Civil Procedure Antitrust & Trade Regulation Business Torts

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Private Antitrust Damage Actions in China: An Emerging Force?

China has emerged as a global power in merger review with surprising speed. Does the surge in private antitrust litigation suggest a similar pattern? Introduction - This Client Alert provides a general description...more

Second Circuit: Aluminum End Users Lack Antitrust Standing; Price Manipulation Claims Against Traders and Warehouses Foiled

Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation...more

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s...more

[Webinar] Developments in the LIBOR antitrust MDL case - August 23rd, 12:30pm CST

You’re invited to join Stacey Slaughter (Partner) and Geoffrey Kozen (Associate), members of the Robins Kaplan LLP Business and Litigation group for a live webinar. Stacey and Geoffrey will provide and track basic information...more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Michigan Supreme Court Holds That the Federal “Rule of Reason” Applies in Evaluating the Enforceability of Noncompete Agreements...

The Michigan Antitrust Reform Act (MARA) contains a specific provision, MCL 445.774a, that governs the enforceability of noncompete agreements between employees and employers. MARA does not, however, provide standards for...more

Advertising Law - June 2016 #4

FTC Shuts Down Scam Touting Aid for Disabled Individuals - A telemarketer faces a Federal Trade Commission ban on claims that the sales of products would help disabled individuals....more

Competition News - June 2016

The Paris Court of Appeal compromises the lawfulness of selective distribution networks - Only a few months after its decision rendered in the Caudalie case (see our April Newsletter), the Paris Court of Appeal adopts,...more

First Circuit Affirms FTC Social Media Order: Jerk.com users Jerked Around By Material Misrepresentations

In Fanning v. Federal Trade Commission, the First Circuit affirmed a summary decision of the Federal Trade Commission (FTC), which found that Jerk LLC, the operator of Jerk.com, materially misrepresented both the source of...more

Advertising Law - March 2016 #3

New in False Advertising Lawsuits: Security Systems and Oatmeal - Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more

An Honest Struggle to Advertise "Natural" Products

On February 12, 2016, two consumers brought a proposed New York state class action lawsuit against The Honest Company, Inc., a personal care products company co-founded by actress Jessica Alba. The lawsuit alleges that The...more

Is "Plausibility" a Rorschach Test? The Fourth Circuit's Divided Opinion on Twombly's Motion to Dismiss Standard

A recent Fourth Circuit cases demonstrates the inherently subjective nature of the "plausibility" standard used to evaluate a motion to dismiss under Rule 12(b)(6). This standard, first articulated by the Supreme Court in...more

FTC Wins Lawsuit Over Its Robocall Contest

In 2012, the FTC sponsored a contest in which it invited contestants to submit their best solutions to block robocalls. After reviewing almost 800 entries, the FTC announced two winners. As we posted previously, though, one...more

Texas Court Holds No Duty to Defend Claims of Monopolistic Practices

In its recent decision in Uretek United States v. Cont’l Cas. Co., 2015 U.S. Dist. LEXIS 18610 (S.D. Tex. Feb. 17, 2015), the United States District Court for the Southern District of Texas had occasion to consider a general...more

Helpful Treatises on Unfair and Deceptive Acts and Practices

Someday, you’ll have an issue under N.C. Gen. Stat. § 75-1.1 that needs in-depth research—perhaps comparisons to similar bodies of law in other jurisdictions. Diving straight into the hundreds of court decisions under section...more

The EU Directive on Antitrust Damages Actions

In This Issue: - Proof of the Competition Law Infringement - Measure of Damages and the “Passing-On” Defence - Disclosure of Evidence - Limitation Periods - Joint and Several Liability and Contributions...more

Competition Act Tort Claims Still Viable: Fairhurst v Anglo American PLC

Can indirect purchasers claim damages in tort for breaches of the Competition Act? This was one of the issues before the British Columbia Supreme Court in Fairhurst v Anglo American PLC, 2014 BCSC 2270. Madam Justice Brown...more

Georgia Court of Appeals rules franchisees can assert claims for relief under Georgia’s tort statute for violating the FTC...

The Georgia Court of Appeals recently upheld a judgment entered on a jury verdict against a franchisor for violating the Federal Trade Commission’s Franchise Rule, 16 CFR Parts 436 and 437 (the FTC Rule), finding that the FTC...more

Judge Upholds Poaching Claims in Pharmaceutical Data Antitrust Case

On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with...more

Rule of Reason and Market Power

DSM Desotech Inc. v. 3D Systems, Inc. - Applying the laws of the U.S. Court of Appeals for the Seventh Circuit in an appeal that no longer contained a patent claim, the U.S. Court of Appeals for the Federal Circuit...more

Anti-trust Liability: Lessons from Goldman Sachs

In April we witnessed The European Commission impose a fine of €37.3 million directly on Goldman Sachs, holding the investor partly responsible for participation by its former portfolio company, Prysmian, in a cartel it ran...more

Business Court Judges Explain Section 75-1.1

In my research for this blog, I recently found a June 2006 presentation on section 75-1.1 by Judges Al Diaz and John Jolly. This presentation occurred when Judge Diaz and Judge Jolly were serving together on the North...more

Advanced Topics Under Section 75-1.1

Last year, I spoke on section 75-1.1 at a CLE program sponsored by the Antitrust and Complex Business Disputes Section of the North Carolina Bar Association. In the presentation, I addressed three perennially...more

Fee Shifting Bylaw Facially Valid Under Delaware Law

On May 8, 2014, Delaware Supreme Court, en banc, answered four questions of law certified to it by the U.S. District Court for the District of Delaware and upheld the facial validity of a fee shifting provision in a Delaware...more

An NPE Settles with New York, Sues FTC

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

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