Restraint of Trade

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Common Pitfalls and Antitrust Compliance Risks with Association-Sponsored Market Research Programs

In This Presentation: - Introduction: - Value of Market Research Programs to Associations - Antitrust Laws Applied to Information Exchanges and Benchmarking – Overview – Recent...more

Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth...more

Non-Compete Agreements Must Be Narrowly Drafted

Erin K. Dailey and Diana Tate Vermeire recently moved for and won dismissal in a case seeking to enforce an overbroad non-compete agreement that constituted an illegal restraint on trade. As the case illustrates, non-compete...more

Non-Compete / Non-Solicit Covenants: Ontario Court of Appeal Provides Guidance on Requirements for Enforceability

The Ontario Court of Appeal’s February 5, 2013 decision in Martin v. ConCreate USL Limited Partnership, 2013 ONCA 72 analyzes the non-competition and non-solicitation covenants applying to a former company President (Martin)....more

The Continuing Saga of Reverse Payment Patent Litigation

In FTC v. Watson Pharmaceuticals, Inc. (Supreme Court No. 12-416), the FTC unsurprisingly filed a merits brief this month again arguing that pay-for-delay (or “reverse payment”) patent settlements are presumptively...more

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