Stephen Safranski

Stephen Safranski

Robins Kaplan LLP

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All Eyes on Woodman’s: Bulk Packaging as Promotional Services Under the RPA

Manufacturers of goods and their attorneys are keeping close watch on the case developing between Woodman's Markets and Clorox. At issue is a manufacturer's ability to use large-packaged goods to work around the price...more

7/14/2015 - Bulk Purchasing Clorox Fred Meyer FTC Manufacturers Price Discrimination Robinson-Patman Act

The Price Intelligence Sweet Spot: Safe Data Exchange Standards to Keep You in the “Safety Zone”

In a highly competitive marketplace, access to price intelligence is an increasingly vital asset for retailers and manufacturers of all kinds of consumer goods and services. Many price intelligence tools allow companies to...more

12/23/2014 - Anti-Competitive Antitrust Provisions Data-Sharing FTC Manufacturers Retailers

A Five-Step Recipe for Managing Your “Natural” Litigation Risk

The past five years have brought a deluge of class actions challenging the way in which the word “natural” is used on food and beverage labels. Perhaps predictably so, this litigation phenomenon resulted from the convergence...more

7/15/2014 - Corporate Counsel FDA Food Labeling Food Safety Risk Management USDA

“Plausibility” and the Non-Conspiracy Elements of Antitrust Claims

In Bell Atlantic Co. v. Twombly, the Supreme Court injected a “plausibility” standard into Rule 12(b)(6) for claims asserting an alleged antitrust conspiracy. Since then, lower courts, scholars, and practitioners have written...more

6/6/2014 - Affirmative Defenses Antitrust Conspiracies Antitrust Injuries Apple Capital One Class Action Federal Rule 12(b)(6) iTunes Monopolization Plausibility Standard Price Discrimination Sutter Twombly/Iqbal Pleading Standard

The FDA’s “Natural” Reluctance: What it Means for Class Action Lawsuits

A cottage industry of class action litigation recently grown up in the shadow of the FDA’s refusal to define the term “natural” for the purpose of food product labeling. In these class action suits, claimants allege that...more

4/25/2014 - Class Action FDA Food Labeling GMO

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