News & Analysis as of September 21, 2024

Trademarks › Sherman Act

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

Foster Garvey PC on 6/24/2021

“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

The Long Arm of American Enforcement: How Companies Without U.S. Operations Can Still Find Themselves Facing U.S. Law and...

Foley & Lardner LLP on 6/2/2020

...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more

McNees Litigation News - July 2019

McNees Wallace & Nurick LLC on 7/12/2019

SCOTUS Class Action Update: Consumers Get Another Bite at Apple Profits for Alleged Antitrust Violations - On May 14th, in an opinion authored by Justice Kavanaugh, the Supreme Court of the United States gave consumers the...more

Antitrust Case Against BCBS to Continue Under Per Se Standard

Mintz on 12/18/2018

In a long-running antitrust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be...more

Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

Shumaker, Loop & Kendrick, LLP on 9/11/2018

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Orrick, Herrington & Sutcliffe LLP on 2/28/2017

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

When are Universities and Executive Agencies “State Actors” for Antitrust Immunity?

Proskauer - Minding Your Business on 6/24/2016

More than fifty years ago, the Supreme Court formalized the “state-action antitrust immunity” doctrine - a judge-made rule that certain state governmental conduct is immune from challenge under the federal antitrust laws....more

US China Trade War–Developments Trade, Customs, Patents, US/China Antitrust And Securities

Dorsey & Whitney LLP on 11/29/2013

There have been some major developments in the trade, Customs fraud, patents, US/Chinese antitrust, and securities areas. I have just returned from a trip of more than 2 weeks in China. While in China, we discussed US...more

Dang v. San Francisco Forty Niners - Consumers can challenge Reebok's exclusive NFL apparel deal based just on a market of...

Sheppard Mullin Richter & Hampton LLP on 8/9/2013

On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D....more

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Trademarks › Sherman Act

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