General Business Business Torts Antitrust & Trade Regulation

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Merger Discussions & Non-Compete Agreements: A Recent Case from the EDNY

A recent case out of the Eastern District of New York raises interesting questions about the use of non-compete agreements in connection with merger talks. Let’s take a look: Calico Cottage, Inc. is a New York company...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

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

The Law Of Unfair Trade Practices

“The ACC” stands for more than a sports league. It’s also the Association of Corporate Counsel. In February of this year, I gave a talk to the RTP Chapter of the organization on the law of unfair trade practices. The...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

Amicus Decries “Tortification” Of Contract Law

In For Executives, This May Have Been The Most Frightening Holding Of 2013, I wrote about the Court of Appeal’s decision in Asahi Kasei Pharma Corp. v. Actelion Ltd., 222 Cal. App. 4th 945 (2013). Readers may recall that...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

Antitrust Bulletin - Vol. 5, No. 1

In this Issue: - New Developments - U.S. Supreme Court Will Decide Whether Patent Agreements That Postpone the Sale of Generic Drugs Violate Antitrust Laws - Direct Purchasers Have Standing to Bring Antitrust...more

The Way to San Jose: Not Through Federal Court

Frustrated with the inability of the Oakland Athletics to commit to relocate to San Jose in the face of the territorial objections of the San Francisco Giants – and by the failure of Major League Baseball (MLB) to bring the...more

Focused On Franchise Law - October 2013

FRANCHISOR 101: PRINCIPALS NOT LIABLE UNLESS THEY PARTICIPATE IN FRAUD - In Sig, Inc. v. AT&T Digital Life, Inc., a federal district court in Miami held that the principal officers of a home and business security and...more

What Happened to the Libor Scandal?

No longer headline news, you may be wondering… “What happened to the Libor scandal?” Answer: It is not gone, and the residual effects remain unresolved. To date, at least a dozen international banking institutions still face...more

Non-Practicing Entity Sued Under RICO for Bringing Allegedly Frivolous Patent Infringement Cases

A company that has filed a series of cases alleging infringement of a patent has found itself named as a defendant sued under the federal Racketeering and Corrupt Organizations Act (RICO). The case, FindTheBest.com, Inc. v....more

California Supreme Court Creates New Penalty For First Party Bad Faith Claims Handling

The California Supreme Court in its recent decision in Zhang v. Superior Court, 2013 Cal. LEXIS 6520 (August 1, 2013), considered whether alleged bad faith in handling a first party claim could support a cause of action...more

Florida District Court Orders Disgorgement Of Profits From Unfair, Deceptive Online Payday Loan Referral Practices

On July 18, the U.S. District Court for the Middle District of Florida held that an online payday loan referral business engaged in unfair and deceptive billing practices and failed to provide adequate disclosures to its...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

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

FTC Order Against Fraudulent Payment Processor Joins Growing List of Regulatory Actions Involving Third Party Service Providers

Following on the heels of significant regulatory actions by the Consumer Financial Protection Bureau, Federal Reserve, and the FDIC against regulated companies and their third-party service providers, the Federal Trade...more

Risk Management (March 2013) - The New Rules of Consumer Protection: Six Steps for Banks to Manage Third-Party Compliance Risk

Financial services firms now routinely contract outside companies to market new services that these institutions did not develop internally, such as investment and insurance options. More than ever, third parties are...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...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

Alaska Supreme Court Broadens Scope of Unfair Trade Practices Liability for Businesses’ Representations Concerning Their Goods

On March 30, 2012, the Alaska Supreme Court significantly expanded the scope of Alaska’s Unfair Trade Practices Act (“UTPA”) in a manner that will increase the risk of liability for businesses that make representations about...more

FTC Announces First Actions Against Auto Loan Modification Schemes

On April 4, the FTC released complaints filed recently against two operations allegedly engaged in deceptive auto loan modification schemes. According to the FTC, the two companies and several related individuals instructed...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

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