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WHAT’S NEXT AFTER NC DENTAL BOARD? WEDNESDAY, APRIL 1, 2015 1:00 PM ET/NOON CT/ 11:00 AM MT/10:00 AM PT.

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Presentation on theme: "WHAT’S NEXT AFTER NC DENTAL BOARD? WEDNESDAY, APRIL 1, 2015 1:00 PM ET/NOON CT/ 11:00 AM MT/10:00 AM PT."— Presentation transcript:

1 WHAT’S NEXT AFTER NC DENTAL BOARD? WEDNESDAY, APRIL 1, 2015 1:00 PM ET/NOON CT/ 11:00 AM MT/10:00 AM PT

2 What’s Next After NC Dental Board? Presented by the State and Local Legal Center Featuring Hashim Mooppan, Jones Day

3 About the Webinar Type your questions in anytime A recording of the webinar will be available on the SLLC’s website following the webinar The views expressed in this webinar do not necessarily reflect the views of the SLLC member groups

4 About the SLLC Members: National Governors Association National Conference of State Legislatures Council for State Governments National Association of Counties National League of Cities U.S. Conference of Mayors International City/County Management Association Associate members: International Municipal Lawyers Association and Government Finance Officers Association

5 About the SLLC Since 1983 the SLLC has filed over 300 briefs The SLLC will file 12 briefs before the Supreme Court this term The SLLC is a resource for Big Seven members on the Supreme Court— this webinar is an example

6 About our Speaker Hashim Mooppan, is a partner with Jones Day in Washington DC He argued this case before the Supreme Court on behalf of the Dental Board

7 Overview of Case Background Legal issues Lower court rulings

8 Arguments The Dental Board’s arguments FTC’s arguments

9 Decision Majority view of the case Dissent view of the case

10 Unanswered Questions Controlling number of market participants Active market participants On and on…

11 Three Choices for Complying Don’t put a controlling number of market participants on a board Actively supervise the board Forgo state action immunity

12 Precedent in Trouble? Municipalities don’t have to be actively supervised (Hallie v. Eau Claire) Proper use of state regulatory authority doesn’t matter (Columbia v. Omni Outdoor Advertising)

13 State Action Doctrine in Trouble? FTC’s plan to weaken the state action doctrine FTC v. Phoebe Putney Health System

14 What’s Next for the State Action Doctrine?

15 April 1, 2015 Questions? Contact: Hashim M. Mooppan Partner Jones Day (202) 879-3450 hmmooppan@jonesday.com hmmooppan@jonesday.com Lisa Soronen Executive Director State & Local Legal Center Phone: (202) 434-4845 Email: lsoronen@sso.orglsoronen@sso.org


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