News & Analysis as of

Office Depot

Blowing the Whistle on Willful Misconduct: California Court holds that False Claims Act Suits Are Uninsurable Due to Public Policy

by Carlton Fields on

Willful misconduct is uninsurable. It is a fundamental principle of insurance, and it makes sense to both the lay and the lawyerly. But few states go as far as to codify this principle in the insurance code. California is an...more

Attempt to Block Unclaimed Property Gift-Card Audit Again Rejected by Delaware Federal Court

Marking its second decision on the issue, the Delaware federal district court has held that the U.S. Supreme Court’s priority rules governing the distribution of unclaimed property among competing states do not apply to...more

Federal Court Holds California Insurance Code Bars Duty to Defend Against False Claims Act Violations

by Carlton Fields on

The Central District of California held that Section 533 of the Insurance Code eliminated any potential for coverage for suit under the state False Claims Act. On January 4, the U.S. District Court for the Central...more

2016 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2016 Antitrust Year in Review. In this report, we summarize the most significant antitrust matters and developments of the past year. We begin with a look at the...more

Court Finds that False Claims Act Suit Alleges Uninsurable “Willful Acts”

by Carlton Fields on

A federal court has ruled that a whistleblower suit under California’s False Claims Act alleged a “willful act” that cannot be covered by liability insurance. In Office Depot Inc. v. AIG Specialty Insurance Company, Case...more

Lessons Learned from the Staples/Office Depot Merger Challenge

by Pepper Hamilton LLP on

Companies contemplating mergers should review the effect of the transaction on each customer type, application and product, not just on the broad customer base. The U.S. District Court for the District of Columbia...more

FTC Blocks Merger Between Staples and Office Depot

by Perkins Coie on

A federal court in Washington, D.C. issued an order blocking Staples' acquisition of Office Depot on the grounds that it would substantially lessen competition in the sale of consumable office supplies to national business...more

FTC Blocks Staples’ Acquisition of Office Depot

by Goodwin on

After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more

"Staples-Office Depot Mergers, 1997 v. 2016: Changed Industry, Same Result"

On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its...more

FTC Records Two Wins as Staples-Office Depot Merger Abandoned for a Second Time

by Shearman & Sterling LLP on

On May 10, Staples and Office Depot announced that they would be terminating their $6.3 billion merger in the wake of a federal judge’s decision to issue a preliminary injunction blocking the deal. This represents the second...more

"Judge Grants Preliminary Injunction, Staples-Office Depot Call Off $6.3 Billion Deal"

On May 10, 2016, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia released his highly anticipated decision in the matter of Staples’ acquisition of Office Depot, granting the Federal Trade...more

Four Takeaways from Staples-Office Depot Merger Block

After last month’s bench trial, Judge Emmet G. Sullivan has granted the FTC a preliminary injunction enjoining the merger between Staples and Office Depot. As a result, the companies have decided to end their efforts to...more

April Antitrust Bulletin

by McGuireWoods LLP on

FTC Files No-AG Suit Against Pharmaceutical Companies - On March 30, 2016, the Federal Trade Commission (FTC) filed a complaintin the U.S. District Court for the Eastern District of Pennsylvania against several drug...more

Staples Closes Defense, Calls No Witnesses in Merger Trial Brought by FTC

Yesterday, Staples closed its defense in the case brought by the Federal Trade Commission (FTC) to block the Staples-Office Depot merger—without calling any witnesses. (We covered the first week of the trial here.) Judge...more

Three Things to Watch after One Week of the Staples-Office Depot Merger Trial

On Monday, Staples and the Federal Trade Commission began presenting arguments in the D.C. District Court on whether the FTC should be entitled to a preliminary injunction to halt a potential merger between Staples and Office...more

"Antitrust and Competition: Trends in US and EU Merger Enforcement"

Merger activity in 2015 was at its highest level in years, and competition authorities in the U.S. and European Union continued to be very aggressive, challenging a number of high-profile deals in court and causing some...more

IP Newsflash - January 2016

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

Breaking News: FTC Rejects Staples’ Proposed Divestiture in Office Depot Merger

As we previously reported, the FTC recently filed suit to challenge Staples’ $6.3 billion bid for Office Depot. In response to the FTC’s challenge, Staples offered to divest up to $1.25 billion in commercial contracts to...more

FTC Moves to Halt Merger Between Staples and Office Depot

The Federal Trade Commission (FTC) last week challenged Staples’ $6.3 billion bid for Office Depot, claiming that the proposed merger would significantly reduce competition nationwide in the market for office supplies to...more

Antitrust Considerations in M&A: How Documents Can Come Back to Haunt You

by Goodwin on

Earlier this week, the Federal Trade Commission (“FTC”) sued to block Staples’ acquisition of Office Depot, the same day that General Electric withdrew from its agreement to sell its appliance unit to Electrolux due to a...more

"DOJ Scores as Electrolux and General Electric Abandon Deal; FTC Challenges (Again) Staple’s Proposed Acquisition of Office Depot"

December 7, 2015, was an eventful day for U.S. antitrust enforcement agencies. The Department of Justice achieved a high-profile win when General Electric Co. decided to abandon the proposed sale of its appliance unit to...more

Empowering Customers to Sell an Exonerated Accused Product - Speedtrack Inc. v. Office Depot, Inc.

by McDermott Will & Emery on

In a decision that expands a customer’s right to defend itself under the Kessler doctrine, the Federal Circuit clarified that a customer is not subject to liability for a product that has already been cleared of patent...more

Office Depot Agrees to Pay $3.4 Million CPSC Civil Penalty

by Kelley Drye & Warren LLP on

On May 27th, the Consumer Product Safety Commission (“CPSC”) announced that Office Depot agreed to pay a $3.4 million civil penalty for allegedly failing to report potential safety issues for two models of office chairs....more

Office Depot Agrees to Pay $68.5 Million to Settle California FCA Claims

A California judge approved a $68.5 million settlement yesterday to resolve allegations that Office Depot violated the California False Claims Act (CFCA) by overcharging California public entities for office and classroom...more

Office Depot Agrees to Pay $475,000 To Settle NY AG’s False Claims Act Investigation

The Office of New York Attorney General Eric T. Schneiderman recently announced a $475,000 settlement with Office Depot to resolve allegations that Office Depot overcharged New York state agencies for office supplies. Office...more

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