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In the previous three installments, we discussed how California law addresses contractual clauses that restrict post employment employee mobility and how the Department Of Justice (DOJ) sued and reached settlement with six...more
Relying on the California court’s 1985 Moyes decision permitting anti-raiding provisions, at least six of Silicon Valley’s largest companies agreed to not hire each other’s employees. This collaboration backfired, however,...more
The U.S. Department of Justice (DOJ) recently sued and settled anti-trust violation claims against some of the biggest companies in Silicon Valley. The suit and settlement caught many legal pundits offguard because the...more
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In This Issue: Focus On Employment and Employee Benefits: Recent Developments in Collective Salary Negotiation in China; Anti-Social Media? Managing Social Media Issues in the UK Workplace; Trimming Employee-Related...more
The end of the collective bargaining agreement between a professional sports league and the players association that represents the athletes triggers a series of dominos: The players go on strike, the league implements a...more
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