Benjamin Dryden

Benjamin Dryden

Foley & Lardner LLP

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Latest Publications


For Single-Enterprise Immunity, the Bottom Line May Be Having One Bottom Line

A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically...more

11/7/2014 - Ambulance Providers Healthcare Providers Hospitals Immunity Joint Contracting Joint Plan of Action Right to Control Sherman Act

District Court Upholds FTC Hart-Scott-Rodino Rules for Pharmaceutical Patent Transfers

A federal court has upheld the validity of the FTC’s recent rules for reporting certain transfers of exclusive patent rights in the pharmaceutical industry under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act. We...more

6/27/2014 - Administrative Procedure Act Filing Requirements FTC Hart-Scott-Rodino Act Patent Transfers Patents Pharmaceutical Pharmaceutical Patents PHRMA Reporting Requirements

FTC Uses Its "Unfair Acts" Power to Go After PHI Security Breach

The Federal Trade Commission (FTC) is moving forward with an administrative action against a small medical laboratory that suffered two data security breaches, resulting in its patients’ protected health information falling...more

5/30/2014 - Administrative Priority Clinical Laboratories Cybersecurity Data Breach FTC HIPAA Identity Theft LabMD PHI Popular Section 5 Unfair or Deceptive Trade Practices

A Workflow for Managing Large-Scale Document Reviews

Lawyers don’t like to think of themselves as assembly line workers. It isn’t that legal work is necessarily more complicated than assembly line work. Rather, the reason is that lawyers are trained to be generalists, and as a...more

1/30/2014 - Corporate Counsel Document Review

Hart-Scott-Rodino Thresholds to Increase Further Due to Annual Indexing

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 23, 2014. The thresholds are adjusted annually based upon changes in...more

1/27/2014 - FTC Hart-Scott-Rodino Act Pre-Merger Filing Requirements

New FTC Rules for Exclusive Pharmaceutical Patent Licenses

The Federal Trade Commission (FTC) has issued final rules under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) relating to the transfer of exclusive patent rights in the pharmaceutical industry. These new...more

11/21/2013 - Acquisitions FTC Hart-Scott-Rodino Act Licenses Patents Pharmaceutical The Clayton Act

"Possession, Custody, Or Control" In eDiscovery

Federal Rule of Civil Procedure 34(a) requires litigants to produce documents – including, of course, ESI – so long as those documents are in their “possession, custody, or control.”...more

8/14/2013 - Custody Rule Discovery Document Productions Technology

Auto Parts Distributor Avoids Liability In Robinson-Patman Suit

On July 19, 2013, the Ninth Circuit affirmed an award of summary judgment to an aftermarket auto parts distributor that had received better prices than a competitor. Gorlick Distribution Centers, LLC v. Car Sound Exhaust...more

8/13/2013 - Automotive Industry Commodities Competition Distributors Purchase Price Robinson-Patman Act Summary Judgment

Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the...more

2/20/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hart-Scott-Rodino Act Hospital Mergers Hospitals Inc. SCOTUS State Action Doctrine

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

1/29/2013 - Electronically Stored Information Fourth Amendment Search Warrant

Hart-Scott-Rodino Thresholds to Rise Further Due to Annual Indexing

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) were published in the Federal Register on January 11, 2013. The thresholds are adjusted annually based on changes in...more

1/15/2013 - FTC Hart-Scott-Rodino Act Size of Persons Test Size of Transaction Test Threshhold Requirements

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