As students depart their college campuses for summer break, the NCAA has no such reprieve on the horizon. Over the past few weeks, the NCAA has settled questions pertaining to backpay for Name, Image, and Likeness (NIL) use...more
6/5/2024
/ Alston v NCAA ,
Class Action ,
College Athletes ,
Colleges ,
Compensation ,
Name and Likeness ,
NCAA ,
Settlement ,
State Law Claims ,
Student Athletes ,
Title IX ,
Universities
The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C. ...more
At the end of January, Attorneys General Jonathan Skrmetti of Tennessee and Jason Miyares of Virginia filed a complaint in the U.S. District Court for the Eastern District of Tennessee alleging that the NCAA’s newest name,...more
2/29/2024
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Antitrust Violations ,
College Athletes ,
Colleges ,
Educational Institutions ,
Name and Likeness ,
NCAA ,
Recruitment Incentives ,
Recruitment Policies ,
State Attorneys General ,
Student Athletes ,
Universities
At the end of January, attorneys general Jonathan Skrmetti of Tennessee and Jason Miyares of Virginia filed a complaint in the U.S. District Court for the Eastern District of Tennessee alleging that the NCAA’s newest name,...more
2/8/2024
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
College Athletes ,
Colleges ,
Football ,
Letters of Intent ,
Name and Likeness ,
NCAA ,
State Attorneys General ,
Student Athletes ,
Universities
A recent rule promulgated by the Federal Trade Commission (FTC) seeks to regulate possibly deceptive practices in automobile sales. Finalized in December, the Combating Auto Retail Scams (CARS) Rule looks to protect...more
The Supreme Court has significantly expanded the possible grounds for personal jurisdiction against corporations, upholding Pennsylvania’s statute requiring foreign businesses registered in the Commonwealth to consent to...more
7/18/2023
/ Constitutional Challenges ,
DaimlerChrysler ,
DaimlerChrysler v Bauman ,
Due Process ,
Fifth Amendment ,
Foreign Corporations ,
Fourteenth Amendment ,
Mallory v Norfolk Southern Railway Co ,
PA Supreme Court ,
Personal Jurisdiction ,
SCOTUS
On Jan. 26, 2023, twenty-four states sued the Department of Labor to block a new rule allowing retirement plans to consider environmental, social, and governance concepts (known as ESG) when administering plan assets. The...more
In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost...more
On May 23, 2022, the Federal Trade Commission (FTC), at the prompting of President Joe Biden, announced that it will launch a civil investigation into the ongoing shortage of baby formula throughout the country. The FTC is...more
Almost one year has passed since the Supreme Court’s unanimous antitrust decision in NCAA v. Alston. That well-publicized decision affirmed the District Court’s rejection of the NCAA’s limits on education-related compensation...more
4/27/2022
/ Alston v NCAA ,
Antitrust Provisions ,
College Athletes ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Franchise Agreements ,
Name and Likeness ,
NCAA ,
Non-Compete Agreements ,
Price-Fixing ,
Putative Class Actions ,
Restrictive Covenants ,
Rule-of-Reason Analysis ,
Student Athletes
On June 21, 2021, in NCAA v. Alston, the U.S. Supreme Court unanimously held that the National Collegiate Athletic Association’s (NCAA) rules limiting education-related compensation that colleges and universities can provide...more
On Dec. 16, 2020, the United States Supreme Court granted certiorari and agreed to review two Ninth Circuit decisions affirming that the National Collegiate Athletic Association’s (NCAA) and several collegiate athletic...more
Attendees at this year’s Spring Meeting may have been surprised by an unexpected panel: an overview of the status of the law related to the legalization of marijuana and antitrust issues facing the nascent industry. However,...more
As has been reported by William McConnell at TheStreet, former FTC Chair Bill Kovacic delivered a frank assessment of the four leading presidential candidates’ antitrust stances at a program sponsored by the Heritage...more
Turing Pharmaceuticals is back in the news over its marketing and distribution of Daraprim, the anti-parasitic drug crucial for treating toxoplasmosis, which can be fatal to patients with compromised immune systems. As you...more
Federal Trade Commission Chairwoman Edith Ramirez recently made statements regarding regulation of the developing “sharing economy” exemplified by on-demand apps and websites such as Uber and Airbnb that connect sellers of a...more
It has been a busy several months for antitrust regulators and the tech giants whose alleged conduct has recently drawn their ire. Just a few weeks ago, Google formally became the subject of a European investigation into its...more
It’s official: on Wednesday, in a formal Statement of Objections, the European Union’s antitrust chief formally accused Google of abusing its dominant position in the web search arena. The European Commission is focused on...more
In Merrimon v. Unum Life Insurance Co. of America, 2014 WL 2960024 (1st Cir. July 2, 2014), the U.S. Court of Appeals for the First Circuit became the third circuit court to approve an insurance company’s use of a retained...more
7/22/2014
/ Class Action ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Insurance Industry ,
Life Insurance ,
Money Judgment ,
Popular ,
Retained Asset Accounts ,
Reversal ,
Self-Dealing
A New York Federal court has certified a class action against Ann Taylor LOFT for violations of the Truth in Lending Act (see Opinion & Order in Kelen v. World Financial Network National Bank, Case No. 12-CIV-5024).
...more
A California federal court has rejected a proposed settlement to a class action over alleged material omissions in Option Adjustable Rate Mortgage Loan documentation (Order Denying Plaintiffs’ Motion for Preliminary...more
In a case with interesting implications for class action practitioners, the Seventh Circuit recently ruled against plaintiff Addison Automatics (Addison) in its attempt to dodge federal court jurisdiction (see Addison...more
In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more
10/16/2013
/ Advertising ,
Clapper v. Amnesty International ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Cookies ,
Google ,
Internet ,
Invasion of Privacy ,
Personally Identifiable Information ,
Putative Class Actions ,
SCOTUS ,
Stored Communications Act ,
Unfair Competition ,
Wiretapping
In a victory for Wal-Mart Stores, Inc., a federal district court judge has refused to certify a Rule 23(b)(3) class in a lawsuit for violation of California’s Song-Beverly Credit Card Act (Cal. Civ. Code § 1747 et...more
In a significant decision for companies that engage in electronic marketing, a New Jersey federal judge certified a 23(b)(3) class claiming violations of the Telephone Consumer Protection Act (“TCPA”; 47 U.S.C. §...more