Reseller vs. License By Richard Hsu
A reader who works with clients who sell online asked me to address online distribution restrictions. This is more-or-less the reverse of the question I addressed in “Can My Supplier Refuse to Sell Products to Me?” As...more
In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more
A quick note on a few recent developments suggesting that RP and RPM litigation is not yet dead.
First, on February 2, 2015, a court refused to dismiss claims against Clorox arising from its refusal to sell a small...more
NPR has the story. Under federal law, of course, RPM is subject to the Rule of Reason. Apparently the Senate is interested because a large portion of the contact lens market is subject to the restrictions....more
Our previews of the Illinois Supreme Court's September docket continue with Hartney Fuel Oil Co. v. Hamer, which will be argued this morning in Chicago.
Our detailed summary of the facts and lower court rulings in...more
Most recently, the U.S. District Court of the Central District of California denied a retailer’s motion to dismiss vertical price fixing claims filed under the state’s Cartwright Act and Unfair Competition Law....more
Richard Hsu, a technology transactions and intellectual property partner in the Mergers & Acquisitions Group at Shearman & Sterling, discusses the difference between a reseller or distributor agreement with a technology...more
Two recent decisions in a California federal court case highlight the rocky shoals a supplier must navigate to control the prices charged by the resellers of its products without violating antitrust laws....more
I. Introduction -
Over the past decade, a paradigm shift has been occurring in the capital markets that has opened a new panoply of options for security holders desiring liquidity.
Originally Published in...more
One reason to buy physical books and music CDs rather than Kindle books and iTunes files is that when you own a physical copy of the book or music CD, you can lend it to friends. You could also, if you chose, sell your copy....more
On January 8, 2013, a Minnesota federal district court granted summary judgment in favor of a policyholder who sought coverage from its commercial general liability insurer for contract damages stemming from the recall of...more
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