Civil Procedure Antitrust & Trade Regulation Business Torts

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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

LIBOR Going Forward: How Will Dismissal of Antitrust Claims Effect Investigations and Private Claims?

We recently wrote about the dismissal of the plaintiffs’ antitrust claims against banks involved in the LIBOR manipulation scandal for failure to allege an antitrust injury. Since that dismissal, the court has granted...more

In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road Ahead

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations...more

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more

Canadian Government Announces Proposed Amendments to Anticorruption Law

Amendments aim to improve enforcement of Canadian foreign corruption law by expanding jurisdiction, creating a books and records offense, eliminating the facilitation payments exception, redefining "business" and enforcement...more

Bernstein Shur Business and Commercial Litigation Newsletter #24

We are pleased to present the 24th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent decisions addressing the statute of repose for securities fraud claims, the...more

California Supreme Court Allows "Continuous Accrual" Doctrine to Avoid Statute of Limitations for "Unfair" UCL Claim

Seeking to clarify the extent to which the four-year statute of limitations applies to claims under the Unfair Competition Law, Business & Professions Code section 17200 et seq. (the “UCL”), a unanimous California Supreme...more

The Bad Faith Sentinel - August 2012

IN THIS ISSUE: - Texas Court of Appeals: Trial Court Must Sever Breach of Contract and Bad Faith Claims Following an Insurer’s Offer to Settle pages 1 - 2 - Third District Court of Appeals of Florida Holds that...more

ITC Ruling May Presage Return of Sanctions Proceedings

U.S. International Trade Commission (ITC) Administrative Law Judge Thomas B. Pender (ALJ) recently imposed sanctions on Apple due to the intentional misrepresentations of fact in the opening statement and briefing. This sua...more

FTC Files Case Against Tribe-Affiliated Payday Lenders

On April 2, the FTC announced that it filed a complaint in the United States District Court for the District of Nevada against a payday lending operation that allegedly charged undisclosed and inflated fees, and collected on...more

Franchise and Competition Class Actions: Dismissal of Tim Hortons Class Action Is Good News for Franchisors

In a sweeping decision with significant implications for franchise and other vertical distribution arrangements, the Ontario Superior Court of Justice has dismissed a $2 billion franchise and competition class action against...more

D.C. District Court Holds Plaintiff to a Demanding Standard and Denies Class Certification Based on Inability to Establish Common...

The plaintiff filed a class action suit in the District Court of the District of Columbia against the defendant, Whole Foods Market, Inc. (Whole Foods), alleging that Whole Foods had violated antitrust laws by purchasing...more

New York District Court Applies a More Relaxed Standard and Certifies Two Classes in an Antitrust Class Action

Plaintiffs filed a class action suit in the District Court for the Eastern District of New York against Chinese manufacturers (the defendants) of vitamin C, alleging that the defendants violated antitrust laws by engaging...more

Greece Adopts a New Cartel Leniency Programme

On 23 November 2011 the new Greek Leniency Programme was published in the Official Journal of the Hellenic Republic. The new Programme was adopted by a Decision of the Board of the Hellenic Competition Commission ("HCC") on...more

Aftermarket Monopolization Claims Dismissed as Afterthought

Plaintiff Océ North America, Inc. ("Océ") brought an action against a service market supplier for copyright infringement. Defendant MCS Services, Inc. ("MCS") filed a Kodak-style "aftermarket" monopolization counterclaim, in...more

Federal Court Finds Allegations of "Bad Faith" in Sprinkler License Agreements to be "Vox Clamantis in Deserto"

On March 22, 2011, the United States District Court for the Northern District of California entered an order granting defendants The Toro Company's ("Toro") motion to dismiss plaintiff Digital Sun's ("Digital")...more

Moon walking backwards - the Bribery Act comes into force on 1 July 2011

The Bribery Act comes into force on 1 July 2011 Ken Clarke has recently announced that a watered down version of the Bribery Act will come into force on 1 July 2011. The press release trumpets the Bribery Act as "the UK...more

Dixon v. Herman

Appellants' Reply Brief

This reply supports appellants' original brief seeking reversal of summary judgment granted on breach of contract, breach of warranty, deceptive trade practices, and fraud claims arising from the sale of a show...more

Second District Court of Appeal Confirms That Plaintiff Must Prove Reliance When Bringing Misrepresentation Claim Under UCL, FAL...

In the recently issued decision Princess Cruise Lines, LTD v. Superior Court, plaintiffs sued Princess Cruise Lines, Ltd. (“Princess”) over charges added to the price of shore excursions taken during a cruise. They alleged...more

Can a Litigation Settlement Violate the Antitrust Laws?

You represent a widget monopolist, which has achieved an 80% market share through much hard work. Unfortunately, your client’s competitor has accused it of unlawfully monopolizing the market through predatory pricing –...more

Dixon v. Herman

Appellants' Brief

This is an appellate brief seeking reversal of summary judgment granted on breach of contract, breach of warranty, deceptive trade practices, and fraud claims arising from the sale of a show horse. Please see full brief...more

Brescia v. Angelin, the Latest Reported Case Regarding CCP 2019.210 Trade Secret Statements: A More Employer-Friendly Standard

One issue in trade secret litigation is whether a plaintiff has adequately identified the trade secrets it alleges were misappropriated. In California, a plaintiff alleging misappropriation of trade secrets must identify the...more

Locked Out: Plaintiffs Alleging Unfair Competition Claim Relating to "False Origin" of Locksets Failed to Adequately Allege...

False advertising claims under California’s Unfair Competition Law (“UCL”) require plaintiffs to plead and prove injury in fact and a loss of money or property as a result of the alleged violation. Alleged false...more

Rapaport v. Idex Online, Ltd.

Plaintiff's Memorandum of Law in Opposition to IDEX's Motion to Amend and Supplement the Counterclaims and to Compel Production

Plaintiffs (collectively “Rapaport”) submitted this brief in opposition to the motions of defendants-counterclaimants (collectively “IDEX”) to amend and supplement their counterclaims and to compel additional document...more

North American Expositions v. Corcoran

Plaintiff's Special Motion To Dismiss Under Anti-SLAPP Act

Under the guise of a declaratory judgment action, plaintiffs (collectively, “North American”) have brought this SLAPP suit as retribution for defendants (collectively, “Bayside”) speaking out on a highly charged political...more

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