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Antitrust Policy

Associations, such as Cyber Counsel Group Inc. (“Cyber Counsel”), although well recognized as valuable tools of American society, are subject to strict scrutiny by both federal and state governments. While such scrutiny should not prevent participation in, and support for, an association, members and others should be aware of, and comply with, certain relevant legal principles. Compliance with these laws does not prevent associations and their members from lawfully engaging in a wide variety of group activities, as long as the purpose or intended effect of the activities is promotion of an industry as a whole, and not to gain a competitive advantage over non-members.

Accordingly, in order to minimize the possibility of antitrust concerns, Cyber Counsel requires its members, meeting attendees, website users, officers, directors, committee and task force members, employees, agents and anyone using its technology (such as its online community, social media accounts, collaboration tools and listservs) to abide by the terms of this Antitrust Policy.

  1. Adhere to Cyber Counsel's Antitrust Policy in all meetings and discussions related to the organization's business. This includes Board of Directors meetings, membership meetings, committee meetings, task force meetings, and other gatherings.
  2. Obtain written authorization from Cyber Counsel before speaking or acting on behalf of the organization.
  3. Direct all public statements, position-taking (public or private), and responses to public or private inquiries on behalf of Cyber Counsel to the Board of Directors for approval.
  4. Ensure all committee and task force activities stay within their authorized scope, and all correspondence aligns with the organization's Antitrust Policy. Recommendations for actions outside this scope must be presented to the Board of Directors for approval.
  5. Do not discuss any topics that could be perceived as price-fixing or having a market effect at both formal and informal Cyber Counsel meetings (virtual or live). This includes discussions about billing rates, fees, prices, costs, discounts, terms of sale, profit margins, wage levels, and market allocation.
  6. Do not conduct surveys about fees, wages, billing rates, benefits, compensation, or other economic matters without authorization from the Board of Directors. Such surveys require an assessment of potential antitrust concerns and compliance with relevant guidelines.
  7. Refrain from restricting or prejudicing competitors from membership or illegally discriminating against non-members. This includes avoiding:
    • Restrictions on interactions with non-members.
    • Exclusion of qualified individuals from membership.
    • Unfair limitations on access to association information.

Cyber Counsel is a member-run organization. It is important that every member and agent of Cyber Counsel abide by this Antitrust Policy and remember that the association can be held liable for the illegal actions of its members and agents.

Become a member

If you are an in-house lawyer, who covers cybersecurity issues at your organization, join the Cyber Counsel Group today and become part of a vibrant professional community. Access exclusive resources, events, networking and professional development opportunities.

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