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Getting the Deal Through – Cartel Regulation 2013: Global Overview and United States

Global Overview: Continued aggressive cartel enforcement in 2012 Authorities around the world continued to vigorously enforce cartel law in 2012. Total fines increased in many jurisdictions, and authorities around the...more

A Busy Year in Court: Canadian Competition Law in 2012

2012 was a busy year for Canadian competition litigation, as numerous cases were heard or decided. The Supreme Court of Canada heard three class proceedings cases involving the Competition Act and the Competition Tribunal had...more

European Commission Considers Sector Inquiries as a New Procedural Tool in State Aid Law

The European Commission eyes sector inquiries as a new tool in European State aid law. In European antitrust law Sector inquiries are already successfully employed to detect cartelist activities. This could allow the European...more

Cardoom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

NOTICE OF DEMURRER AND DEMURRER OF DEFENDANT CHRIS FERGUSON, TO PLAINTIFF’S FIRST AMENDED COMPLAINT

Plaintiff’s lawsuit is nothing more than a frivolous and baseless attempt to capitalize on an indictment and civil forfeiture action that is wholly unrelated to the claims alleged. Plaintiff, Cardroom International LLC...more

EU’s Highest Court Rejects Schenker’s Application For Intervention in Air-Cargo Cartel Appeals

The European Court of Justice (ECJ) in Schenker AG v Commission C-602/11 P confirmed on 20 June 2012 a judgment by the General Court rejecting an application by Schenker (a subsidiary of Deutsche Bahn) for intervention in the...more

Ten Things to Do When Your Company Receives a DOJ Grand Jury Subpoena

You have just received notice of a grand jury subpoena duces tecum from the Department of Justice Antitrust Division in connection with a price-fixing investigation. (The likelihood of doing so may be on the rise. In 2008,...more

Criminal Antitrust Update - April 2012

In This Issue: - Industry Scorecard - Case Development – Supreme Court Declines to Hear Foreign Trade Antitrust Improvements Act Appeal - The Impact of the AU Optronics Corp. Convictions Excerpt from Industry...more

European Commission Considers Taking Over Cartel Investigations to Prevent Exploitation of German Law Loophole

Under German law, companies may escape cartel fines by undertaking an internal restructuring. The German competition authority has indicated a willingness to reallocate such cases to the European Commission, which can impose...more

Prosecutorial misconduct stymies Department of Justice in FCPA trials

In a stunning conclusion to the U.S. Department of Justice’s first guilty jury verdict against a corporation under the Foreign Corrupt Practices Act (FCPA), the U.S. District Court, Central District of California...more

The lawyer's smoking gun: insolvency, fraud and privilege

Directors may rely on the company lawyer's confidential advice, only to find it released to prosecutors or regulators by a liquidator. Is that allowed? read on...more

Court Requires DOJ to Disclose Audio Recordings

Judge Paul Borman, District Judge for the Eastern District of Michigan, recently ordered the Department of Justice (“DOJ”) to produce tape recordings to the direct purchaser plaintiffs in the In re Packaged Ice multidistrict...more

Bill Introduced To Secure Reduced Civil Liability For Amnesty Applicants

Three U.S. senators have introduced a bill that would make permanent provisions of the Antitrust Criminal Penalties Enforcement and Reform Act of 2004 (ACPERA) granting reduced civil liability to companies who successfully...more

Proving Conspiracies with Electronically Stored Information

Civil discovery and criminal prosecutions will continue to find text messages, emails or social networking status messages as the smoking gun evidence. Lawyers must consider the broader scope of discovery that includes these...more

Advertising Law - September 3, 2009

IN THIS ISSUE: *Lawsuit Accuses Snapple of Unnatural Ads *BetOnSports Founder Pleads Guilty and Forfeits $43 Million *Court Revives Taster’s Choice Lawsuit *Newsday Rejects Ad Criticizing Cablevision *Regulators and...more