Commercial Law & Contracts, Antitrust & Trade Regulation, Labor & Employment Law

View From Proskauer: U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring...

by Jacklina Len | Proskauer - ERISA Practice Center on 4/16/2013

The U.S. Supreme Court recently ruled in Comcast Corp. v. Behrend, 2013 WL 1222646 (U.S. Mar. 27, 2013) that, in order to obtain class certification, plaintiffs carry the burden of establishing not only that they have proof...more

Did You Know…A Sea Change In Class Action Certification

by Veronica Gray | Nossaman LLP on 4/9/2013

In Comcast v. Behrend, a class action case involving how much Comcast charged cable TV subscribers, the United States Supreme Court held that as a prerequisite for certification of a class action, a plaintiff must introduce...more

Big Developments in Class Actions Part 1: a “rigorous analysis” of Comcast Corp. v. Behrend

by Adam Dougherty | Winstead PC on 4/9/2013

In a very pro-employer/business opinion crafted by Justice Scalia, the U.S. Supreme Court rejected class certification for 2 million Comcast subscribers in an antitrust class action in Comcast Corp. v. Behrend, 516 U.S. ___...more

Protecting Your Closely Held Business

by Peter C. Vilmos | Burr & Forman on 3/6/2013

A client recently came to me with a problem lawyers often hear: the client’s family-owned business needed to hire new employees to keep up with the growth. In particular, the company needed additional sales force and...more

The Antitrust Implications of Non-Compete Agreements

by Andrew Bigart, Robert P. Davis, Lisa Jose Fales | Venable LLP on 3/4/2013

The Federal Trade Commission’s (FTC) recent settlement in In the Matter of Oltrin prohibiting use of a geographic non-compete by two companies in the bulk bleach industry is a reminder that the antitrust agencies look closely...more

Mobile App Disclaimers Not Sufficient to Circumvent FCRA Requirements

by Karen H Bromberg | Cohen & Gresser LLP on 1/18/2013

The Federal Trade Commission reached a settlement last week with a mobile app company, its data provider, and their CEO in its first Fair Credit Reporting Act (“FCRA”) enforcement action involving mobile applications. The...more

Bernstein Shur Business and Commercial Litigation Newsletter #22

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 11/29/2012

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

Department of Justice Sues EBay Over No-Poaching Agreement With Intuit

by Kenneth Vanko | Clingen Callow & McLean, LLC on 11/20/2012

Last week, the Department of Justice filed another suit against one of the nation's tech giants for entering into horizontal no-hire agreements. This time the suit is against EBay, and it generally alleges that EBay and...more

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2012

by Proskauer Rose LLP on 10/12/2012

In This Issue: - Exchange Of Employee Wage Information: What Is Permitted Under The Antitrust Laws? - Minn-Chem Maximizes Sherman Act's Reach - The FTC Goes Retro to Win Down South - 7th Circuit Clarifies...more

Preventing Unfair Competition in the Absence of a Noncompete Agreement

by Foley & Lardner LLP on 10/9/2012

A key executive, top salesperson, or high-level engineer is joining a fierce competitor after being exposed to your company’s most confidential and proprietary information and trade secrets. The business leaders are very...more

Ohio's Standard for Malicious Litigation Sounds Familiar

by Kenneth Vanko | Clingen Callow & McLean, LLC on 9/27/2012

I rely entirely on John Marsh of Hahn Loeser to provide details on one of the year's most important competition cases, American Chemical Society v. Leadscope. For this post, the holding is relevant in that it establishes - at...more

Getting A Covenant Not To Compete Case Into The Business Court

by Brooks Pierce on 9/25/2012

Long time readers of this blog know that you can't designate a case limited to a covenant not to compete to the Business Court. That's the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a...more

FTC Uses Creative Remedy to Halt Cardiology Practice Merger: Requires Suspension of Employed Physicians’ Non- Compete Contracts

by Mintz Levin - Antitrust on 8/10/2012

The Federal Trade Commission (FTC) is leaving no stone unturned in its scrutiny of physician acquisitions, as indicated by its recent enforcement action regarding the acquisition of a small cardiology group in Reno,...more

Antitrust Compliance Programs: Time to Recalibrate Your Risk-Benefit Analysis?

by McDermott Will & Emery on 7/19/2012

Recent developments in the global legal landscape point to the inevitable conclusion that having an effective antitrust compliance program in place is now more important than ever. ...more

Healthcare Legal News - May 16, 2012 • Volume 2, Number 4

by Dickinson Wright on 5/16/2012

In this issue: - Private Civil Enforcement Actions Increasing: The Ameritox vs. Millennium Lawsuit By L. Pahl Zinn, and Christian G. Ohanian As healthcare and antitrust enforcement by governmental agencies...more

The UK Bribery Act 2010

by Stuart Miller on 3/19/2012

A presentation on the UK Bribery Act 2010 given to a commercial audience in Almaty, Kazakhstan on 13 March 2012 - event organised by UKTI & the British Embassy....more

Delaware Chancery Court Upholds Arbitration Clause in Employment Agreement

by Katten Muchin Rosenman LLP on 3/8/2012

The Delaware Court of Chancery dismissed several claims in a contract dispute between an employer and its former employee, holding that those claims were subject to the arbitration clause in an employment agreement between...more

Global Automotive Newsletter - February 2012

by Miller Canfield on 2/25/2012

In This Issue: - Economic Development Incentives: Automotive Industry Expansions/Consolidations - Whether considering an expansion or consolidation of an automotive business, the company should always consider economic...more

Employment Law Alert, UK Edition

by Howard Ullman on 2/1/2012

Spring into Action As bonus time looms for many employers, and especially those in the Square Mile, employees start casting around for alternative options in case their variable remuneration doesn't meet their...more

Legal Alert: Class-Action Antitrust Complaint Alleging an Unlawful Employer "No-Poaching" Conspiracy Appears to Have Survived a...

by FordHarrison on 1/27/2012

At a hearing yesterday in San Jose, California, a federal district court judge indicated from the bench that antitrust claims alleging an "over-arching conspiracy" to fix and suppress employee compensation through...more