Trial by Jury: Why It Matters in a Democratic Society
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Fighting for Education Rights: Equal Justice for Pregnant and Parenting Students
Combining Arms for Justice-Involved Veterans
A Moment of Simple Justice - Cameras on Cops
A Moment of Simple Justice - Ferguson
A Moment of Simple Justice - Revenge Porn
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
SOX Whistleblower Protections Extend to Private Companies: Critical Steps to Take Now
A More Perfect Union: Why Punish Russia for Crimea?
Jail Time for Revenge Porn Offenses?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
Bill on Bankruptcy: Madoff Victims Rooting for Stanford Victory
Bill on Bankruptcy: Listening in the Dark at the NCBJ
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
Bill on Bankruptcy: Detroit Shows Need for Amending Bankruptcy Law
On the day before Thanksgiving—less than two weeks after oral argument—the Seventh Circuit issued its ruling on Motorola’s interlocutory appeal in Motorola Mobility LLC v. AU Optronics Corp., affirming dismissal of the vast...more
“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...more
In a decision upholding most of the class action antitrust claims against 12 of the world’s largest financial institutions, Judge Cote of the Southern District of New York held that the plaintiffs had standing and alleged...more
Commercial and Noncommercial Inextricably Intertwined Speech -
The Bolger court found that the mailings constituted commercial speech “notwithstanding the fact that [informational pamphlets]...more
On Sept. 22, 2014, the U.S. District Court for the Northern District of California issued an important opinion regarding antitrust standing in Los Gatos Mercantile, Inc. v. E.I. DuPont de Nemours & Co. (DuPont), No....more
On July 24, 2014, the district court in Animal Sci. Prod., Inc. et al. v. China Nat’l Metals & Minerals Imp. and Exp. Corp. et al., Case No. 2:05-cv-04376 (D.N.J.), dismissed direct purchaser plaintiff’s Amended Complaint...more
Last week, on April 8, 2014, the District Court for the Eastern District of Michigan dismissed the remaining claims of indirect purchaser plaintiffs (IPPs) in the ongoing Refrigerant Compressors litigation. In re:...more
This blog has been analyzing for more than four years legal disputes over whether the U.S. Department of Commerce (“Commerce”) may apply countervailing duties (“CVDs”) to imports from non-market economies (“NMEs”),...more
In In re: Lithium Ion Batteries Antitrust Litigation, 2014 U.S. Dist. LEXIS 7516 (N.D. Cal. Jan. 21, 2014) (Gonzalez Rogers, J.), the Northern District of California largely rejected a motion to dismiss an antitrust...more
A well-known “patent assertion entity” (PAE), MPHJ Technology Investment LLC, filed a declaratory judgment suit against the Federal Trade Commission (FTC) and its Commissioners for the agency’s alleged “threats to bring...more
The City of San Jose, California, entered into an option contract to lease land to the Oakland A’s, a Major League Baseball (“MLB”) club, for the construction of a new stadium. The land was within the exclusive territory of...more
Attorney Bruce Sokler, Chair of Mintz Levin's Antitrust Practice, discusses the Supreme Court’s first ever health care antitrust merger decision and its implications for the future. ...more
We use the same methodology, that Ecofin-Oecd apply for projecting expenditure in the medium-long term, to reconstruct expenditure in the medium-long past.
It is possible to compare the effective expenditure with the...more
In Somers v. Apple, Inc., Case No. 11-16896 (9th Cir. Sept. 3, 2013), the Ninth Circuit affirmed the district court’s dismissal of a putative class action against Apple, Inc., alleging antitrust violations in connection with...more
On June 7, 2013, the U.S. Department of Justice (DOJ) as well as the four major professional sports leagues and the National Collegiate Athletic Association (NCAA) filed their briefs in the U.S. Court of Appeals for the Third...more
Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...more
In This Issue:
- A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’
- Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case
- 7th Circuit...more
In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit...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
In This Issue:
FTC, CFPB Target Mortgage Ads; FTC Working on Data Collection "Nutrition Label"; Suit Filed Over "Giant Soda" Ban; Red Light: Hyundai, Kia Face Suits Over Fuel Estimates; Does California's Credit Card Law...more
Originally published in Competition Law360 on September 13, 2012.
Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more
In a nutshell, you need to pay attention to antitrust standing doctrine because the doctrine has real teeth and can result in dismissal of claims.
That’s what the plaintiff in Static Control Components, Inc. v. Lexmark...more
The Ninth Circuit unanimously affirmed a grant of summary judgment for defendants in an antitrust suit involving alleged price-fixing of ATM fees, holding that the plaintiffs were indirect purchasers within the meaning of...more
In In re: ATM Fee Antitrust Litigation, No. 10-17354 (9th Cir. July 12, 2012), the Ninth Circuit ruled that consumers (ATM cardholders) could not challenge ATM fees paid by ATM card issuing banks to the owner of the ATMs...more
Yesterday, in Minn-Chem, Inc. v. Agrium Inc., No. 10-1712, the en banc 7th Circuit addressed the Foreign Trade Commerce Antitrust Improvements Act (“FTAIA”) in the context of an alleged worldwide scheme to fix potash prices...more
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