Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S....more
In June 2021, the Supreme Court reaffirmed in NCAA v. Alston that antitrust claims under Section 1 of the Sherman Act “presumptively” call for rule-of-reason analysis and that only the rare case merits “quick look” or per se...more
7/25/2022
/ Alston v NCAA ,
Class Action ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchises ,
Legitimate Business Interest ,
Legitimate Business Purpose ,
McDonalds ,
No-Poaching ,
Putative Class Actions ,
Restrictive Covenants ,
Rule-of-Reason Analysis ,
Sherman Act
Introduction - A recent confluence of federal antitrust enforcement, state legislation and the Biden administration’s focus on labor markets has prompted many companies to revisit both their antitrust and human resource (HR)...more
A significant new ruling out of the Southern District of New York has ignited the debate over the extraterritorial scope of 28 U.S.C. § 1782. District Judge Jesse Furman on Monday ruled that the statute, which authorizes U.S....more
On Monday, the Second Circuit brought a measure of clarity to the debate about the definition of a domestic injury under the Racketeering Influence and Corrupt Organizations Act (RICO), while also seeming to announce a new...more
The Supreme Court’s opinion in RJR Nabisco, Inc. v. European Community (decided June 20, 2016) limited the extraterritorial reach of the Racketeering Influence and Corrupt Organizations Act (RICO). Now, a recent case out of...more
Those that anticipated a dramatic Supreme Court confrontation over the legitimacy of Richard Cordray as director of the Consumer Financial Protection Bureau (CFPB), and perhaps a nullification of all of the nascent agency's...more