Wharton Business Radio

Knowledge @Wharton: March 6, 2018

Host Dan Loney is joined by Joseph Sirbak (Labor Attorney, Cozen O’Connor), Marc de Sousa-Shields (Co-Founder; author of the new book “Invest Like You Give a Damn: Make Money, Change the World, Sleep Well at Night”, Responsible Investor Association), Geoffrey Manne (Executive Director, International Center for Law & Economics), Stacy Smith (Associate Professor/Founder and Director, USC Annenberg Inclusion Initiative), Kalpana Kotagal (Partner, Cohen Milstein Sellers & Toll PLLC), and Herbert Hovenkamp (Professor of Legal Studies and Business Ethics, Professor of Law at Penn Law; Expert in Antitrust Law and American Legal History, The Wharton School) on the Tuesday, March 6, 2018 edition of Knowledge@Wharton.

Air Date: Tuesday, March 6, 2018 on SiriusXM 132

Hosted By

Knowledge @Wharton: March 6, 2018 10:00

Air Time: 10:00 am
Featuring: Stacy Smith, Kalpana Kotagal

Knowledge @Wharton: March 6, 2018 10:30

Air Time: 10:30 am
Featuring: Joseph Sirbak

Knowledge @Wharton: March 6, 2018 11:00

Air Time: 11:00 am
Featuring: Geoffrey Manne, Herbert Hovenkamp

Knowledge @Wharton: March 6, 2018 11:30

Air Time: 11:30 am
Featuring: Marc de Sousa-Shields

Featured Guests

Joseph Sirbak

Labor Attorney, Cozen O’Connor

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Joseph P. Sirbak, II, focuses his practice on providing employers with experienced and efficient service in a variety of labor and employment matters.

As a traditional labor attorney, Joe represents employers on matters arising under the Railway Labor Act (RLA) and the National Labor Relations Act (NLRA), including union elections, the negotiation of collective bargaining agreements, arbitration of grievances, emergency relief against unlawful picketing or other strike activity, and unfair labor practice charges before the National Labor Relations Board.

Over the course of his career, Joe has developed a deep understanding of legal issues affecting the transportation industry, and rail carriers in particular. Joe has wide-ranging experience counseling carriers on hours of service issues, labor protective conditions imposed by the Surface Transportation Board, and the preemptive force of federal statutes to invalidate state and local regulation.

Joe defends clients at all stages of proceedings under the Federal Railroad Safety Act and other whistleblower protection statues, from the defense of administrative charges before the Occupational Safety and Health Administration (OSHA), through trial and appeals to the U.S. Circuit Courts of Appeals. Joe attends meetings of the federal Whistleblower Protection Advisory Committee and is recognized as a leading practitioner nationally in this rapidly evolving area of law.

Joe also handles a wide array of employment law matters. He represents employers in federal, state, and administrative proceedings alleging violations of Equal Employment Opportunity (EEO) laws such as Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and the New Jersey Law Against Discrimination. He advises employers and litigates cases involving the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), and the Family and Medical Leave Act (FMLA).

His broad employment law experience includes defending clients in all stages of unemployment compensation and workers’ compensation claims and representing employers in federal and state lawsuits asserting common law causes of action such as breach of contract, tortious interference with contractual relations, wrongful discharge, and defamation. He also advises employers on privacy issues, including pre-employment background checks, employee surveillance, drug testing and compliance with the Fair Credit Reporting Act, Freedom of Information Act, and the Family Educational Rights and Privacy Act.

Joe is an active member of the boards of directors of the Logan Square Neighborhood Association, the Delaware Valley Association for the Education of Young Children, and PhillySetGo. He also serves as a local Inspector of Elections.

Twitter – @cozen_oconnor
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Marc de Sousa-Shields

Co-Founder; author of the new book “Invest Like You Give a Damn: Make Money, Change the World, Sleep Well at Night”, Responsible Investor Association

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Marc de Sousa-Shields is an international sustainable development and investment consultant. He co-founded and was first Executive Director of the Social Investment Organization (SIO) of Canada. He has been an advisor to the United Nations and was a Member of the US Social Investment Forum International Committee. He wrote Sustainable and Responsible Investment in Emerging Markets for the World Bank-International Finance Corporation and led a USAID project on Transitions to Private Capital. He has written for leading online corporate sustainability magazines including Triple Pundit and Sustainable Brands and is the author of The Sustainable Century by Design or Disaster (forthcoming), TheSustainableCentury.net blog, and the Sustainable Century Podcast. The hardest things he has done are convincing his mother-in-law to make social investments and organic urban gardening in a semi-tropical climate. He has worked and traveled in over 80 countries and when not on the road, Marc lives in Mexico.
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Geoffrey Manne

Executive Director, International Center for Law & Economics

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Geoffrey A. Manne is the founder and executive director of the International Center for Law and Economics (ICLE), a nonprofit, nonpartisan research center based in Portland, Oregon. He is also a distinguished fellow at Northwestern Law School’s Searle Center on Law, Regulation, & Economic Growth. In April 2017 he was appointed by FCC Chairman Ajit Pai to the FCC’s Broadband Deployment Advisory Committee, and he recently served for two years on the FCC’s Consumer Advisory Committee.

Mr. Manne earned his JD and AB degrees from the University of Chicago and is an expert in the economic analysis of law, specializing in competition, telecommunications, consumer protection, intellectual property, and technology policy.

Prior to founding ICLE, Manne was a law professor at Lewis & Clark Law School. From 2006-2009, he took a leave from teaching to develop Microsoft’s law and economics academic outreach program. Manne has also served as a lecturer in law at the University of Chicago Law School and the University of Virginia School of Law. He practiced antitrust law and appellate litigation at Latham & Watkins, clerked for Hon. Morris S. Arnold on the 8th Circuit Court of Appeals, and worked as a research assistant for Judge Richard Posner. He was also once (very briefly) employed by the FTC.

Mr. Manne’s publications have appeared in numerous journals including the Journal of Competition Law and Economics, the Harvard Journal of Law and Technology, the Supreme Court Economic Review, and the Arizona Law Review, among others. With former FTC Commissioner, Joshua Wright, Manne is the editor of a volume from Cambridge University Press entitled, COMPETITION POLICY AND INTELLECTUAL PROPERTY LAW UNDER UNCERTAINTY: REGULATING INNOVATION. Manne has also testified on several occasions before Congress and at the FCC and FTC, and he regularly files written comments and amicus briefs on key antitrust, IP, and telecommunications issues. His analysis is frequently published in popular print and broadcasting outlets such as the Wall Street Journal, Wired, Foreign Affairs, NPR, and Bloomberg, among others.

Manne is a member of the American Law and Economics Association, the Canadian Law and Economics Association, and the Society for Institutional & Organizational Economics. He blogs at Truth on the Market (www.truthonthemarket.com) (of which he is also the co-founder), is a contributor at WIRED, and tweets at @geoffmanne. His scholarly publications are available at http://ssrn.com/author=175541.

Twitter – @geoffmanne; @laweconcenter
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Stacy Smith

Associate Professor/Founder and Director, USC Annenberg Inclusion Initiative

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Stacy L. Smith, Ph.D. is an Associate Professor at USC Annenberg and the Founder and Director of the USC Annenberg Inclusion Initiative (AII), the leading think tank globally studying issues of inequality in entertainment. AII research focuses on inclusion in film, television, and digital media and all facets of the music industry. Dr. Smith has written over 100 journal articles, book chapters, and reports on media content patterns and effects. She was the principal investigator of the CARD report, examining Hollywood’s hiring practices on screen, behind the camera, and in the executive ranks across the major media companies and digital distribution platforms. Dr. Smith speaks routinely on issues of inequality. She has given a TED Talk and spoken at the United Nations, the White House, Sundance Film Festival, Promax and LUNAFEST. Dr. Smith’s work was the basis for the EPiX docuseries, 4%: Film’s Gender Problem.

Dr. Smith is the intellectual heft behind the content based research of the Geena Davis Institute on Gender in Media (2005-2014) and the qualitative and quantitative research sponsored by the Sundance Institute and Women in Film (2012-2015). Her work has set the national conversation on employment practices on screen and behind the camera in film. Dr. Smith’s research was cited in the American Civil Liberties Union (ACLU) letter petitioning the Equal Employment Opportunity Commission (EEOC) to investigate exclusionary hiring practices behind the camera in film. Senator Barbara Boxer also cited Dr. Smith’s work in an open letter that asked entertainment executives to account for their poor track record hiring female directors. In terms of the popular press, Dr. Smith’s research has been written about in The New York Times, Los Angeles Times, fivethirtyeight.com, The Atlantic, The Huffington Post, Newsweek, The Hollywood Reporter, Variety, Wired, and USA Today, to name a few. She has a co-edited essay in Maria Shriver’s book, A Woman’s Nation Changes Everything (2009). In addition to research, Dr. Smith shares solutions on inequality built on research and practices from academia, law, and organizational communication. In 2015, LA Weekly named Dr. Smith the most influential person in Los Angeles.

Twitter – @Inclusionists
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Kalpana Kotagal

Partner, Cohen Milstein Sellers & Toll PLLC

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Kalpana Kotagal is a Partner at Cohen Milstein, a member of the firm’s Civil Rights & Employment practice group, and Chair of the firm’s Hiring and Diversity Committee. Ms. Kotagal plays an active role in the investigation and development of new potential matters for the Civil Rights & Employment practice group.

Ms. Kotagal represents victims of discrimination across industries in high-profile, national class actions. A noted public speaker, Ms. Kotagal is often called on to address issues of employment and civil rights law, class actions, mandatory arbitration, diversity in the workplace. She also speaks regularly to law students and new lawyers. She is currently serving as an advisor to noted filmmakers on a film addressing issues of gender pay disparities.

While in law school, Ms. Kotagal served as law clerk in the Chambers of the Honorable J. Curtis Joyner, Eastern District of Pennsylvania. She served as an Articles Editor of the University of Pennsylvania Law Review.

Prior to joining Cohen Milstein, she served as a law clerk to the Honorable Betty Binns Fletcher of United States Court of Appeals for the Ninth Circuit.

Ms. Kotagal attended Stanford University, where she was a Morris K. Udall Scholar, and graduated with honors with an A.B.B.S. She earned her J.D. cum laude from the University of Pennsylvania, where she was a James Wilson Fellow.

Twitter – @KalpanaKotagal
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Herbert Hovenkamp

Professor of Legal Studies and Business Ethics, Professor of Law at Penn Law; Expert in Antitrust Law and American Legal History, The Wharton School

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Herbert Hovenkamp has been named the University of Pennsylvania’s 21st Penn Integrates Knowledge University Professor, effective July 2.

The announcement was made today by Penn President Amy Gutmann and Provost Vincent Price.

A world-renowned scholar of antitrust law and policy, Hovenkamp will be the James G. Dinan University Professor, with joint faculty appointments in the Law School and in the Department of Legal Studies and Business Ethics at the Wharton School.

“Herb Hovenkamp is an exceptionally influential scholar of international renown who brings wide-ranging expertise at the intersection of law and business to Penn,” said Penn President Amy Gutmann. “He is a prolific highly-cited author whose work informs key decisions in antitrust law and policy. His unique command of complex issues at the global interaction of law, business, patents and innovation will bolster Penn’s acknowledged leadership in these areas, presenting wonderful new opportunities to foster collaboration and integrate knowledge across disciplines. Professor Hovenkamp epitomizes the uniquely collaborative and multidisciplinary skill sets of our PIK professors, and we are thrilled he is joining Penn’s eminent faculty.”

Called “the dean of American antitrust law” by The New York Times in 2011, Hovenkamp received the John Sherman Award from the Antitrust Division of the Department of Justice in 2008, awarded a few times a decade for “outstanding achievement in antitrust law, contributing to the protection of American consumers and to the preservation of economic liberty.” He is currently Ben and Dorothy Willie Professor at the University of Iowa College of Law, where he has taught since 1986, and coauthor of the landmark 21-volume Antitrust Law, which has been cited more than 50 times by the Supreme Court and more than 1,000 times by federal courts.

A Fellow of the American Academy of Arts and Sciences, Hovenkamp has been a Fellow of the Rockefeller Foundation and the American Council of Learned Societies at Harvard Law School, Presidential Lecturer at the University of Iowa and the recipient of the University of Iowa Collegiate Teaching Award. Among more than a hundred articles and a dozen books, his Enterprise and American Law, 1836-1937 (Harvard University Press, 1991) received the Littleton-Griswold Prize of the American Historical Association, and Science and Religion in America, 1800-1860 (University of Pennsylvania Press, 1978) received the Choice Award. He earned a J.D., Ph.D. in American Civilization and M.A. in American literature from the University of Texas following a B.A. from Calvin College and taught from 1980 to 1985 at the University of California Hastings College of the Law.

“Herb Hovenkamp will be a tremendous catalyst for our eminence in antitrust and patent law,” Price said. “He is not only a globally acclaimed scholar but also a renowned teacher and mentor. I am confident that his expertise will have a major impact on our students in law, in business and across the University.”

The Penn Integrates Knowledge program was launched by Gutmann in 2005 as a University-wide initiative to recruit exceptional faculty members whose research and teaching exemplify the integration of knowledge across disciplines and who are appointed in at least two schools at Penn.

The James G. Dinan University Professorship is the gift of James G. Dinan, a 1981 graduate of the Wharton School of the University. Dinan founded York Capital Management, a New York-based investment firm in September 1991 and is the chairman, the chief executive officer and a managing Partner of the firm. He is a University trustee and a member of the Wharton Board of Overseers.
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