News & Analysis as of

Competition Summary Judgment

FordHarrison

Federal District Court Blocks FTC's Noncompete Rule

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Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more

Winstead PC

Federal Court Denies Summary Judgment On Breach Of Fiduciary Duty Claim Against Former Employee

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In Eho360 LLC v. Opalich, an employer sued its former employee for breaching fiduciary duties and other related claims regarding the former employee setting up a competing business. No. 3:21-CV-0724-B, 2023 U.S. Dist. LEXIS...more

McDermott Will & Emery

Bulletin Concurrence VI - Paris │ Octobre ● Novembre ● Decembre 2022

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1. CONTENTIEUX - ACTION EN FOLLOW-ON : ABSENCE DE RÉPARATION POUR LES SOCIÉTÉS DU GROUPE COLAS DANS L’AFFAIRE DU CARTEL DES CAMIONS - Dans un jugement remarqué du 27 octobre 2022, le tribunal de commerce de Lyon a...more

McDermott Will & Emery

Bulletin Concurrence IV - Paris │ Avril ● Mai ● Juin 2022

McDermott Will & Emery on

1. CONTENTIEUX - PREMIÈRE DÉCISION D’ENGAGEMENTS DE META - Par une décision du 16 juin 2022, l’Autorité de la concurrence (ADLC) a rendu obligatoires les engagements proposés par Meta, qui marquent, à notre connaissance, ...more

McGlinchey Stafford

The Bullet Point: A Commercial Law Bulletin - When can a non-party enforce a forum selection clause?

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The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. v. AMN Healthcare, Inc. affirmed the grant of summary judgment in favor of AMN, finding that the...more

McDermott Will & Emery

Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting...

McDermott Will & Emery on

A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the...more

Fenwick & West LLP

Storage of Confidential Information on Executive’s Personal Devices Impedes Trade Secret Protection

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The U.S. Court of Appeals for the Eleventh Circuit considered the oft-litigated issue of what constitutes reasonable efforts to maintain secrecy of a claimed trade secret in Yellowfin Yachts v. Barker Boatworks, a case...more

Lewitt Hackman

FRANCHISEE 101: Cannabiz Accounting

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Tax service franchisor, H&R Block, was recently vindicated in having terminated a franchisee for violating an in-term non-compete covenant. A United States District Court granted the franchisor summary judgment in Devore v....more

Holland & Knight LLP

Food and Beverage Law Update: June 2018

Holland & Knight LLP on

Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Patterson Belknap Webb & Tyler LLP

Cert Petition Asks How Far Does the Noerr-Pennington Doctrine Extend?

On February 28, 2018, the Puerto Rico Telephone Company, Inc. (PRTC) filed a petition for a writ of certiorari after its antitrust claims against San Juan Cable LLC (OneLink) were dismissed by the First Circuit Court of...more

Mintz

Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

Mintz on

A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....more

Pierce Atwood LLP

Using Joint Venture Analysis to Limit Antitrust Risks of Energy Sector Collaborations

Pierce Atwood LLP on

In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more

Seyfarth Shaw LLP

Texas Appellate Court Holds Condition Subsequent in Noncompete Agreement Excused Former Employee’s Competitive Activities

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A Texas Court of Appeals affirmed a summary judgment last month in favor of an ex-employee declaring that a noncompete clause in an asset purchase agreement and separate noncompete agreement did not bar him from competing...more

Winstead PC

Court Reverses Summary Judgment On Breach Of Fiduciary Duty Claim Against Corporate Director

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In E&E Serv. & Supply v. Ruddick, a corporation sued a former employee who formed a competing business. No. 11-14-00055-CV, 2016 Tex. App. LEXIS 7514 (Tex. App.—Eastland July 14, 2016, no pet. history). The trial court...more

Foley & Lardner LLP

Auto Parts Distributor Avoids Liability In Robinson-Patman Suit

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On July 19, 2013, the Ninth Circuit affirmed an award of summary judgment to an aftermarket auto parts distributor that had received better prices than a competitor. Gorlick Distribution Centers, LLC v. Car Sound Exhaust...more

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