Kevin and Joe did not think they need any additional assistance in planning. Kevin and Joe will make a recommendation to the counsel for the format of the program, as well as present a proposed syllabus, at the next meeting.
Next Meeting
The next meeting is scheduled for Noon on February 14, 2007, at the MSBA offices in the City Center.
Adjourn
The meeting adjourned at approximately 1:09 p.m.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
October 11, 2006

Attendance
Tom Sheran, Chair
Rick Duncan, Vice-Chair
Beth Krueger, Secretary/Treasurer
Brian Fischer (by phone)
Craig Coleman
Kevin Magnuson
Clark Griffith
Kim Basting (MSBA Staff)

Excused Absences
Michael Lindsay
James Long

Call to Order
The meeting was called to order by Chair Sheran at 12:12 p.m.
Review and Approval of Minutes
On a motion by Rick Duncan, the minutes of the Antitrust Law Section Governing Council Meeting of September 13, 2006, were approved as presented.
Financial Report
Beth Krueger reported that the balance for the end of August, 2006, was $1,848.86. She reported that we will have enough to cover our next speaker, but will have to assess where we are after our next program. At our next meeting we will discuss transferring money from the investment account to the operating account, as well as whether to increase fees for future programs.
Consumer Protection as Part of Section Mission
Chair Tom Sheran reported on the genesis of Bill Sipple's suggestion that we add consumer protection to the mission of the section. There was discussion of how this suggestion could be implemented. No action was taken regarding this agenda item. This discussion was tabled until a future meeting at which Bill Sipple is present.
Programs
Next Wednesday, October 18, 2006, we will hold a program at which David Wales of the FTC will speak. No further planning is required.
Tom Sheran reported that Marvin Price of the Chicago Field Office of the DOJ has agreed to come to speak. Chair Sheran has proposed some alternative dates in the first and second weeks of December. No firm date or topic areas have been settled on.
Beth Krueger reported that David Balto is still willing to present the patent settlement program. MIPLA has expressed an interest in co-sponsoring, but has not confirmed. We decided to attempt set up the program for the third week of January. Beth Krueger will make a determination if there are any sections we want to notify other than MIPLA.
Chair Sheran reported on the status of the program with FTC Commissioner Tom Rosch. We agreed that Michael Lindsay should attempt to set up a February date.
Kevin Magnuson reported on the status of the half- or full-day antitrust basics program. He reported that we could get a waiver from MSBA if we want to plan a full-day program (up to 6.5 credits). He suggested combining the program with a lunch-time CLE. One suggestion for a speaker would be Steve Sussman. Kevin will follow-up by contacting MCLE and will put together a draft outline.
Craig Coleman reported on the status of the Supreme Court review program. He and Brian Fischer have contacted professors at various law schools regarding scheduling. Likely timeframe for the program would be May.
Brian Fischer reported on the status of a potential future program regarding public utilities. Further discussion was tabled until the next meeting.
Beth Krueger raised the possibility of a future program with Bert Foer of the American Antitrust Institute. Further discussion was tabled until the next meeting.
Next Meeting
The next regular Antitrust Section Council meeting is scheduled for Noon on November 8, 2006, at the MSBA offices in the City Center.
Adjourn
The meeting adjourned at approximately 1:18 p.m.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
September 13, 2006

Attendance
Tom Sheran, Chair
Rick Duncan, Vice-Chair
Mark Jacobson
Brian Fischer
Joseph Otterstetter
Kevin Magnuson
Renee Anderson (MSBA Staff)
Jim Long, Acting Secretary
Prenotified Absences
Beth Krueger, Secretary/Treasurer
Michael Lindsay
Review and Approval of Minutes
On a motion, the minutes of the Antitrust Law Section Governing Council Meeting of July 12, 2006 were approved as presented.
Financial Report
Treasurer Beth Krueger had provided the Treasurer's Report to Tom Sheran and Rick Duncan in advance of the meeting. A copy of that report is attached to these minutes and made a part hereof. The Report was approved. The Chair discussed the Section's positive financial position and indicated that it appears finances will be sufficient to run all scheduled programming this year.
Recognition of Past Chair
Michael Lindsay will be presented with a plaque recognizing his excellent service as 2005-2006 Section Chair at the September 19, 2006 program.
Consumer Protection's Role in Mission of Section
Discussion of this issue was deferred to the October 11, 2006 Council meeting.
Programs
Kevin Magnuson and Joe Otterstetter reported on their work on the proposed "halfday" antitrust primer CLE aimed at newer, less experienced attorneys who have a need for basic antitrust training. Kevin Magnuson reported that they would like the Section to consider making this a full day program, comprised of: a) a fairly advanced training on nuts and bolts fundamental antitrust concepts in the morning; b) an outside lunch speaker, which would be open to Section as a whole; and c) an afternoon focused on counseling issues (such as pricing issues) and a framework for providing counseling and antitrust analysis. Magnuson reported that he believed the speakers should be local practitioners, with the exception of the lunch speaker.
Tom Sheran raised the issue of whether utilizing local practitioners would cause concerns of inappropriate self promotion. The issue also was raised that any CLE in excess of one half day had to be done in conjunction with MCLE, unless a waiver was provided. If MCLE co sponsored the event, MCLE would receive all of the revenue. A concern also was raised concerning whether dates this year would be available for a MCLE co-sponsored event. Mr. Sheran requested that decisions on this proposed antitrust primer CLE be made a priority for the next meeting.
Mr. Magnusson reported that the Hovenkamp/Sullivan program should be put at the back of the Proposed Programs list because Professor Hovenkamp has no present plans to be in the Twin Cities.
Rick Duncan reported that the proposed program with Judge Murphy and Judge Loken remains a possibility- both judges are considering our request.
The program featuring David Balto discussing patent settlements will occur, but a date needs to be picked.
The Section has received a tentative commitment from FTC Commissioner Rosch for February/early spring.
A year end Supreme Court Year in Review Program is also being developed. The idea is to have such a program in May in which one Antitrust Professor from each Minnesota Law School would speak.
Mark Jacobson raised the idea of a program on the Minnesota Court of Appeals recent decision on indirect purchaser standing in Lorix v. Crompton Corp., Minn. Ct. App. No. A05-2148 (8/22/06).
It was agreed that the Section's immediate focus would be on following through on the programs that already are established and on reaching a decision on the antitrust primer CLE.
MSBA Policy Matters
The MSBA had requested input into a proposed volunteer reimbursement policy. After significant discussion, the Council determined that it would not provide the MSBA with any input concerning the proposed policy.
The Council discussed a request from MSBA that a 3 tiered pricing approach to Programs be implemented. The additional tier would set a program price for MSBA members more than Antitrust Section members, but less than non-MSBA members. The Council decided to reserve action until the next meeting so that the financial implications of the proposal could better be evaluated.
Next Meeting
The next meeting is scheduled for Noon on October 11, 2006, at the MSBA offices in the City Center.
Adjourn
The meeting adjourned at 1:09 PM.

Minutes of the Monthly Meeting of the
MSBA Antitrust Law Section Governing Council
July 12, 2006

Attendance
Tom Sheran, Chair
Rick Duncan, Vice-Chair
Beth Krueger, Secretary/Treasurer
Michael Lindsay, Immediate Past Chair
Mark Jacobson
Brian Fischer
Craig Coleman
Renee Anderson (MSBA Staff)

Excused Absences
Joseph Otterstetter
Anne Kinsella
Kevin Magnuson

Review and Approval of Minutes
On a motion, the minutes of the Antitrust Law Section Annual Meeting of April 25, 2006 and the Governing Council meeting of June 14, 2006 were approved as presented.
Financial Report
Vice Chair and former Secretary Treasurer Rick Duncan gave the financial report. He passed out a summary of the financials as of May 31, 2006 (attached). For the year, the section is down $1,200, but he does not think this is really reflective for the program year. He suggested that we do an August to the end-of-July comparison to be truly reflective of the program year. Rick answered questions regarding the account balance, as well as the transfer of funds from the investment account
Recognition of Retiring Chair
The executive members of the council, acting as an executive committee, ordered a plaque for Michael Lindsay in recognition of his past service as Chair. Chair Tom Sheran congratulated Michael for his year of service.
Chair's Report
Chair Tom Sheran reported that the section by-law changes have been approved by MSBA.
Chair Sheran met with new MSBA President Pat Kelly who spoke with Tom about his initiatives. Chair Sheran reported on Pat Kelly's initiatives, including an initiative to increase outstate membership. Part of this initiative will be presentations in the various judicial districts. President Kelly will be looking to each of the sections to commit to one of the district presentations. Council members discussed which of the districts would be most interested in an antitrust presentation. The council agreed that the Rochester area would be preferable.
MSBA Delegate Report
MSBA Delegate Mark Jacobson reported on the MSBA state convention. He indicated that a big focus of the convention was the issue of judicial independence and political elections. The bar is putting together a commission to educate the public on the role of judges. Another group has also been formed to extract a pledge from judicial candidates that they will not be seeking partisan endorsements. The bar is creating a recommendation to the Legislature
Programs
Bill Sipple has reported to Tom Sheran that the Chicago field office of the DOJ will make someone available in the October time frame on a topic of their choice.
Michael Lindsay reported that FTC Commissioner Tom Rosch will be available for a presentation in the spring. The topic of the program is yet to be determined, but it will be a replacement for the merger program that was being discussed.
Beth Krueger reported that the narrow issue of the MedImmune case is probably not appropriate for a program, but the issue of patent settlements is still available.
Michael Lindsay reported that the September program is in good shape. Dan Gustafson and Joe Bruckner will present on class actions. They would be willing to have members of the defense bar participate in the program as well. Michael Lindsay will propose two or three different dates to them to nail it down. Michael suggested that we send an invitation for the program to the Civil Litigation Section. He also suggested the corporate counsel group. Beth Krueger agreed to contact Becky Thorson, FBA president, regarding the dates of their programs. We will want to avoid any FBA dates. The members discussed the location of the program and other programs this year. Members were in favor of the Grand Hotel, given Renee Anderson's report that prices at the Grand are comparable to the Northstar. We will want to send the notice out early, as well as a week before the presentation.
Tom Sheran suggested that we do one program in the fall other than the September class action program and the DOJ program.
Rick Duncan reported that he is still working on the Eighth Circuit program, but that it would probably be more appropriate for winter or spring. Judge Ley was suggested as a potential participant, and Michael Lindsay will follow up with one of his partners who clerked for Judge Ley.
Michael Lindsay suggested a Supreme Court preview program for the upcoming term. A Supreme Court review program was also discussed. Craig Coleman suggested bringing in an antitrust professor from each of the law schools to discuss the cases. Michael Lindsay then suggested an annual year-in-review antitrust program. This would be in the June time frame. Craig Coleman and Beth Krueger volunteered to coordinate this program.
Rick Duncan reported on the antitrust basics program that Kevin Magnuson and Joe Otterstetter are coordinating. Rick asked Kevin Magnuson to send a short report to Tom Sheran about the program. Tom Sheran questioned how realistic it would be to get the program done yet this year. After the meeting, Kevin Magnuson circulated for comment an e mail status report on the proposed half-day basics program.
Patent settlement was discussed as a program for the this fall. Beth Krueger will be in charge. It was suggested that the program be a joint program with MIPLA. The date will need to be somewhat flexible given the tentative nature of the DOJ and Eighth Circuit programs.
E mails regarding updates on the DOJ and the patent settlement matter should be sent out to all present at this meeting.
Next Meeting
There will be no August meeting. The next meeting is scheduled for Noon on September 13, 2006, at the MSBA offices in the City Center.
Adjourn