PUBLICATIONS by Gordon Schnell

Why you should care about National Whistleblower Appreciation Day

The Hill (August 22, 2016)
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Anatomy of an IRS Phone Scam

(with Sarah Poppy Alexander) Think Advisor (July 6, 2016)
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Trump University: A Foreboding

US News and World Report (April 28, 2016)
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New Clarity On FCA Public Disclosure Bar For Whistleblowers

Law360 (March30, 2016)
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Maybe Too Big To Jail, But Never Too Small

Huffington Post (March 7, 2016)
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Yes, We Need Whistleblower Rewards

The FCPA (December 3, 2015)
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DOJ Scores Big With Record-breaking Alstom FCPA Sentence — Who’s Next On the DOJ’S FCPA Hit List?

(with Eric R. Havian) Offshore Alert (November 16, 2015)
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Deflategate’s Ultimate Lesson: The NFL Needs a Whistleblower Program

(with Tim McCormack) Huffington Post, (October 14, 2015)
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Moving Beyond the “Ag” In “Ag-Gag” — the Next Wave of Anti-Whistleblower Legislation?

(with Molly Knobler) Huffington Post (August 7, 2015)
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The hypocrisy of big-time college sports

(with David Scupp) CNN (April 1, 2014)
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Why Whistleblowers Like Edward Snowden Will Keep Running to the Press

Business Insider (Dec. 24, 2013)
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Bring In the Whistleblowers and Pay Them – the Next Logical Step In Advancing Antitrust Enforcement

Competition Policy International (November 2013)
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How to Prevent the Next Bradley Manning and Edward Snowden

Roll Call (June 27, 2013)
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Ag-Gag Laws Seek to Put Factory Farms Off-Limits to Whistleblowers

The Hill (May 9, 2013)
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Rutgers Scandal Just the Latest Example of the Need for Whistleblower
Reform in College Sports

College Sports Business News (April 9, 2013)
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Some Greater Clarity on the FCPA’s Reach Over Foreign Nationals

ThomsonReuters (April 2, 2013)
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Deterring Financial Crime — Reconciling and Improving Upon the Diverging Approaches of U.S. Antitrust and Financial Regulation

Competition Policy International (March 2013)
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Lesson Learned from the Petraeus Affair – Intelligence Agents Need Whistleblower Protections Too

The Hill (November 27, 2012)
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NFL Falls Short In Protecting Its Bountygate Whistlebower

Sports Business Journal (November 5, 2012)
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Two U.S. Courts Offer Conflicting Guidance On Protections for Internal Reporting

ThomsonReuters (September 26, 2012)
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The Age of the Whistleblower — A Time of Greater Incentives, Protections and Appreciation for the Corporate Snitch

Law 360 (September 6, 2012)
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Expanding Protections for Antitrust Whistleblowers — A Good Start But Not Nearly Enough

The Hill (August 6, 2012)
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How To Catch A Thief — Corporate Leniency And The Irrepressible Challenge Of Cartel Detection; Finding A Better Way

Competition Policy International (September 2011)
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We’ve been here before, and football on Sundays survived

(with David Scupp)Street & Smith’s Sports Business Journal (May 9-15, 2011)
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The Real March Madness: The Failed BCS Championship and Why the Antitrust Laws Are Not the Answer

(with David Scupp)Competition Law 360 (March 17, 2011)
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Antitrust laws do not provide answer to reforming BCS

(with David Scupp) Street & Smith’s Sports Business Journal (August 23-29, 2010)
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A Call to Albany: It’s Time to Amend the Donnelly Act

(with Sam Rikkers) New York Law Journal, November 12, 2008
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Exporting U.S. Competition Law

Global Competition Review, April 2008, at pp.35-36.
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RPM – What’s all The Ruckus About?

(with Jean Kim) Competition Law 360, February 6, 2008
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‘Twombly’ Pleading Standard: Good Idea, Bad Execution

New York Law Journal, December 5, 2007
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Class Action Madness in Europe — a Call for a More Balanced Debate

European Competition Law Review, November 2007, at 617-19.
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Pfizer’s Cholesterol Gambit: Dodging the Antitrust Laws?

(with Michelle Peters) The New York Law Journal , Oct. 12, 2005, at 4 & 6
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Exclusive Dealing

The National Law Journal, Sept. 5, 2005, at 16
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Patents and the Presumption of Market Power: the Latest Twist in Tying Law

Andrews Antitrust Litigation Reporter, July 2005, at 15. Also published in Andrews Patent Litigation Reporter, July 2005, at 11; Andrews Software Law Bulletin, August 2005, at 8; and Andrews Computer and Internet Litigation Reporter, July 26, 2005, at 9
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Exclusivity: The Right and Wrong Way

Chain Store Age Magazine, June 2005, at 102.
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Repairing the Failed Debit Card Market: Lessons from an Historically Inventionist Federal Reserve and the Recent Visa Check/MasterMoney Antitrust Litigation

2 N.Y.U. J. of L. & Bus. 147 (2005) (with Lloyd Constantine, Reiko Cyr and Michelle A. Peters)
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Will Your Merger Pass Regulatory Muster

The Corporate Board, July/August 2004, at 18-22
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The Great Canadian Debit Debate

Credit Card Management, May 2004, at 12
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Muzzling Telemarketers

The National Law Journal, December 8, 2003, at 35
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An Antitrust Challenge to the National Resident Matching Program

The New York Law Journal, August 2, 2002, at 4.
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“Cooperation Agreements” with Departing Employees: An Easy Way To Avoid a Whole Lot of Trouble

Publication (Date)
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Iffy Prognosis For Intern Suit

The National Law Journal, June 24, 2002, at A12
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4(c) or Not 4(c): That Is the HSR Question

New York Law Journal, March 28, 2002, at 5.
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Cooperation Agreements

Legal Times, March 18, 2002, at 32.
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4(c) Disclosure: Don’t Hold Anything Back

The National Law Journal, February 4, 2002, at A24.
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The “Pull and Trigger:” A Simple Way to Side-Step The Dreaded HSR Second Request

Andrew’s Antitrust Litigation Reporter, December 2001, at 11.
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Antitrust Walk-Away Provisions

The National Law Journal, December 10, 2001, at A19.
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The Do’s and Don’ts of Premerger Coordination Between Buyers and Sellers

Altman Weil In-House Practice & Management, November 2001, at 10-11.
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E-Payment Network Directors Risk Antitrust Scrutiny

American Banker, September 7, 2001, at 6.
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The Merger Review Process: A Step-by-Step Guide to Federal Merger Review

American Bar Association Section of Antitrust Law, 1995 (contributing author)


SPEECHES by Gordon Schnell

August 27, 2015
Whistleblowing in Antitrust: Prospects and Pitfalls
American Bar Association presentation.
Click here for audio recording.

June 14, 2013
Presentation at American Bar Association Healthcare and Pharmaceutical Committee meeting on recent developments in whistleblower legislation and litigation.

November 29, 2012
Presentation at American Bar Association Corporate Counseling Committee meeting on the current state of whistleblower legislation and antitrust enforcement.

November 17, 2011
Improving the Mighty BCS – But Not Through Antitrust: Presentation at Thomas Jefferson Law School’s Center for Sports Law and Policy Conference on the BCS and the Future of Big-Time College Football, San Diego, CA. To read more click here.

May 7, 2008
European Commission “White Paper” On Private Antitrust Litigation Reform In The UK And Europe: Presentation at Centaur Conference, London, England.

April 24, 2007
The Case For And Against Antitrust Class Actions: Presentation at IBC Advanced EC Competition Law Conference, London, England.

June 5, 2006
The Extraterritorial Limits Of United States Competition Law: Presentation at International Law Association’s Biennial Conference, Toronto, Canada.

March 3, 2005
Debit In The United States — Where It’s Going And From Where It Came: Presentation at IC Card World 2005, Tokyo, Japan.<

April 15, 2004

The Future Of Debit In The Aftermath Of The Merchant Litigation Against Visa And Mastercard: Presentation to the PULSE EFT Board of Directors, St. Louis, Missouri.

June 26, 2002
An Overview Of The U.S. Merger Review Process: Presentation to invited guests at Constantine and Partners, New York, New York.

June 5, 2002

Antitrust Flash Points In The Consumer Products Industry: Presentation to Consumer Products Group at Deutsche Bank, New York, New York.

May 7, 2002

Antitrust Guidelines For Meetings Of Competitors: Presentation to JSTOR (The Scholarly Journal Archive) Annual Publishers Meeting, New York, New York.

May 2, 2002

The U.S. Merger Review Process — What It Takes To Get It Done Quickly, Cheaply, And Effectively: Presentation to Westchester/Fairfield County Association of Corporate Counsel, Greenwich, Connecticut.

July 18, 2001

Antitrust Guidelines For Joint Venture Participation: Presentation to STAR EFT Network Advisory Board, Memphis, Tennessee.