Commercial Law & Contracts

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News & Analysis as of May 21, 2013

Will New Marijuana Laws Go Up In Smoke?
Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?
Weekly Brief: Google Antitrust Suit?; Legal Weed; Law Firm Mega-Merger Mania
Appeal Trial Court - What To Do When a Party Loses or is Unhappy with a Decision Made by the Trial Court - Kathi Sandweiss discuss
The Apellate Process Explained - Kathi Sandweiss discusses the appeals process and what it can and can't do for your situation.
Northern Mariana Islands Retirement Fund Files For Bankruptcy

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

April 2013: Life Sciences Litigation Update: Will the Supreme Court Resolve Circuit Split on Settlement of ANDA Disputes?

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/5/2013

On March 25, 2013, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. (Docket No. 12-416). The Actavis case centers around the debate over the type of antitrust analysis that should apply...more

Amici File Briefs Supporting Certiorari in K-Dur Case -- Part II

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/11/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), the Washington Legal Foundation, self-described as...more

Amici File Briefs Supporting Certiorari in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/9/2012

Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), two "public interest" groups have also filed amicus...more

GPhA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 10/4/2012

The Generic Pharmaceutical Association (GPhA) filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Characterizing the issue as being "profoundly...more

Urging Supreme Court Review of Antitrust Challenges to Patent Settlements Between Pharmaceutical Companies

by Dechert LLP on 10/2/2012

Dechert LLP submitted an amicus brief to the Supreme Court of the United States on behalf of the Washington Legal Foundation urging the Court to review the Third Circuit’s decision in In re K-Dur Antitrust Litigation. K-Dur...more

PhRMA Files Amicus Brief in K-Dur Case

by McDonnell Boehnen Hulbert & Berghoff LLP on 9/27/2012

The Pharmaceutical Research and Manufacturer's of America (PhRMA) have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Not surprisingly,...more

Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision's Impact on Federal Claims Makes a...

by Schnader Harrison Segal & Lewis LLP on 9/13/2012

A year ago, the U.S. Supreme Court handed down its ruling in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), which enforced a contractual waiver of class arbitration in an arbitration clause under the Federal...more

Merck Asks Supreme Court to Review Third Circuit K–Dur Decision

by McDonnell Boehnen Hulbert & Berghoff LLP on 8/29/2012

Last month, the Federal Trade Commission accomplished a decade-long goal: getting a Federal Circuit Court of Appeal (the 3rd Circuit) to support its position that so-called "reverse payments" (also known as "pay-for-delay"...more

Third Circuit Provides Friendly Environment for FTC and Plaintiffs Challenging Certain Patent Litigation Settlements

by Bradley Arant Boult Cummings LLP on 8/15/2012

Originally published on The National Law Review. On July 16, 2012, the U.S. Court of Appeals for the Third Circuit announced its decision in In Re K-Dur Antitrust Litigation, a case involving so-called "reverse payment"...more

Third Circuit Breathes New Life into FTC Efforts to Block Pharmaceutical Patent Settlements

by Wilson Sonsini Goodrich & Rosati on 7/25/2012

The antitrust debate over the legality of "reverse payment" or "pay-for-delay" pharmaceutical patent settlements has raged on for over a decade. Last week's K-Dur decision has pushed this debate to the boiling point, as the...more

Second Circuit Refuses to Review Decision That Class Action Waiver in Arbitration Agreement is Unenforceable

by Loeb & Loeb LLP on 6/15/2012

The Second Circuit has refused to grant enbanc (full court) review of its earlier decision barring the enforcement of class action waiver provisions in business arbitration agreements involving federal statutory claims. The...more

Second Circuit Splits with Ninth Circuit on Enforcement of Class Action Waivers

by Ballard Spahr LLP on 5/30/2012

The U.S. Supreme Court may be asked to revisit the issue of class action waivers in arbitration agreements now that the U.S. Court of Appeals for the Second Circuit has refused to reconsider its February 1, 2012, decision in...more

Kansas Supreme Court Declares "Rule of Reason" Inapplicable to Kansas Antitrust Law; Legislature May Have a Different Idea

by Sheppard Mullin Richter & Hampton LLP on 5/25/2012

In Leegin Creative Leather Prods., Inc. v. PSKS, Inc., 551 U.S. 877 (2007), the U.S. Supreme Court expressly overruled the categorical ban on vertical price fixing agreements that had existed for nearly a century prior. See...more

Will Corporate America Say “We’re Not in Kansas Anymore” After The Kansas Supreme Court’s Antitrust Decision in O’Brien v. Leegin?

by Dickinson Wright on 5/25/2012

In 2007, the Supreme Court overturned almost one hundred years of settled antitrust precedent by declaring that retail price maintenance (“RPM”), the practice by which a manufacturer attempts to dictate the resale price of...more

Using Federal Antitrust Law To Void Class Action Waivers

by Zelle Hofmann Voelbel & Mason LLP on 5/15/2012

Originally published in Competition Law360 on May 15, 2012. Last year, in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), the U.S. Supreme Court held that the so-called “collective arbitration waivers” (also...more

Recent Second Circuit Decision Invalidating Class Action Waiver Highlights Actions by Lower Courts to Limit and Distinguish AT&T...

by Mintz Levin - Antitrust on 2/22/2012

The Supreme Court’s decision in AT&T Mobility, LLC v. Concepcion, which upheld the validity of class arbitration waivers in consumer contracts, was initially viewed as a serious blow to the continued viability...more

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