Adopted: September 21, 2019
This NAMWOLF policy is to comply fully and strictly with federal and state antitrust laws.
This NAMWOLF policy is motivated by a respect and belief in the antitrust laws and the free market philosophy underlying these laws, and in recognition of the potentially severe criminal and civil penalties for antitrust violations. Our aim is to conduct ourselves in such a way as to avoid any potential antitrust exposure in the first instance. Full compliance with the antitrust laws rests with each Member and the NAMWOLF staff.
To comply with the antitrust laws, Members who compete should not discuss certain subjects ‐ whether at formal or informal NAMWOLF meetings or during informal or social contacts with other NAMWOLF or industry members.
Topics to avoid discussing with competitors include:
- Prices/ rates, including prices/ rates paid to vendors and associate salaries;
- price/ rate trends
- timing of price/ rate changes
- promotional programs, and the like
In‐house counsel of entities and other attendees from non‐law firm entities that compete should similarly refrain from discussing prices, rates, price/ rate trends, timing of price/ rate changes, margins, discounts, promotional programs and the like.Further, NAMWOLF, its board and committees, and/or two or more of its Members are prohibited from collectively:
- Determining what is a fair, appropriate, or “rational” price or profit margin for suppliers, distributors, or retailers;
- Discussing company/firm‐specific data concerning rates, production, bids, costs, salaries, customer credit, or other business practices;
- Agreeing not to “poach” or hire another firm ‘ s staff or attorneys;
- Allocating geographic markets or customers between or among competitors;
- Bid rigging, bid rotation, or otherwise distorting the bid process;
- Boycotting clients, suppliers or vendors;
- Conspiring to exclude competitors from the market; and
- Setting any Practice Area Committee membership restrictions, standard‐setting, certification, accreditation, or self‐regulation programs without consultation and approval by the NAMWOLF designated legal counsel.
NAMWOLF, its board and committees and/or two or more of its Members are prohibited from collectively providing aggregated fee related information to in‐house counsel or other potential or actual clients unless they have consulted with antitrust counsel beforehand to ensure that agency guidelines are being followed.
We do ask that its Members do the following:
- Have meeting agendas that are circulated in advance, and that minutes of all meetings properly reflect the actions taken at the meeting;
- Insist that the NAMWOLF Antitrust Compliance Statement of Policy be distributed to board members and members at meetings;
- Request that counsel for NAMWOLF be present at any NAMWOLF discussion involving potentially competitively sensitive information; and
- Seek legal advice from your own counsel or from the NAMWOLF designated legal counsel if you have questions about the antitrust laws or your responsibilities under these laws.
Participants in NAMWOLF meetings have an obligation to terminate any discussion, seek legal advice, or, if necessary, terminate any meeting if the discussion might be construed to raise any antitrust risks.