International Law
Trade Regulation Talk 
John W. Arden is the Executive Editorial Director for the CCH Trade Regulation group of Wolters Kluwer Law & Business, a leading provider of research information and workflow solutions in antitrust and trade regulation, as well as other key specialty areas. He has written and edited legal publications for more than 25 years, focusing on the areas of antitrust, advertising, franchising and distribution law, and intellectual property.
Post Frequency: 1.4/day Last Entry: November 20, 2009 at 13:30:00 Recent Entries: 481
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Contractor Could Proceed with RICO
Posted on November 20, 2009Contractor Could Proceed with RICO Claim Alleging Extortionate Credit LineThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A construction contractor sufficiently alleged a RICO conspiracy by three individuals who allegedly engaged in a scheme to force the contractor to accept an extortionate line of credit, the federal district court in Cleveland has ruled...
, New Jersey $4.8 Million Gift
Posted on November 19, 2009, New Jersey $4.8 Million Gift Card Controversy Sent Back to State CourtThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Because the amount in controversy in a lawsuit on behalf of New Jersey purchasers of Landry's Restaurants gift cards was at most $4...
Revised Google Book Settlement
Posted on November 18, 2009Revised Google Book Settlement Attempts to Address U.S. Competition ConcernsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.After consulting with the U.S. Department of Justice, lawyers representing the parties in a copyright dispute brought by authors and publishers against online search engine Google have filed a revised settlement agreement with the federal district court in New York City...
Gift Card and Certificate Fees,
Posted on November 17, 2009Gift Card and Certificate Fees, Expiration Dates Limited by Proposed RulesThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The Federal Reserve Board has announced proposed rules that would restrict the application of fees and expiration dates to store gift cards, gift certificates, and general-use prepaid cards...
Class Certification Denied in Prepaid
Posted on November 16, 2009Class Certification Denied in Prepaid Calling Card Consumer Fraud CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a suit alleging that prepaid calling card service providers violated the consumer fraud acts of 11 states by marketing cards providing less than the advertised number of calling minutes, the federal district court in Brooklyn denied class certification...
Focus on Franchising This
Posted on November 13, 2009Focus on Franchising This posting was written by John W. Arden. News and notes on franchising and distribution topics: ? The U.S. Supreme Court has scheduled oral argument on January 19, 2010, on Mac?s Shell Service Inc. v. Shell Oil Products Co...
Principal and Sales Rep Could
Posted on November 12, 2009Principal and Sales Rep Could Be Liable for Attorney?s Fees on Separate Claims This posting was written by John R.F. Baer of Sonnenschein Nath & Rosenthal, author of CCH Sales Representative Law Guide. When a sales representative presented two claims against its principal, one for pre-termination commissions and one for post-termination commissions, the claims were to be treated separately for determining whether to award attorney?s fees and costs under the New Jersey Sales Representatives? Rights Law, a New Jersey appellate court has ruled...
NFL Cannot Remove Judge from Oversight
Posted on November 11, 2009NFL Cannot Remove Judge from Oversight Authority for Antitrust Consent DecreeThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A federal district court judge can continue to oversee a 1993 settlement agreement that resolved an antitrust class action brought on behalf of professional football players against the National Football League, the U...
After U.S. Clearance, EC Questions
Posted on November 10, 2009After U.S. Clearance, EC Questions Oracle?s Acquisition of SunThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Oracle Corporation announced on November 9 that the European Commission (EC) has issued a statement of objections (SO) concerning the company?s proposed acquisition of Sun Microsystems Inc...
Australian Commission May Audit
Posted on November 09, 2009Australian Commission May Audit Franchisors, Seek Redress for Franchisees, Provide WarningsThis posting was written by John W. Arden.Amendments to the Australian Franchising Code of Conduct, announced on November 5, will enable the Australian Competition and Consumer Commission to conduct random audits of compliance with the Code, seek redress on behalf of all franchisees subject to a particular franchise agreement, and issue public warnings ?about rogue or unscrupulous? franchisors...
Using Motor Vehicle Data to Solicit
Posted on November 06, 2009Using Motor Vehicle Data to Solicit Legal Clients Would Violate Federal Privacy LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A purported class of individuals could pursue claims against attorneys for violating the Driver's Privacy Protection Act (DPPA) by unlawfully obtaining personal information pursuant to the Freedom of Information Act (FOIA) from the South Carolina Department of Motor Vehicles (SCDMV) for the impermissible purpose of soliciting clients, the federal district court in Greenville, South Carolina has ruled...
Facebook Privacy Settlement Gets
Posted on November 05, 2009Facebook Privacy Settlement Gets Initial OK; Intervention DeniedThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A proposed settlement between social networking website operator Facebook and a class consisting of Facebook members, resolving privacy claims over Facebook?s ?Beacon? advertising program, has been preliminarily approved by the federal district court in San Jose...
New York State Charges Intel with
Posted on November 04, 2009New York State Charges Intel with MonopolizationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Intel Corporation unlawfully maintained its monopoly in the market for x86 central processing unit (CPUs) in violation of New York?s Donnelly Act and Sec...
Pulse Oximeter Maker Liable for
Posted on November 03, 2009Pulse Oximeter Maker Liable for Sole Source Discounts, Not BudlingThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A federal district court in California did not err in discarding a jury's finding that a manufacturer of pulse oximeters violated federal antitrust law through its offering of bundled discounts to customers, but confirming the jury's liability finding on two other bases, the U...
FTC, Canada Competition Bureau
Posted on November 02, 2009FTC, Canada Competition Bureau Approve Schering-Plough?s Acquisition of MerckThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Schering-Plough Corporation can proceed with its proposed $41.1 billion acquisition of Merck & Co...
New Consumer Protection Agency,
Posted on October 30, 2009New Consumer Protection Agency, FTC Powers Approved by House Committee This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The House Energy and Commerce Committee yesterday approved legislation creating a new Consumer Financial Protection Commission, streamlining FTC rulemaking procedures, and broadening the FTC's authority to seek relief in court...
?Steam? Dryer Claims Could Be Lanham
Posted on October 29, 2009?Steam? Dryer Claims Could Be Lanham Act False AdvertisingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Allegations that Whirlpool?s advertisements for ?steam? clothes dryers were literally false could not be rejected at the summary judgment stage of a Lanham Act false advertising case brought by competitor LG Electronics, the federal district court in Chicago has ruled...
Buyers' Monopolization Claims over
Posted on October 28, 2009Buyers' Monopolization Claims over Patented Drug ResurrectedThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Purchasers of a patented antidiuretic drug could maintain federal antitrust claims against the drug's manufacturer and exclusive licensed marketer for allegedly abusing the patent system to unlawfully maintain a monopoly over the drug, the U...
Marketing for ?Phased Out? Cell
Posted on October 27, 2009Marketing for ?Phased Out? Cell Phone Could Violate California Unfair Competition LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Wireless telephone subscribers stated California Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) claims against AT&T, based on the company?s marketing and sale of a premium cell phone that it was allegedly in the process of phasing out, according to a California appellate court...
Antitrust Division Asked to Investigate
Posted on October 26, 2009Antitrust Division Asked to Investigate Bestseller Book PricingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The American Booksellers Association?a trade organization representing locally owned, independent booksellers?has asked the Department of Justice Antitrust Division to investigate alleged predatory pricing by Amazon...
Classes of Disabled Franchise Patrons
Posted on October 23, 2009Classes of Disabled Franchise Patrons Certified in ADA Action Against Burger KingThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Ten separate classes of Californian mobility-impaired patrons of ten Burger King restaurant franchises were entitled to be certified against the franchisor, Burger King, for violations of the Americans with Disabilities Act (ADA) and two California statutes, according to a federal district court in San Francisco...
Trade Regulation TidbitsThis posting
Posted on October 22, 2009Trade Regulation TidbitsThis posting was written by Jeffrey May and John W. Arden.News, updates, and observations:? President Barack Obama on October 17 commented on Congressional efforts to repeal the antitrust exemption for the health insurance industry...
Letters to Competitor?s Customers
Posted on October 21, 2009Letters to Competitor?s Customers Not ?Advertising? Within Lanham ActThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A Guardian Life Insurance agency did not engage in ?commercial advertising or promotion? within the meaning of the Lanham Act's false advertising prohibition by sending letters to MetLife customers using an agency name and logo formerly used by MetLife, the federal district court in Chicago has ruled...
McDonald?s Faces Class Action After
Posted on October 20, 2009McDonald?s Faces Class Action After Refusing to Redeem $5 Gift Card for CashThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The holder of a $5 McDonald?s gift card has standing to sue fast food giant McDonald?s under California law based on McDonald?s alleged failure to redeem the card for cash, the federal district court in San Diego has ruled...
Despite Lower Turnout, ABA Forum
Posted on October 19, 2009Despite Lower Turnout, ABA Forum on Franchising Is in Good Shape: ChairThis posting was written by John W. Arden.In spite of sharply lower attendance at the ABA Forum on Franchising?s 32nd annual meeting, the ?State of the Forum? is still ?very, very good,? according to an October 16 address by Ronald Gardner, new chair of the group...
Baer Receives First Rudnick Award
Posted on October 18, 2009Baer Receives First Rudnick Award for Contributions to Franchise LawThis posting was written by John W. Arden.The ABA Forum on Franchising on October 15 presented the inaugural Lewis G. Rudnick Award to John R. F. Baer in recognition of his contributions to the development of the Forum and franchise law as a discipline...
Members of Homeowner's Group
Posted on October 16, 2009Members of Homeowner's Group Could Not Sue Group's Board for RICO Violations This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide. In a case of first impression, members of a homeowner association lacked standing to sue the president of the association?s board, the members and managers of a limited liability company (LLC) that controlled the board, the LLC itself, and an associated construction company for violations of RICO, the federal district court in New Orleans has ruled...
Repeal of Antitrust Exemption for
Posted on October 15, 2009Repeal of Antitrust Exemption for Health Insurance Industry Considered on Capitol HillThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Senate Judiciary Committee Chairman Patrick J. Leahy kicked off a congressional hearing on a proposal to repeal the antitrust exemption for the health insurance industry by saying that ?the exemption, since it was enacted in 1945, has served the financial interests of the insurance industry,? but not the interests of consumers...
Pfizer?s Acquisition of Wyeth Clears
Posted on October 14, 2009Pfizer?s Acquisition of Wyeth Clears Antitrust HurdlesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pfizer, Inc.?s proposed $68 billion acquisition of Wyeth was conditionally approved by the Federal Trade Commission (FTC) today...
Apple, Google Boards of Directors
Posted on October 13, 2009Apple, Google Boards of Directors Lose Members as FTC Investigates OverlapsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Google announced yesterday that a member of its corporate board of directors, who was also a member of Apple?s corporate board, had stepped down...
FTC Challenges Privacy Safe Harbor
Posted on October 12, 2009FTC Challenges Privacy Safe Harbor Certification ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Six U.S. businesses have agreed to refrain from misrepresenting the extent to which they participate in any privacy, security, or other compliance program sponsored by a government or any third party, under the terms of proposed Federal Trade Commission consent orders...
North Carolina Data Breach Law
Posted on October 09, 2009North Carolina Data Breach Law Amended . . . This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.North Carolina?s data breach notification law has been amended to add to the information that must be included in a breach notice...
Facebook Settles Privacy Claims
Posted on October 07, 2009Facebook Settles Privacy Claims over ?Beacon? Ad ProgramThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Social networking website Facebook has agreed to shut down its controversial ?Beacon? advertising program, as part of a settlement of a class action lawsuit brought by Facebook members, alleging that the program violated their privacy rights...
On Opening Day of Term, High Court
Posted on October 06, 2009On Opening Day of Term, High Court Denies Review of Three Trade Regulation CasesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.The U.S. Supreme Court opened its 2009-2010 term yesterday by denying review of three trade regulation decisions?concerning resale price fixing, Lanham Act false advertising, and arbitration of an in-term restrictive covenant in a trademark license...
FTC Releases Revised Guides for
Posted on October 05, 2009FTC Releases Revised Guides for Endorsements, Testimonials in AdvertisingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Can an advertiser be held liable for a blogger?s misleading statements about the advertiser?s products? What about the blogger? Maybe, says the Federal Trade Commission, in releasing today its final Guides Concerning the Use of Endorsements and Testimonials in Advertising...
FTC Administrative Law Judge Dismisses
Posted on October 02, 2009FTC Administrative Law Judge Dismisses Claims Against Marketers of Purported Cancer CureThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Federal Trade Commission (FTC) attorneys failed to prove that the operator of a dietary supplement business participated in the creation or dissemination of allegedly deceptive and false advertisements that appeared on the Internet for an herbal remedy, according to an administrative law judge presiding over the case...
Sales Representatives' Statements
Posted on October 01, 2009Sales Representatives' Statements Could Constitute Advertising Under Lanham ActThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Dental equipment companies Dentsply and Tulsa Dental Products could have engaged in commercial advertising or promotion under the Lanham Act by encouraging their sales representatives to contact all of the customers of a small competitor (Guidance Endodontics) and make false and disparaging statements about its business, the federal district court in Albuquerque has ruled...
Federal Antitrust Agencies Advise
Posted on September 30, 2009Federal Antitrust Agencies Advise High Court to Vacate NFL Licensing DecisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal antitrust agencies filed a joint amicus curiae brief in the U.S. Supreme Court, recommending that the Court vacate a decision of the U...
Agency Heads Discuss Antitrust
Posted on September 29, 2009Agency Heads Discuss Antitrust Convergence, Recent Developments This posting was written by Jefrey May, Editor of CCH Trade Regulation Reporter.Speaking on the topic of international convergence at Fordham University?s 36th Annual Conference on International Antitrust Law and Policy, the heads of the two federal antitrust agencies commented on increased convergence between their respective agencies...
California Consumer Class Actions
Posted on September 28, 2009California Consumer Class Actions Against Apple DismissedThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Two class actions?claiming that Apple violated California Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) by manufacturing defective computers?were dismissed by the federal district court in San Jose...
Insurance Agent Could Be ?Franchisee?
Posted on September 25, 2009Insurance Agent Could Be ?Franchisee? Under Michigan Franchise Sales LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The Michigan Franchise Investment Law could apply to insurance agency contracts, the federal district court in Detroit has decided...
Antitrust Division Commits to Examine
Posted on September 24, 2009Antitrust Division Commits to Examine Competition in Dairy IndustryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Christine A. Varney, Assistant Attorney General in charge of the Department of Justice Antitrust Division, told attendees of a field hearing of the Senate Judiciary Committee in St...
Store-Brand ?Compare To? Statements
Posted on September 23, 2009Store-Brand ?Compare To? Statements Could Be False AdvertisingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.?Compare To? statements by a manufacturer of store brand joint care dietary supplements (Perrigo Company) were not mere puffery and could constitute false advertising under the Lanham Act and New York law, the federal district court in Central Islip New York has ruled...
Justice Department, States Object
Posted on September 22, 2009Justice Department, States Object to Google Book Search Settlement This posting was written by Janette Spencer-Davis, Editor of CCH Copyright Law Reporter, and Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice and five state attorneys general were among the hundreds of commenters objecting to the settlement agreement between Google and the Association of American Publishers and the Authors Guild...
Antitrust Goes to the Movies: The
Posted on September 18, 2009Antitrust Goes to the Movies: The Informant!This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.It?s been nearly 13 years since the U.S. Department of Justice announced what was at the time the largest criminal antitrust fine in history...
Dell Agrees to $4 Million Restitution,
Posted on September 17, 2009Dell Agrees to $4 Million Restitution, Penalties to Settle False Advertising Case This posting was written by William Zale, Editor of CCH Advertising Law Guide.New York Attorney General Andrew M. Cuomo has announced that Dell and its subsidiary, Dell Financial Services (DFS), have agreed to pay the attorney general?s office $4 million in restitution, penalties, and costs to resolve charges of fraudulent and deceptive business practices that scammed consumers across New York State...
Consumer, Privacy Groups Call for
Posted on September 16, 2009Consumer, Privacy Groups Call for Federal Regulation of Online Tracking This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A coalition of ten consumer and privacy advocacy organizations issued a statement on September 1, calling on Congress to enact legislation to protect consumer privacy in response to threats from the growing practices of online behavioral tracking and targeting...
Settlements, Fees Upheld in Antitrust
Posted on September 15, 2009Settlements, Fees Upheld in Antitrust Class Action Against InsurersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In a class action alleging a bid rigging and market allocation conspiracy between insurance brokers and insurance carriers, the U...
Constitutional Attack on Maine
Posted on September 14, 2009Constitutional Attack on Maine Privacy Law Results in Negotiated Order: ChallengerThis posting was written by John W. Arden.A lawsuit challenging the constitutionality of a new Maine privacy law that prohibits the collection of personal information for marketing purposes from minors without parental consent and bars ?predatory marketing? to minors has apparently culminated in a negotiated order, according to one of the plaintiffs...
Claims that Company Schemed to
Posted on September 11, 2009Claims that Company Schemed to Monopolize Market for Drug ProceedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pfizer Inc. and its subsidiary Warner-Lambert Company LLC have failed to convince the federal district court in Newark, New Jersey, to dismiss claims that the drug maker engaged in an "overall scheme" to monopolize the market for gabapentin anhydrous products by forestalling, if not completely preventing, generic competition for Warner-Lambert's anti-epilepsy drug Neurontin...
Facebook Agrees to Privacy Safeguards
Posted on September 10, 2009Facebook Agrees to Privacy Safeguards After Canadian Investigation This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Online social networking site operator Facebook has agreed to add significant new privacy safeguards and make other changes in response to the Privacy Commissioner of Canada?s recent investigation into Facebook?s privacy policies and practices, the Privacy Commissioner announced on August 27...
FDA Filing by Drug Company Was
Posted on September 09, 2009FDA Filing by Drug Company Was Not Sham Petitioning, MonopolizationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in New York City has refused to disturb a jury's verdict that Sanofi-Aventis (Aventis) did not violate Section 2 of the Sherman Act by filing a petition with the Food and Drug Administration (FDA), purportedly in an effort to delay approval of generic competition to its rheumatoid-arthritis drug sold under the name ?Aravae...
Administration Reportedly Considering
Posted on September 08, 2009Administration Reportedly Considering Two for FTC VacanciesThis posting was written by John W. Arden.The Obama Administration is considering two candidates for open positions on the Federal Trade Commission, according to a story published by Reuters on September 3...
Do Market Concentration, Pricing
Posted on September 04, 2009Do Market Concentration, Pricing Practices Warrant Antitrust Probe of ?Big Beer?This posting was written by John W. Arden.By announcing plans to raise beer prices during a recession, while beer demand slumps, the two major beer producers in the U.S. are ?almost begging for an antitrust review of the industry,? according to an article posted August 31 on Slate magazine?s ?The Big Money? blog...
Maine Attorney General Will
Posted on September 03, 2009Maine Attorney General Will Not Enforce New Privacy Law for Minors This posting was written by John W. Arden. Maine Attorney General Janet Mills has announced that?because of constitutionality concerns?she will not enforce a recently-enacted state privacy law that prohibits the collection of personal information for marketing purposes from minors without parental consent and bars ?predatory marketing? to minors...
Former Pfizer Sales Rep Awarded
Posted on September 02, 2009Former Pfizer Sales Rep Awarded $51.5 Million in Marketing Fraud SettlementThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Whistleblower lawsuits filed under the qui tam provisions of the False Claims Act triggered the government investigation that led to Pfizer?s agreement to pay $2...
FTC Raises Fees for Accessing Do-Not-Call
Posted on September 01, 2009FTC Raises Fees for Accessing Do-Not-Call Registry . . . This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has announced increases to the fees for accessing the Telemarketing Sales Rule?s Do-Not-Call Registry...
Trade Regulation Tidbits This
Posted on August 31, 2009Trade Regulation Tidbits This posting was written by John W. Arden. News, updates, and observations: ? A recent article in The Economist magazine asks whether the Obama Administration will back up its ?tough talk? on antitrust enforcement (?Return of the Trustbusters,? August 27 print edition)...
Remedies Imposed on Kevin Trudeau
Posted on August 28, 2009Remedies Imposed on Kevin Trudeau for Violation of FTC Consent Decree VacatedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Infomercial pitchman Kevin Trudeau has convinced a federal appeals court to vacate a $37.6 million sanction and a three-year ban on his appearance in infomercials awarded in a Federal Trade Commission (FTC) enforcement action...
FTC Issues Final Rule on Notification
Posted on August 27, 2009FTC Issues Final Rule on Notification of Health Information Security BreachesThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has issued a final rule requiring certain Web-based businesses to notify consumers when the security of their electronic health information is breached...
Illinois Amends Franchise Disclosure
Posted on August 26, 2009Illinois Amends Franchise Disclosure ActThis posting was written by John W. Arden.Legislation bringing the Illinois Franchise Disclosure Act of 1987 in line with the 2007 FTC Franchise Rule was signed by Governor Pat Quinn on August 24.The measure requires that franchise disclosure statements be prepared in accordance with the FTC Franchise Rule (16 C...
Justice Department Forces Transistor
Posted on August 25, 2009Justice Department Forces Transistor Maker to Divest Acquired Assets . . . This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Department of Justice announced on August 20 that it has reached a proposed settlement with California-based semiconductor device maker Microsemi Corporation, requiring the company to divest all of the assets it acquired from rival Semicoa Inc...
False Claims Act Amendments Expand
Posted on August 24, 2009False Claims Act Amendments Expand Liability for Private SectorThis posting was written by Reuben Guttman, Partner, Grant & Eisenhofer, Washington, D.C.Since the Civil War, the Federal False Claims Act (FCA), now codified at 31 U.S.C. 3729 et seq., has provided a means of redress against private entities whose ?false or fraudulent? conduct caused the loss of taxpayer dollars...
New Jersey Dealership Was Constructively
Posted on August 21, 2009New Jersey Dealership Was Constructively Terminated Without Good CauseThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A forklift manufacturer?s actions?geared towards forcing a dealer out of its role as an authorized dealer of the manufacturer?s forklifts?amounted to constructive termination without good cause, in violation of the New Jersey Franchise Practices Act (NJFPA), according to a New Jersey appellate court...
Sunscreen Manufacturer Denied
Posted on August 20, 2009Sunscreen Manufacturer Denied Injunction Against Comparative Ad This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law. The federal district court in Wilmington, Delaware denied a sunscreen manufacturer?s request for a preliminary injunction, filed as part of a Delaware Deceptive Trade Practices Act, against a competing manufacturer that ran a print advertisement comparing the ?sport? sunscreens produced by the two companies...
Closing of Automobile Dealerships
Posted on August 19, 2009Closing of Automobile Dealerships Raises Termination Issues for Bankruptcy Courts This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages. With the noticed closings of so many GM and Chrysler dealerships, wrongful termination statutes have become a question before the bankruptcy courts...
Rejection of Thermostat Buyer?s
Posted on August 18, 2009Rejection of Thermostat Buyer?s Antitrust Claims Against Honeywell UpheldThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A consumer?s putative class action?alleging that Honeywell International, Inc. violated Maine?s antitrust statute by misrepresenting its trademark on circular thermostats and threatening rival manufacturers with litigation?was properly found to have been barred by the statute of limitations and to have failed to state cognizable injury, the Maine Supreme Judicial Court has ruled...
?All Natural? State Law Consumer
Posted on August 17, 2009?All Natural? State Law Consumer Fraud Suit Not PreemptedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Federal law does not preempt class action claims that beverage manufacturer Snapple deceptively marketed its iced tea and juice drinks as ?all natural? in violation of the New Jersey Consumer Fraud Act and common law, the U...
Facebook Not Complying with Canadian
Posted on August 14, 2009Facebook Not Complying with Canadian Privacy Law: Report This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.In order to comply with Canadian privacy law, popular social networking website operator Facebook must take greater responsibility for the personal information in its care, according to Canadian Privacy Commissioner Jennifer Stoddart...
Focus on Franchising This
Posted on August 13, 2009Focus on Franchising This posting was written by John W. Arden. News and notes on franchising and distribution topics: ? The Franchise and Business Opportunity Project Group of the North American Securities Administrators Association (NASAA) has proposed that states amend their franchise disclosure laws to change the delivery rules for franchise disclosure documents...
New Maine Law Bans Collection of
Posted on August 12, 2009New Maine Law Bans Collection of Personal Information, ?Predatory Marketing? to Minors This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A new Maine statute prohibits the collection of health-related or other personal information for marketing purposes from a minor without parental consent and ?predatory marketing? to minors...
DOJ-USDA Announce Joint Workshops
Posted on August 11, 2009DOJ-USDA Announce Joint Workshops on Antitrust Issues in Agriculture . . . This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Department of Justice announced on August 5 that it would, for the first time, hold a series of joint public workshops with the U...
Antitrust Challenge to State Law
Posted on August 10, 2009Antitrust Challenge to State Law Implementing Tobacco Master Settlement FailsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in St. Louis has rejected a cigarette manufacturer?s claims that an Arkansas law implementing the 1998 Master Settlement Agreement (MSA) between the states and large tobacco companies violated the Sherman Act...
Ads Touting Sport Drink?s Sweat-like
Posted on August 07, 2009Ads Touting Sport Drink?s Sweat-like Formula Not EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a false advertising and trademark dilution case, PepsiCo subsidiary Stokely-Van Camp?s request for a preliminary injunction against Coca-Cola?s advertising of its Powerade ION4 sports drink was declined by the federal district court in New York City...
EC Proposes Amendments to Block
Posted on August 06, 2009EC Proposes Amendments to Block Exemption for Supply, Distribution AgreementsThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The European Commission (EC) proposed a revised Block Exemption Regulation and Guidelines on supply and distribution agreements, including franchise and other types of vertical agreements, on July 28...
Antitrust, False Advertising Claims
Posted on August 05, 2009Antitrust, False Advertising Claims Against Credit Bureaus DismissedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust and false advertising claims brought by Fair Isaac Corporation against the major U.S. credit bureaus?in connection with their joint development of a new credit score competing with Fair Isaac?s?were dismissed by the federal district court in Minneapolis on July 24...
Heart Device Maker Abandons Acquisition
Posted on August 04, 2009Heart Device Maker Abandons Acquisition After FTC ChallengeThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Mechanical heart pump manufacturer Thoratec Corporation abandoned its proposed $282 million acquisition of rival HeartWare International, Inc...
Nude Photos Not Newsworthy, Held
Posted on July 31, 2009Nude Photos Not Newsworthy, Held Within Right of PublicityThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A magazine?s unauthorized publication of 20-year-old nude photographs of a recently-murdered woman, accompanied by a brief biography, did not qualify for the newsworthiness exception to the right of publicity under Georgia law, the U...
Calls for Antitrust Review of Microsoft?s
Posted on July 30, 2009Calls for Antitrust Review of Microsoft?s Search Agreement with Yahoo! BeginThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Yesterday, Microsoft Corporation and Yahoo! Inc. announced their plans to join forces to compete with Google in the Internet search and online advertising markets...
FTC, Minnesota Can Proceed with
Posted on July 29, 2009FTC, Minnesota Can Proceed with Claims Against Drug Company?s AcquisitionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Minneapolis will allow the Federal Trade Commission and the State of Minnesota to proceed to trial with their claims against Lundbeck, Inc...
Some Administration Officials Oppose
Posted on July 28, 2009Some Administration Officials Oppose DOJ's Antitrust Enforcement Efforts: Report This posting was written by John W. Arden.Christine Varney, who has pledged stricter antitrust enforcement during her tenure as chief of the Department of Justice Antitrust Division, is ?finding some resistance from officials within the administration,? according to a front page story in the Sunday, July 26, New York Times...
Lighting Manufacturer Restrained
Posted on July 27, 2009Lighting Manufacturer Restrained from Terminating Likely New Jersey ?Franchise?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A manufacturer of lighting for emergency response vehicles was temporarily restrained from terminating an entity that sold and installed the manufacturer?s products, a federal district court in Camden, New Jersey, has ruled...
Transportation Department Provides
Posted on July 24, 2009Transportation Department Provides Auto Dealers with Details on Cash-for-Clunkers ProgramThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Transportation?s National Highway Traffic Safety Administration (NHTSA) issued its final rules today for the Cash-for-Clunkers program as required by the Consumer Assistance to Recycle and Save Act of 2009 (CARS Act)...
Insurer Escapes Liability for
Posted on July 23, 2009Insurer Escapes Liability for Refusing to Replace Safety Belts This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide. An individual could not proceed with a RICO claim against his automobile insurer, Allstate Indemnity Company, for refusing to inspect and replace, as a matter of policy, the collision-damaged safety belts in his automobile, the federal district court in Sacramento has ruled...
Advertisers' Use of Consumer Testimonials
Posted on July 22, 2009Advertisers' Use of Consumer Testimonials Debated Before Senate SubcommitteeThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A Senate subcommittee heard testimony today on a proposal by the Federal Trade Commission (FTC) to remove a safe harbor that has allowed advertisers to use consumer testimonials to tout weight loss and other products, even when the experience of the consumer is not typical...
Arbitration Firm Agrees to Settle
Posted on July 21, 2009Arbitration Firm Agrees to Settle False Advertising CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The National Arbitration Forum?the country?s largest administrator of credit card and consumer collections arbitrations?has agreed to get out of the business of arbitrating credit card and other consumer collection disputes, in order to settle a false advertising, consumer fraud, and deceptive trade practices action filed by Minnesota Attorney General Lori Swanson...
Labor Union Could Not Bring
Posted on July 20, 2009Labor Union Could Not Bring Action for Members Under California Unfair Competition Law This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law. A labor union that did not suffer an actual injury could not bring a representative action on behalf of aggrieved employees under the California Unfair Competition Law (UCL), according to the California Supreme Court...
House-Passed Appropriations Bill
Posted on July 17, 2009House-Passed Appropriations Bill Includes Measure to Resurrect GM, Chrysler FranchisesThis posting was written by John W. Arden.The U.S. House of Representatives yesterday passed a general financial services and appropriations bill that includes a provision attempting to restore automobile franchises terminated pursuant to the bankruptcy plans of General Motors and Chrysler Corp...
Class Action Approved in Vertical
Posted on July 16, 2009Class Action Approved in Vertical Price Restraint Case Against Babies ?R? Us, ManufacturersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Philadelphia yesterday granted class certification in an action against retail chain Babies ?R? Us, Inc...
EU Privacy Law Applies to Social
Posted on July 15, 2009EU Privacy Law Applies to Social Networks Headquartered Outside of Europe This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.European data protection law applies to online social networking services (SNS), such as Facebook and MySpace, even if their headquarters are located outside Europe, according to the Article 29 Data Protection Working Party...
Monopoly Leveraging Claims Against
Posted on July 14, 2009Monopoly Leveraging Claims Against Abbott Laboratories RejectedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.HIV patients and their medical plans purchasing Norvir?a drug made by Abbott Laboratories that ?boosts? the effectiveness of protease inhibitors used to fight the disease?failed to sufficiently allege monopoly leveraging claims against the pharmaceutical company, the U...
Consumer Contract Arbitration Clause,
Posted on July 10, 2009Consumer Contract Arbitration Clause, Class Action Ban Held UnenforceableThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Computer seller Dell, Inc. could not enforce an arbitration clause and contractual bar against class action claims in a suit brought by computer purchasers asserting that Dell imposed charges falsely characterized as sales tax in violation of the Massachusetts consumer protection statute, the Massachusetts Supreme Judicial Court has ruled...
IP Addresses Not ?Personally Identifiable
Posted on July 09, 2009IP Addresses Not ?Personally Identifiable Information? This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Microsoft?s installation of software onto consumers? computers that sent information about the computers to Microsoft?including the computers? Internet Protocol (IP) addresses?did not violate the end user license agreement (EULA) entered into when consumers installed the Windows XP operating system, the federal district court in Seattle has ruled...
GM Reaches Agreement with State
Posted on July 08, 2009GM Reaches Agreement with State AGs Regarding Compliance with State Dealer LawsThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The attorneys general (AGs) of 30 states have reached an agreement in principle with GM regarding protections afforded under state laws to dealers and consumers...
Senate Antitrust Subcommittee Holds
Posted on July 07, 2009Senate Antitrust Subcommittee Holds Hearing on Bowl Championship SeriesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Senate Judiciary Committee's antitrust subcommittee held a hearing today on the fairness and antitrust implications of college football?s Bowl Championship Series (BCS)...
Telephone Consumer Protection Act
Posted on July 06, 2009Telephone Consumer Protection Act Covers Text Messages Sent to Cell PhonesThis posting was written by Jody Coultas, Editor of CCH Telemarketing Law Guide.The Ninth Circuit Court of Appeals, in finding that the Telephone Consumer Protection Act (TCPA) applied to text messages, reinstated a class action against Simon & Schuster filed by a cell phone user who received an unsolicited text message from the company...
Art Buyer's Antitrust Claims Against
Posted on July 03, 2009Art Buyer's Antitrust Claims Against Art Foundation, Authenticator Survive DismissalThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.An art buyer's claims that the only two entities authenticating art works by Andy Warhol acted in concert to artificially restrict competition in the market for authentic Warhols sufficiently alleged a conspiracy or an attempt to monopolize, the federal district court in New York City has ruled...
Ad Industry Groups Announce Principles
Posted on July 02, 2009Ad Industry Groups Announce Principles for Online Collection of Consumer DataThis posting was written by William Zale, Editor of CCH Advertising Law Guide and Do's and Don'ts in Advertising.A group of the nation's largest media and marketing trade associations today released self-regulatory principles to protect consumer privacy in ad-supported interactive media...
Proposed Consumer Financial Protection
Posted on July 01, 2009Proposed Consumer Financial Protection Agency Would Take on Some FTC DutiesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.All consumer financial protection functions of the Federal Trade Commission would be transferred to a newly created federal agency, as part of the Obama Administration?s regulatory reform agenda...
Jury Rejects Conspiracy Claim Against
Posted on June 30, 2009Jury Rejects Conspiracy Claim Against Heavy Truck ManufacturerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A federal jury in Philadelphia decided on June 11 that a truck dealership failed to prove by a preponderance of the evidence that a defending truck manufacturer engaged in a conspiracy in violation of Section 1 of the Sherman Act...
Supreme Court to Review Ruling
Posted on June 29, 2009Supreme Court to Review Ruling that NFL Licensing Pact Was Not Antitrust ConspiracyThis posting was written by John W. Arden.Contrary to the recommendation of the FTC and the Department of Justice Antitrust Division, the U.S. Supreme Court today granted review of a Seventh Circuit ruling that the National Football League and its 32 members did not engage in an illegal antitrust conspiracy by granting an exclusive trademark license to apparel manufacturer Reebok International...
Franchisor?s Presale Representations
Posted on June 26, 2009Franchisor?s Presale Representations Did Not Violate Florida Franchise ActThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide, and John W. Arden.An ice cream shop franchisor?s alleged misrepresentations about a prospective franchisee?s chances for success did not violate the Florida Franchise Act, absent evidence that the franchisee relied on a misrepresentation in making its decision to purchase the franchise, the U...
New York State Requires Franchisors
Posted on June 25, 2009New York State Requires Franchisors to Report Franchisees? SalesThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide, and John W. Arden.New York State has enacted legislation requiring all franchisors having franchisees within the state to file annual information returns with the State Department of Taxation and Finance, reporting the gross sales of each franchisee within the state, as well as the sales by the franchisor to the franchisee and any franchisee income reported to the franchisor...
Conspiracy Claims Against Steel
Posted on June 24, 2009Conspiracy Claims Against Steel Producers Survive Motion To DismissThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Purchasers of steel products sufficiently alleged a multi-year antitrust conspiracy among domestic steel producers to reduce the production of steel products in the highly concentrated U...
Limits on Treble Damages for Antitrust
Posted on June 23, 2009Limits on Treble Damages for Antitrust Amnesty Applicants Extended for One YearThis posting was written by Jeffrey May, Editor of CCH Trade Regultion Reporter.The Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) has been amended to extend for one year provisions that protect successful amnesty applicants under the Department of Justice Antitrust Division corporate leniency program from treble damages in private suits...
$86 Million Restitution Award for
Posted on June 22, 2009$86 Million Restitution Award for Starbucks Baristas ReversedThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A California appellate court has reversed a $86 million-plus restitution judgment awarded in a California Unfair Competition Law (UCL) class action brought against Starbucks by current and former baristas for permitting shift supervisors to share money placed in collective tip boxes...
GM Should Not Be Allowed to Avoid
Posted on June 19, 2009GM Should Not Be Allowed to Avoid Dealership Protection Laws: State AGsThis posting was written by John W. Arden.Texas and Nebraska Attorneys General are strongly objecting to General Motors? bankruptcy plans to drastically reduce its number of dealerships in the United States, while avoiding state dealership protection laws...
Internet Name Registrar Could Have
Posted on June 18, 2009Internet Name Registrar Could Have Violated Antitrust Law to Get ContractsThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Internet domain name registry operator VeriSign, Inc., could have violated federal antitrust law by allegedly conspiring with, or engaging in predatory conduct against, the Internet Corporation for Assigned Names and Numbers (ICANN), the U...
Settlement of Ameritrade Data Breach
Posted on June 17, 2009Settlement of Ameritrade Data Breach Litigation Preliminarily ApprovedThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The federal district court in San Francisco has preliminarily approved a settlement of class action claims against online investment broker Ameritrade for allegedly failing to prevent a data security breach that exposed accountholders' private information to spammers and rendered the same information vulnerable to others...
Customers Could Sue Grocer Only
Posted on June 16, 2009Customers Could Sue Grocer Only if Damaged by Data BreachThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Customers of Maine-based supermarket chain Hannaford could pursue claims for breach of implied contract, negligence, and unfair trade practices under Maine law against the chain for failing to prevent a data security breach and for failing to notify them of the breach, but only if they could establish actual damages, according to the federal district court in Portland, Maine...
Former Sales Director Can Pursue
Posted on June 15, 2009Former Sales Director Can Pursue Claims for Misuse of His NameThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Joseph Krause?the former sales director of the Philadelphia Soul arena football team?can pursue claims for Lanham Act false designation of origin and state law misappropriation of name against the team and its part owner, rock musician Jon Bongiovi (a...
Suit Challenging Discount Club
Posted on June 12, 2009Suit Challenging Discount Club Marketing Practices Not Time BarredThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Claims that the marketing firm Vertrue, Inc. and its affiliates violated the federal Electronic Funds Transfer Act (EFTA) by enrolling consumers in a discount club and imposing unauthorized monthly charges in billing statements were not barred by the law?s one-year statute of limitations, the U...
Bill to Extend ACPERA?s Detrebling
Posted on June 11, 2009Bill to Extend ACPERA?s Detrebling Provisions Passes HouseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Legislation to delay the sunsetting of provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) passed the U...
Bankruptcy Court Allows Chrysler
Posted on June 10, 2009Bankruptcy Court Allows Chrysler to Terminate 789 Franchises This posting was written by John W. Arden.A bankruptcy court ruled yesterday that auto maker Chrysler LLC could immediately terminate 789 Chrysler, Dodge, and Jeep franchises in accordance with its plan to cut costs and quickly emerge from bankruptcy, according to an Associated Press report...
Biopharmaceutical Firm Drops Attempted
Posted on June 09, 2009Biopharmaceutical Firm Drops Attempted Acquisition of CompetitorThis posting was written by Jeffrey May, Editor of CCH Trade Regultion Reporter.CSL Limited and Talecris Biotherapeutics Holdings Corporation announced on June 9 their decision to abandon a proposed combination in light of an FTC challenge to the transaction...
Bill Requires Bankrupt Auto Makers
Posted on June 08, 2009Bill Requires Bankrupt Auto Makers to Reimburse Dealers from Federal FundsThis posting was written by John W. Arden.A bill to require bankrupt automobile manufacturers that receive funds from the federal government to use such funds to fully reimburse dealers for inventory of vehicles and parts has been proposed in House Bill No...
Senior Citizens Entitled to Triple
Posted on June 05, 2009Senior Citizens Entitled to Triple Restitution for Breach of California Unfair Competition LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A class of senior citizens could receive triple restitution under the Consumers Legal Remedies Law (CLRA) for violations of the California Unfair Competition Law (UCL) by a life insurance company that allegedly engaged in deceptive business practices to induce the purchase of high-commission annuity contracts with large surrender penalties, according to a California appellate court...
California Unfair Competition Class
Posted on June 04, 2009California Unfair Competition Class Standing Hurdle Removed in Tobacco Ad CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a class action, the standing requirements of the California Unfair Competition Law (UCL) apply only to class representatives, not to class members, the California Supreme Court has ruled...
Amnesty Applicant Not Ordered to
Posted on June 03, 2009Amnesty Applicant Not Ordered to Identify Itself, Assist in Private Antitrust SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in San Francisco will not require a company that was granted conditional leniency under the Department of Justice Antitrust Division corporate leniency program to identify itself to, and cooperate with, plaintiffs in a private antitrust action, alleging a conspiracy to fix prices in the thin film transistor-liquid crystal display (TFT-LCD) industry...
Franchisee Liability for Lost Future
Posted on June 01, 2009Franchisee Liability for Lost Future Profits: Another Blow to Sealy?This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.The Texas Court of Appeals for the Second District?applying Georgia law in a case of first impression for both Georgia and Texas?has held that a "terminated" franchisee was liable for lost future profits over the full remainder of a 25-year term (Progressive Child Care Systems, Inc...
Congressional Subcommittees Hear
Posted on May 29, 2009Congressional Subcommittees Hear Testimony on Vertical Price Fixing, Railroad ExemptionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Subcommittees of the U.S. Senate and House Judiciary Committees held hearings May 19 on bills that would, respectively, reinstate the per se rule for resale price maintenance and repeal the antitrust exemption for railroads...
?Unique? Infant Formula Ad Claims
Posted on May 28, 2009?Unique? Infant Formula Ad Claims Not EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A producer of store brand infant formula (PBM Products) asserting Lanham Act violations was denied a preliminary injunction barring ?unique formulation? advertising claims made in a mailer by Mead Johnson, the producer of Enfamil LIPIL formula...
Federal Law Regulates Gift Certificates
Posted on May 27, 2009Federal Law Regulates Gift Certificates and CardsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A new federal law regulates gift certificates, store gift cards, and general-use prepaid cards by putting limits on fees and expiration and imposing disclosure requirements...
Consumer Class Action Denied in
Posted on May 26, 2009Consumer Class Action Denied in McDonald's French Fries CaseThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Certification of a nationwide class was denied in a consumer protection lawsuit against McDonald's because individual issues predominated, according to the federal district court in Chicago...
High Court to Consider RICO?s "Business
Posted on May 22, 2009High Court to Consider RICO?s "Business or Property" RequirementThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide, and John W. Arden.The U.S. Supreme Court has agreed to consider whether a city government alleging a non-commercial injury that resulted from the non-payment of taxes by non-litigant third parties has met RICO's standing requirement that a plaintiff be directly injured in its "business or property...
Insurance Agent Not Protected ?Franchisee?
Posted on May 21, 2009Insurance Agent Not Protected ?Franchisee? Under Washington LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.An insurance agent was not a ?franchisee? of an insurance company within the meaning of the Washington Franchise Investment Protection Act because the agent did not pay the company a ?franchise fee,? according to the federal district court in Tacoma, Washington...
Varney Discusses Antitrust Enforcement
Posted on May 20, 2009Varney Discusses Antitrust Enforcement in Distressed EconomyThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Antitrust chief Christine A. Varney made headlines last week when she announced, in a May 11 speech, the withdrawal of the Antitrust Division?s controversial report on single firm conduct...
Food Products Maker Engaged in
Posted on May 18, 2009Food Products Maker Engaged in Price DiscriminationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Michael Foods, Inc., a national food products manufacturer, engaged in price discrimination in favor of Sodexho, Inc., the world?s largest food service management company, and to the detriment of a complaining wholesale food distributor, the federal district court in Harrisburg, Pennsylvania, has ruled...
European Commission Fines Intel
Posted on May 16, 2009European Commission Fines Intel for Abuse of Dominant PositionThis posting was written by John W. Arden.Computer chip giant Intel was fined ?1.06 ($1.45 billion) on May 13 for violating European Commission Treaty antitrust rules on the abuse of a dominant position (Article 82) by engaging in illegal anticompetitive practices to exclude competitors from the market of computer chips called x86 central processing units (CPUs)...
White Paper Warns about Cyber Crime,
Posted on May 14, 2009White Paper Warns about Cyber Crime, Recommends Cyber Security PracticesThis posting was written by John W. Arden.The dangers of cyber crime and the measures that can be taken to protect cyber property are the subjects of a new report issued by Wolters Kluwer Law & Business...
Rebranding of Nearby Gas Station
Posted on May 12, 2009Rebranding of Nearby Gas Station Did Not Cause Antitrust InjuryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A Mobil gasoline station in Detroit failed to identify an antitrust injury resulting from an alleged conspiracy between ExxonMobil and Michigan Fuels, Inc...
Antitrust Chief Withdraws 2008
Posted on May 11, 2009Antitrust Chief Withdraws 2008 Report on Single Firm ConductThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Marking a shift in enforcement policy, Christine A. Varney, Assistant Attorney General in charge of the Department of Justice Antitrust Division, on May 11 withdrew, effective immediately, the Antitrust Division's September 2008 report, entitled ?Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act...
FTC Testifies on Data Security
Posted on May 08, 2009FTC Testifies on Data Security Bill, Peer-to-Peer File SharingThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The Federal Trade Commission strongly supports the goals of H.R. 2221, the proposed "Data Accountability and Trust Act," according to Acting Director of the Bureau of Consumer Protection Eileen Harrington, who testified May 5 before the House Energy and Commerce Committee Subcommittee on Commerce, Trade and Consumer...
Privacy Laws Proposed in Congress,
Posted on May 07, 2009Privacy Laws Proposed in Congress, Canadian ParliamentThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Federal laws addressing privacy concerns have been introduced recently in both Congress and Canada?s Parliament. Data Security, Breach NotificationThe Congressional proposal would regulate information security standards and breach notification procedures...
Resale Price Fixing Claims Fail
Posted on May 06, 2009Resale Price Fixing Claims Fail After Remand from High CourtThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A leather goods and accessories manufacturer did not engage in unlawful vertical price fixing by terminating a retailer for pricing the manufacturer?s goods below the suggested retail price, the federal district court in Marshall, Texas, has ruled...
Focus on FranchisingThis posting
Posted on May 05, 2009Focus on FranchisingThis posting was written by John W. Arden.News and notes on franchising and distribution topics:? The number of state franchise registrations filed by franchisors during the first quarter of 2009 is down by 16 to 22 percent as compared with the first quarter of 2008, according to state franchise regulators...
House Subcommittee Holds Hearing
Posted on May 04, 2009House Subcommittee Holds Hearing on Antitrust Exemption for NewspapersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The House Judiciary Committee's Subcommittee on Courts and Competition Policy held a hearing on "A New Age for Newspapers: Diversity of Voices, Competition and the Internet" on April 21...
Aspiring Monk Could Base RICO Action
Posted on May 01, 2009Aspiring Monk Could Base RICO Action on Monastery?s Affiliation ClaimsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.An individual who sought to become a Benedictine monk could amend his complaint to add federal RICO claims against a monastery and two monks who allegedly misrepresented the monastery's affiliation with the Order of St...
Antitrust Division Announces New
Posted on April 30, 2009Antitrust Division Announces New Leadership TeamThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division has announced a new leadership team, naming four new deputy assistant attorneys general...
Possible Rival Lacked Antitrust
Posted on April 29, 2009Possible Rival Lacked Antitrust Standing to Sue Veterinary Products MakerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust claims against the dominant manufacturer and seller of veterinary diagnostic products in the United States, which were brought by a potential new entrant in the market, were properly dismissed because the complaining company lacked standing to bring the claims, the U...
Maryland Amends Antitrust Law to
Posted on April 28, 2009Maryland Amends Antitrust Law to Make Resale Price Maintenance Per Se Illegal This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Legislation clarifying that resale price maintenance (RPM), also known as vertical price fixing, remains per se illegal in the State of Maryland was signed into law on April 14 by Governor Martin O?Malley...
Misrepresenting Product as ?Safest?
Posted on April 27, 2009Misrepresenting Product as ?Safest? Could Be Deceptive ActThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law, and William Zale, Editor of CCH Advertising Law Guide.An injured user of sumo wrestling equipment could pursue a claim that the manufacturer violated the Colorado Consumer Protection Act (CPA) by knowingly misrepresenting its product as ?safest,? the federal district court in Denver has ruled...
Enviga Drinker?s Tighter Pants
Posted on April 24, 2009Enviga Drinker?s Tighter Pants Not Basis for Consumer Fraud ClaimThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A purchaser of the soft drink Enviga failed to assert an ascertainable injury under the New Jersey Consumer Fraud Act by claiming that her pants got tighter after she started drinking the ?calorie burning? product, the federal district court in Camden, New Jersey has ruled...
Motor Vehicle Dealer Not Damaged
Posted on April 23, 2009Motor Vehicle Dealer Not Damaged by Phase-Out of Oldsmobile LineThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A motor vehicle dealer's breach of contract claim against General Motors (GM) for phasing out its Oldsmobile line of vehicles necessarily failed because, as a result of the dealer's actions to mitigate its damages, it suffered no loss, the U...
Healthcare Product Ads Falsified
Posted on April 22, 2009Healthcare Product Ads Falsified Studies; $11 Million Awarded for Corrective AdvertisingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.GE Healthcare has been barred from falsifying scientific study results in advertisements for its Visipaque x-ray contrast medium product...
Varney Confirmed by Senate to Head
Posted on April 21, 2009Varney Confirmed by Senate to Head Department of Justice Antitrust DivisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Senate on April 20 confirmed the nomination of Christine Anne Varney to serve as Assistant Attorney General in charge of the Department of Justice Antitrust Division...
Vehicle Retailer Held Liable Under
Posted on April 20, 2009Vehicle Retailer Held Liable Under Consumer Fraud Act for False Internet AdThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.An out-of-state consumer was entitled to damages in a New Jersey Consumer Fraud Act (CFA) claim against an in-state seller of used vehicles that advertised over the Internet, according to the New Jersey Supreme Court...
Federal Trade Commission Seeks
Posted on April 17, 2009Federal Trade Commission Seeks Comments on Existing Rule, Two Proposed RulesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.This week, the Federal Trade Commission (FTC) announced that it was seeking public comments in three rulemaking proceedings...
Treatise Helps Guide Professionals
Posted on April 15, 2009Treatise Helps Guide Professionals Through Maze of Distribution Law IssuesThis posting was written by John W. Arden.The world of product distribution has changed dramatically in recent years. Revolutionary marketing relationships, new business formats, international expansion, and business consolidations have all impacted the way products are distributed and the law that governs distribution...
FTC Action Challenging Patent Settlement
Posted on April 14, 2009FTC Action Challenging Patent Settlement Agreements TransferredThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.An action brought by the FTC and the State of California?challenging agreements in which Solvay Pharmaceuticals, Inc...
Facebook Obtains Order Barring
Posted on April 13, 2009Facebook Obtains Order Barring Phishing, Spamming SchemeThis posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law, and Thomas A. Long, Editor of CCH Privacy Law in Marketing.Social networking website operator Facebook, Inc. was entitled to an ex parte temporary restraining order against Internet marketers that allegedly used Facebook's website to engage in a phishing and spamming scheme, in violation of the CAN-SPAM Act, the Computer Fraud and Abuse Act, and California law, the federal district court in San Jose has determined...
Illinois Prosecutors Seek State
Posted on April 11, 2009Illinois Prosecutors Seek State RICO LawThis posting was written by John W. Arden.In order to help them fight political corruption, white collar crime, and gang activity, the Cook County, Illinois chief prosecutor and the head of her special prosecution bureau are urging the Illinois legislature to pass a state racketeering law, according to an article posted on the Chicago Tribune website on April 7...
Nightclub?s Scanning of Driver?s
Posted on April 09, 2009Nightclub?s Scanning of Driver?s Licenses Violated Alberta Privacy LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A Calgary nightclub?s collection and retention of patrons? driver?s license information violated the Alberta Personal Information Protection Act, the Court of Queen?s Bench of Alberta has decided...
Chemicals Giant to Divest Assets
Posted on April 08, 2009Chemicals Giant to Divest Assets to Settle FTC Merger ChallengeThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.German-based BASF, the world?s largest chemical company, agreed on April 2 to settle FTC charges that its proposed $5...
Alleged Boycott of Racetracks for
Posted on April 07, 2009Alleged Boycott of Racetracks for Bigger Share of Wagers Could Be IllegalThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Various horsemen?s groups?organizations comprised of horse owners and trainers?could have illegally boycotted Kentucky racetrack operators in an effort to raise the amounts they received from advanced deposit wagering (ADW), the federal district court in Louisville, Kentucky, has ruled...
Gift Card Suit Brought Under State
Posted on April 06, 2009Gift Card Suit Brought Under State Laws Not Federally PreemptedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A national bank failed to establish that federal law and regulations preempted a gift card holder's class action complaint, asserting state law claims against the bank for imposing inactivity fees on the card, the federal district court in Chicago has ruled...
Pesticide Manufacturers? Distribution
Posted on April 03, 2009Pesticide Manufacturers? Distribution Chain Not Vertical Price FixingThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Two manufacturers of pesticides did not illegally conspire with their distributors to set minimum resale prices of certain termiticide products in violation of federal antitrust laws, the U...
Punitive Damages Award Left Standing
Posted on April 01, 2009Punitive Damages Award Left Standing in Tobacco Advertising Fraud CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The U.S. Supreme Court has left undisturbed a $79.5 million punitive damages award in an Oregon wrongful death suit against Philip Morris for deceit...
$8 Million Award for ?Innovative?
Posted on March 31, 2009$8 Million Award for ?Innovative? Advertising Claim ReversedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A jury award of more than $8 million against a Japanese basketball manufacturer (Molten) for falsely advertising its product design as ?innovative? was reversed by the U...
New FTC Chair Promises Continuity
Posted on March 30, 2009New FTC Chair Promises Continuity in Enforcement ActivityThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.FTC Chairman Jon Leibowitz told attendees of the American Bar Association?s Section of Antitrust Law Spring Meeting in Washington, D...
Franchisor Owed No Duty of Care
Posted on March 27, 2009Franchisor Owed No Duty of Care to Injured Franchise EmployeeThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisor of tire businesses owed no duty of care to an employee of one of its franchisees who was injured at work when a tire he was retreading exploded, the U...
Vacuum Cleaner Infomercial Could
Posted on March 26, 2009Vacuum Cleaner Infomercial Could Be Misleading Ad Under Lanham ActThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Vacuum manufacturer Oreck's infomercial, showing that a Dyson vacuum cleaner could not reach under a piece of furniture, could be misleading in violation of the Lanham Act, the federal district court in New Orleans has ruled...
?Light? Cigarettes Class Action
Posted on March 25, 2009?Light? Cigarettes Class Action to Advance Despite Preemption, Exemption ClaimsThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Philip Morris Co. failed to prove that a class action claiming that the marketing of ?light? cigarettes violated the Massachusetts Consumers Protection Act (CPA) was barred by the statute?s exemption for actions permitted by a regulatory board or officer, the Massachusetts Supreme Judicial Court has ruled...
Convention Authority?s Preferred
Posted on March 24, 2009Convention Authority?s Preferred Promoter Agreement Might Be AnticompetitiveThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A Michigan county convention/arena authority and the private company that managed its facility could have engaged in a conspiracy in violation of federal antitrust law by entering into a preferred promoter agreement (PPA) with a concert/events promoter that included a reciprocal agreement for sharing arena and promoter revenue at the county?s facility as well as those of competitors, the federal district court in Grand Rapids has ruled...
Product Discontinuation Was "Good
Posted on March 23, 2009Product Discontinuation Was "Good Cause" for Dealership TerminationThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A manufacturer of construction equipment (Volvo) had "good cause" under the meaning of the Maine power equipment, machinery, and appliances dealer law to terminate a dealership after it discontinued production of Samsung branded construction equipment, the U...
Refund Request Not Required Prior
Posted on March 20, 2009Refund Request Not Required Prior to Filing New Jersey Consumer Fraud ClaimThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices.Consumers do not have to request a refund or object to a charge prior to filing New Jersey Consumer Fraud Act (CFA) claims against a merchant, according to the New Jersey Supreme Court...
Market Withdrawal Not ?Good Cause?
Posted on March 19, 2009Market Withdrawal Not ?Good Cause? for Termination of Arkansas FranchiseThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The market withdrawal of a product or a trademark and trade name for the product did not constitute ?good cause? to terminate a franchise under the Arkansas Franchise Practices Act, the Arkansas Supreme Court has ruled...
Antitrust Has Role in Restructuring
Posted on March 18, 2009Antitrust Has Role in Restructuring of Economy, Antitrust Institute Chief TestifiesThis posting was written by John W. Arden.In a Congressional subcommittee hearing on antitrust and the government-funded consolidation in the banking industry, American Antitrust Institute President Albert A...
Focus on FranchisingThis posting
Posted on March 17, 2009Focus on FranchisingThis posting was written by John W. Arden.News and notes on franchising and distribution topics:? A new Consumer Protection Bill would ?change the legal landscape? for franchising in South Africa, according to the March 2009 Nixon Peabody LLP Franchise Law Alert...
eBay Insufficiently Pled RICO Pattern,
Posted on March 16, 2009eBay Insufficiently Pled RICO Pattern, Enterprise Against Advertising AffiliatesThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Online auction company eBay Inc. failed to sufficiently plead an enterprise and a pattern of racketeering against advertising affiliates that allegedly engaged in a ?cookie stuffing scheme? to collect unearned advertising fees from the auctioneer, the federal district court in San Jose, California has ruled...
Online Advertisers? Data Gathering
Posted on March 15, 2009Online Advertisers? Data Gathering Could Violate Federal Laws: ReportThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Online advertisers that collect data about consumers through click tracking, capturing search terms, and other methods could be violating federal laws, such as the Electronic Communications Privacy Act (ECPA) and the Communications Act, unless consent is obtained from one of the parties to the communication, according to a report released by the Congressional Research Service...
Rule Requiring Chain Restaurants
Posted on March 13, 2009Rule Requiring Chain Restaurants to Post Calorie Content UpheldThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A New York City regulation requiring chain restaurants to post calorie content for menu items was not federally preempted or unconstitutional under the First Amendment, the U...
Nominee Varney Describes Focus
Posted on March 12, 2009Nominee Varney Describes Focus as Antitrust Chief This posting was written by John W. Arden.In a statement delivered in a confirmation hearing before the Senate Judiciary Committee on March 10, Christine Varney, nominee as Assistant Attorney General in charge of the Antitrust Division, described her focus and qualifications for the job...
U.S. Supreme Court Orders Another
Posted on March 10, 2009U.S. Supreme Court Orders Another Look at Drug Ad CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a suit asserting that advertising of the prescription drug Nexium violated the consumer protection statutes of the 50 states, the U...
Whole Foods Market Agrees to Divestitures
Posted on March 09, 2009Whole Foods Market Agrees to Divestitures to Settle FTC SuitThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The FTC announced on March 6 that it has reached an agreement with Whole Foods Market, Inc., the largest premium natural and organic supermarket chain in the United States, to resolve the agency's charges that Whole Foods' acquisition of its closest rival, Wild Oats Markets, Inc...
Microsoft Vista False Advertising
Posted on March 06, 2009Microsoft Vista False Advertising Suit Loses Class-Action StatusThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices.The federal district court in Seattle decertified customers? Washington Consumer Protection Act (CPA) class action against Microsoft for allegedly false claims concerning its Vista operating system...
Promoting Season Ticket Deals While
Posted on February 26, 2009Promoting Season Ticket Deals While Relocating Team Not Consumer Protection Act ViolationThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices.An NBA team owner?s promotion of multi-year season ticket deals, while working to relocate the team, did not violate the Washington Consumer Protection Act, absent proof that complaining season ticket holders suffered injury that could be compensated by the Act, according to the federal district court in Seattle...
Responses to Marketing List Compilers
Posted on February 25, 2009Responses to Marketing List Compilers Not Consent to Receiving Fax AdsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A facsimile advertiser did not have consent under the Telephone Consumer Protection Act to send ads to companies that had provided information to marketing list compilers from whom the advertiser purchased lead lists, the federal district court in Chicago has ruled...
Use of Cow Bone in Dental Procedure
Posted on February 24, 2009Use of Cow Bone in Dental Procedure Did Not Violate Consumer Protection ActThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices.A dental patient who had cow bone grafted into her mouth against her expressed wishes did not state a Washington Consumer Protection Act (CPA) claim against the dentist and dental office that performed the procedure, according to the Washington Supreme Court...
FTC Denied High Court Review of
Posted on February 23, 2009FTC Denied High Court Review of Standard-Setting CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Supreme Court will not review a federal appellate court decision that set aside a Commission opinion finding that Rambus, Inc...
Beef Packer Abandons Acquistion
Posted on February 20, 2009Beef Packer Abandons Acquistion Challenged on Antitrust GroundsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Nearly a year after JBS S.A. announced its intention to acquire National Beef Packing Company LLC, the parties have decided to abandon the transaction, which had been challenged on antitrust grounds by federal and state enforcers...
Franchisor Could Terminate Franchise
Posted on February 19, 2009Franchisor Could Terminate Franchise Without Providing Notice, Opportunity to CureThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Under Pennsylvania law, a franchisor of freight forwarding businesses was entitled to terminate its agreement with a franchisee without providing the franchisee with advance notice and an opportunity to cure its breach, despite an express contractual provision granting such rights, the Pennsylvania Supreme Court has decided...
CVS Caremark Settles Charges of
Posted on February 18, 2009CVS Caremark Settles Charges of Dumping Sensitive Financial, Medical InformationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.CVS Caremark Corporation has agreed to settle FTC charges that it failed to take reasonable and appropriate security measures to protect the sensitive financial and medical information of its customers and employees from unauthorized access and that it misrepresented the measures that it took...
Civil RICO Ineffective Against
Posted on February 17, 2009Civil RICO Ineffective Against Conspiracy to File Malicious ClaimsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Allegations that attorneys conspired to harm individual and corporate plaintiffs by maliciously filing a counterclaim, in a previous action, based on false representations were insufficient to maintain a civil RICO action, the U...
Trade Regulation TidbitsThis posting
Posted on February 16, 2009Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? In trying to predict the enforcement agenda of the new administration, it may be instructive to examine remarks made by Christine Varney, the nominee for Assistant Attorney General in charge of the Antitrust Division, at a conference last June...
FTC Staff Report Reaffirms Self
Posted on February 13, 2009FTC Staff Report Reaffirms Self Regulation of Online Behavioral AdvertisingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission staff has issued a report seeking to encourage meaningful self regulation of online behavioral advertising?the practice of tracking an individual?s online activities in order to deliver advertising tailored to the individual?s interests...
Bill Would Prohibit Agreements
Posted on February 11, 2009Bill Would Prohibit Agreements to Delay Generic Drug Competition This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Brand name drug makers would be prohibited from using pay-off agreements to delay the marketing of cheaper generic equivalents under the proposed federal ?Preserve Access to Affordable Generics Act...
FTC, California Sue Drug Makers
Posted on February 10, 2009FTC, California Sue Drug Makers for Delaying Generic CompetitionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC and the California Attorney General filed a complaint in the federal district court in Los Angeles, challenging agreements in which Solvay Pharmaceuticals, Inc...
Antitrust Enforcement Can Help
Posted on February 09, 2009Antitrust Enforcement Can Help Solve Economic Crisis: FTC CommissionerThis posting was written by John W. Arden.Addressing the apparent conflict between attempting to stimulate the economy and enforcing the antitrust and consumer protection laws, FTC Commissioner J...
Dumping Paper Tax Returns Did Not
Posted on February 06, 2009Dumping Paper Tax Returns Did Not Violate Louisiana Breach Notification LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law Guide.An individual's claims against Jackson Hewitt Tax Service and one of its Louisiana franchisees (Jackson Hewitt) for negligence, breach of contract, and violations of the Louisiana Database Security Breach Notification Act and Unfair Trade Practices Act by mishandling her personal information have been dismissed without prejudice by the federal district court in New Orleans...
FTC Extends Suspension of Proceedings
Posted on February 05, 2009FTC Extends Suspension of Proceedings on Whole Foods/Wild Oats MergerThis posting was written by John W. Arden.The Federal Trade Commission?s temporary halt to its administrative proceedings challenging the combination of specialty grocers Whole Foods Market Inc...
Why Is Minneapolis Home to So Many
Posted on February 04, 2009Why Is Minneapolis Home to So Many Franchise Law Firms? This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.Perhaps it has something to do with attorney fee rates. For example, in an attorney's fee dispute, the federal district court in Minnesota recently held as follows: A reasonable hourly rate is the prevailing market rate in the relevant legal community for similar services provided by lawyers of comparable skill, experience, and reputation...
Trade Regulation TidbitsThis posting
Posted on February 03, 2009Trade Regulation TidbitsThis posting was written by Jeffrey May, Darius Sturmer, and John W. Arden.News, updates, and observations:? The nomination of Christine Varney as Assistant Attorney General in charge of the Antitrust Division on January 22 ?seems to confirm expectations that corporate mergers and marketing practices will be more closely scrutinized under the Obama administration than they were under that of George W...
AmEx Ban on Class Actions in Arbitration
Posted on February 02, 2009AmEx Ban on Class Actions in Arbitration Clause Held UnenforceableThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.California and New York merchants that accepted American Express (AmEx) charge cards were not barred from proceeding as a class to assert an antitrust action against the charge card issuer by a class action waiver contained in the mandatory arbitration clause of their commercial contracts, the U...
Credit Balance Transfer Offer Could
Posted on January 30, 2009Credit Balance Transfer Offer Could Violate California False Ad LawsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A credit cardholder can pursue claims that Chase Bank violated California unfair competition and false advertising laws by offering a promotional fixed rate of 4...
$67 Million Dollar Pants Suit Fails
Posted on January 29, 2009$67 Million Dollar Pants Suit Fails on AppealThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A dry cleaner did not violate the District of Columbia Consumer Protection Procedures Act (CPPA) by posting "Satisfaction Guaranteed" and "Same-Day Service" signs in its window and then failing to satisfy a customer or clean his pants on the day they were dropped off, according to a District of Columbia appellate court...
Whole Foods Denied Emergency Relief
Posted on January 28, 2009Whole Foods Denied Emergency Relief Against FTCThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Washington, D.C. on January 23 denied an emergency petition filed by Whole Foods Market, Inc., seeking a writ of mandamus and injunctive relief against the FTC...
?Giant of Franchise Law? Passes
Posted on January 27, 2009?Giant of Franchise Law? Passes AwayThis posting was written by John W. Arden.Lewis G. Rudnick, a pioneer franchise attorney and former Chair of the American Bar Association Forum on Franchising, passed away suddenly on Saturday, January 24, at age 73...
FTC Conditionally Clears Dow Chemical's
Posted on January 26, 2009FTC Conditionally Clears Dow Chemical's Takeover of Rohm & HaasThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Dow Chemical Company on January 23 entered into a proposed agreement with the FTC that would enable it to proceed with its planned $18...
?EPA Tested and Approved? Ad Claims
Posted on January 23, 2009?EPA Tested and Approved? Ad Claims EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A manufacturer of a handheld steam cleaning appliance was preliminarily enjoined by the federal district court in New York City from making advertising claims that the product was ?EPA Tested and Approved? and ?completely safe...
Girl Scout Council Uses Wisconsin
Posted on January 22, 2009Girl Scout Council Uses Wisconsin Dealer Law to Prevent Reduction of JurisdictionThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The national Girl Scouts organization (GSUSA) was preliminarily enjoined under the Wisconsin Fair Dealership Law (WFDL) from unilaterally removing a large portion of a local Girl Scouts council's jurisdiction, the U...
EC Investigates Microsoft's Browser
Posted on January 21, 2009EC Investigates Microsoft's Browser Tie, May Initiate Inquiry into IBM?s Market ConductThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter."Microsoft's tying of Internet Explorer to the Windows operating system harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice," the European Commission (EC) announced on January 17...
Franchisees? Deception Claims Adequately
Posted on January 20, 2009Franchisees? Deception Claims Adequately Pled RICO Violations by FranchisorThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Four tanning salon franchisees adequately alleged a RICO claim against their franchisor, two of its officers, the assignee of its franchise contracts, and a finance company, the federal district court in Camden, New Jersey, has ruled...
Hybrid Auto Fuel Efficiency Ad
Posted on January 19, 2009Hybrid Auto Fuel Efficiency Ad Claims Could Be DeceptiveThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A purchaser of a 2004 Honda Civic Hybrid automobile could go to trial on his claims that Honda's advertising was deceptive or misleading under California law, a California appellate court has ruled...
State Attorneys General, Privacy
Posted on January 16, 2009State Attorneys General, Privacy Group Make Recommendations to Obama Transition TeamThis posting was written by John W. Arden.With the Presidential Inauguration only days away, organizations and public interest groups are taking their last opportunity to influence President Elect Barack Obama?and his transition team?prior to his taking office...
Certification of Class Alleging
Posted on January 14, 2009Certification of Class Alleging Chemical Price Fixing Was PrematureThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.In an antitrust action against chemical manufacturers for conspiring to fix prices of hydrogen peroxide and two related chemical products, a federal district court?s certification of a group of purchasers of the chemical products constituted an abuse of discretion, the U...
Premerger Notification Thresholds,
Posted on January 13, 2009Premerger Notification Thresholds, Penalties for Noncompliance to IncreaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC has revised its thresholds for acquisitions and mergers subject to the report-and-wait requirements of the Hart-Scott-Rodino (HSR) Act...
FTC's Likelihood of Success in
Posted on January 12, 2009FTC's Likelihood of Success in Whole Foods Case Will Not Be Considered on RemandThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Following a federal appellate court's remand of the FTC's action challenging the acquisition of Wild Oats Markets by Whole Foods Market, Inc...
Federal Bills on Breach Notification,
Posted on January 09, 2009Federal Bills on Breach Notification, SSN Use Introduced in SenateThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Two bills proposing federal laws regulating consumer privacy were introduced in the Senate on January 6...
FTC Recommends Measures to Prevent
Posted on January 08, 2009FTC Recommends Measures to Prevent Use of SSNs in Identity TheftThis posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law, and John W. Arden.The Federal Trade Commission on December 17 unanimously adopted a report recommending five measures to help prevent Social Security Numbers (SSNs) from being used for identity theft...
MySpace?s Blocking of Links to
Posted on January 07, 2009MySpace?s Blocking of Links to Rival Site Not Unlawful ExclusionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The operator of the social networking website MySpace would not have engaged in unlawful exclusionary conduct or caused antitrust injury by redesigning its site to prevent users from linking to or viewing content hosted on a rival?s site, the U...
States Collaborated with Federal
Posted on January 05, 2009States Collaborated with Federal Antitrust Enforcers in 2008This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.State antitrust enforcers worked with the Department of Justice Antitrust Division to assert competition concerns related to a number of large mergers and acquisitions in 2008...
FTC Has Active Enforcement Year
Posted on December 31, 2008FTC Has Active Enforcement Year in 2008This posting was written by CCH Trade Regulation staff.In the last year of an administration that de-emphasized federal enforcement of antitrust and consumer protection law, the Federal Trade Commission nevertheless had a very active year...
Cartel Crackdown Highlighted DOJ
Posted on December 30, 2008Cartel Crackdown Highlighted DOJ Antitrust Enforcement in 2008This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Cartel enforcement was once again the focus of the Department of Justice Antitrust Division in 2008. Cartel activity was the target of a significant number of the more than six dozen civil and criminal federal court actions resulting from Antitrust Division investigations...
Wrongfully Terminated Franchisee
Posted on December 24, 2008Wrongfully Terminated Franchisee Denied Damages on Retrial This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A bioremediation service franchisee, whose two franchises were terminated as a result of the franchisor?s breach of contract and breach of fiduciary duty, was denied damages for either lost profits or the value of its businesses...
FTC Amends Rules for Administrative
Posted on December 23, 2008FTC Amends Rules for Administrative TrialsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission issued interim final rules on December 23, 2008, amending Parts 3 and 4 of its Rules of Practice. The amended rules are intended to expedite the Part 3 process for administrative trials...
a href="http://photos1.blogger.com/blklbcch.3.jpg"img
Posted on December 22, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongFTC Seeks Dismissal of Whole Foods' Court Challenge to Administrative Proceeding/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter...
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Posted on December 19, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongTerminated Franchisee Must Pay Franchisor Past Due, Future Royalties/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Peter Reap, Editor of CCH Business Franchise Guide...
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Posted on December 18, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongGift Card Suit Not Barred by Receipt of Card from Employer/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by William Zale, Editor of CCH Advertising Law Guide...
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Posted on December 17, 2008a href="http://photos1.blogger.com/blogger/8082/3055/1600/wklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongTrade Regulation Tidbits/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Jeffrey May, Darius Sturmer, and John W...
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Posted on December 16, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongConsumers Could Not Establish California Unfair Competition Claim Absent Injury, Causation/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law...
?Light? Cigarette Suit Not Barred
Posted on December 15, 2008?Light? Cigarette Suit Not Barred by Federal Law, FTC Actions: U.S. Supreme CourtThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Smokers can pursue a suit based on claims that tobacco company Philip Morris violated the Maine Unfair Trade Practices Act by advertising and promoting ?light? cigarettes, the U...
Toy Maker Gets Early Christmas
Posted on December 12, 2008Toy Maker Gets Early Christmas Gift?Dismissal of Rival?s False Ad SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Seattle has given toy maker Rose Art Industries, Inc. an early Christmas gift...
Sony Agrees to $1 Million Penalty
Posted on December 11, 2008Sony Agrees to $1 Million Penalty for Child Privacy Practices of Music Fan WebsitesThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Sony BMG Music Entertainment (Sony Music) has agreed to pay $1 million as part of a settlement to resolve Federal Trade Commission charges that it violated the Children?s Online Privacy Protection Act (COPPA) and the Commission?s implementing Rule, the FTC announced on December 11, 2008...
Whole Foods Attempts to Block FTC
Posted on December 10, 2008Whole Foods Attempts to Block FTC Administrative Proceedings on Merger This posting was written by John W. Arden.Whole Foods Market has filed a federal lawsuit attempting to prevent the FTC from conducting an administrative trial on February 16, 2009 regarding last year?s Whole Foods-Wild Oats merger...
Chinese Firms Not Immune from Vitamin
Posted on December 09, 2008Chinese Firms Not Immune from Vitamin Price Fixing Claims This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Chinese manufacturers of vitamin C were not entitled to dismissal of price fixing conspiracy claims against them on the basis of any of three doctrines of foreign sovereign immunity?act of state, foreign sovereign compulsion, or international comity, the federal district court in Brooklyn has ruled...
U.S. Supreme Court Hears ?Price-Squeeze?
Posted on December 08, 2008U.S. Supreme Court Hears ?Price-Squeeze? CaseThis posting was written by CCH Washington Correspondent John Scorza.The U.S. Supreme Court took up the question of whether a plaintiff states a claim under Section 2 of the Sherman Act by alleging that the defendant?a vertically integrated retail competitor with an alleged monopoly at the wholesale level but no antitrust duty to provide the wholesale input to competitors?engaged in a ?price squeeze? by leaving insufficient margin between wholesale and retail prices to allow competitors to compete...
RPM Ruling Blamed for Eliminating
Posted on December 05, 2008RPM Ruling Blamed for Eliminating Discounting, Prompting Higher Prices, Fewer ChoicesThis posting was written by CCH Washington Correspondent John Scorza and John W. Arden.Consumers are paying more for many products as a result of an antitrust decision issued last year by the U...
ABA Antitrust Section Offers Recommendations
Posted on December 04, 2008ABA Antitrust Section Offers Recommendations for Incoming AdministrationThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The American Bar Association Section of Antitrust Law on November 25 submitted a transition report to President Elect Barack Obama, offering its views on the current state of federal antitrust and consumer protection enforcement, as well as recommendations regarding prospective policies and initiatives...
FTC Asks High Court to Review Standard-Setting
Posted on December 03, 2008FTC Asks High Court to Review Standard-Setting CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has petitioned the U.S. Supreme Court to review a federal appellate court decision that set aside a Commission finding that Rambus, Inc...
Restriction on Transfer of Prescription
Posted on December 01, 2008Restriction on Transfer of Prescription Data for Marketing Use Did Not Violate Free SpeechThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A New Hampshire law that prohibited certain transfers of physicians' prescribing histories for use in marketing campaigns by pharmaceutical manufacturers did not unconstitutionally restrict commercial speech, the U...
First Amendment Protects Video
Posted on November 26, 2008First Amendment Protects Video Game Parody from California Unfair Competition Law ClaimThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A strip club operator did not state a California Unfair Competition Law (UCL) claim against the maker of Grand Theft Auto: San Andreas, a video game that featured a cartoon parody of the club, according to the Ninth U...
Failure to Meet Construction Deadlines
Posted on November 25, 2008Failure to Meet Construction Deadlines Was Cause for Termination of DealershipThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A motor vehicle manufacturer had "good cause" under the meaning of the Massachusetts motor vehicle dealership law to terminate a dealership for its failure to meet the interim facility construction deadlines in their letter of intent, the U...
No Rehearing of Appellate Decision
Posted on November 24, 2008No Rehearing of Appellate Decision in Whole Foods Merger CaseThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Whole Foods Market, Inc. on November 21 was denied rehearing en banc of a federal appellate court?s decision that the FTC was improperly denied a preliminary injunction blocking the combination of Whole Foods and specialty grocer Wild Oats Markets Inc...
FTC Proposes Revisions to Endorsements,
Posted on November 21, 2008FTC Proposes Revisions to Endorsements, Testimonials GuidesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC has proposed revising its guides for endorsement and testimonial advertising practices to state that non-typical testimonials on a key aspect of the advertised product should be accompanied by clear and conspicuous disclosure of generally expected results when the advertiser does not possess adequate substantiation for the representation...
Solicitor General, Antitrust Group
Posted on November 20, 2008Solicitor General, Antitrust Group to Argue in Supreme Court ?Price Squeeze? CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.The U.S. Solicitor General and the American Antitrust Institute (AAI) will be permitted to participate in oral argument as amicus curiae on Monday, December 8, when the U...
Food Gift Certificates Exempted
Posted on November 19, 2008Food Gift Certificates Exempted from California Expiration BanThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Because the California gift certificate statute provided that certificates ?issued for a food product? may contain an expiration date, a frozen food home delivery service (Schwan's) could not have engaged in deceptive practices by selling certificates that expired one year after issuance, a California appellate court has ruled...
Brewers Proceed with Combination
Posted on November 18, 2008Brewers Proceed with Combination After Receiving Regulatory ClearanceThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Belgium-based InBev N.V./S.A?the second-largest brewer in the world?announced on November 18 that it completed its acquisition of the Anheuser-Busch Companies Inc...
Employees Can Proceed with RICO
Posted on November 17, 2008Employees Can Proceed with RICO Claims for Denial of Worker's Comp BenefitsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Six current and former employees of a freight carrier adequately alleged a pattern of racketeering activity against the carrier, a doctor, and an insurance services firm?entities that allegedly committed mail and wire fraud in a scheme to deny worker's compensation benefits to the employees, the U...
Union Organizers Liable Under Driver
Posted on November 14, 2008Union Organizers Liable Under Driver Privacy Law for Using Motor Vehicle DataThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A labor union was liable under the Driver's Privacy Protection Act of 1994 (DPPA) for accessing motor vehicle records of an industrial laundry company's employees in order to contact them with regard to an organizing campaign, the U...
Economic Woes May Force New Administration
Posted on November 13, 2008Economic Woes May Force New Administration to Tread Lightly on Merger EnforcementThis posting was written by John W. Arden.Conventional wisdom?and the President Elect?s own policy statements?indicate that the new Administration will step up antitrust enforcement efforts (?Trade Regulation Talk,? November 6, 2008)...
Sale of "De-Identified" Data Would
Posted on November 12, 2008Sale of "De-Identified" Data Would Not Violate California Medical Information Privacy LawThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.An individual could not pursue claims under the California Confidentiality of Medical Information Act (CMIA) against retail pharmacies that allegedly sold customer prescription information to data mining companies for marketing purposes because the individual failed to specify what individually identifiable information remained in the records after the pharmacies "de-identified" the information, the federal district court in San Diego has determined...
Mortgage Company Settles FTC Data
Posted on November 11, 2008Mortgage Company Settles FTC Data Security ChargesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A Texas-based mortgage lender has agreed to establish a comprehensive information security program and to refrain from making deceptive claims about privacy and security to settle FTC charges that it violated the FTC Safeguards and Privacy Rules, as well as Sec...
President Obama and AntitrustThis
Posted on November 07, 2008President Obama and AntitrustThis posting was written by John W. Arden.Amid the speeches and celebrations of Barack Obama?s electoral college landslide, business and legal observers were already trying to predict how the new administration?s antitrust policy will impact particular industry sectors...
Threat of Antitrust Challenge Leads
Posted on November 05, 2008Threat of Antitrust Challenge Leads Yahoo! and Google to Abandon Ad AgreementThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In light of a threatened antitrust challenge, search engine companies Yahoo! Inc. and Google Inc...
Appointment of Distributor Without
Posted on November 03, 2008Appointment of Distributor Without Notice to Existing One Violated Wisconsin Dealer LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A manufacturer of truck blowers that appointed another distributor of its products in a complaining dealer's nonexclusive territory violated the Wisconsin Fair Dealership Law's (WFDL's) requirement that a dealership grantor "provide a dealer at least 90 days' prior written notice of...
Maine-Based Distributorship Might
Posted on October 31, 2008Maine-Based Distributorship Might Be Connecticut ?Franchise?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A federal district court erred in concluding that the relationship between a manufacturer of countertop surfaces and a Maine-based authorized distributor was not a ?franchise? under the meaning of the Connecticut Franchise Act, the U...
Small-Print Disclosure of Gift
Posted on October 30, 2008Small-Print Disclosure of Gift Card Fees Could Violate New York LawThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Small-print disclosures of ?dormancy fees? on Simon Gift Cards could violate New York law, a New York appellate court has ruled...
Delta/Northwest Merger Gains Unconditional
Posted on October 29, 2008Delta/Northwest Merger Gains Unconditional Antitrust Approval from Justice DepartmentThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The proposed merger of Delta Air Lines Inc. and Northwest Airlines Corporation will not be challenged by the Department of Justice Antitrust Division...
Credit Card Holders Not Compelled
Posted on October 28, 2008Credit Card Holders Not Compelled to Arbitrate Antitrust Claims Against AmexThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Holders of MasterCard and Visa branded credit cards were not required to arbitrate antitrust claims against the American Express Co...
Dummar?s RICO Claims Against Administrators
Posted on October 25, 2008Dummar?s RICO Claims Against Administrators of Howard Hughes Estate BarredThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A federal civil RICO claim brought by Melvin Dummar could not proceed against an administrator of the estate of billionaire Howard Hughes and a former senior officer of various enterprises that were founded by Hughes, the U...
White Paper Analyzes Rulings on
Posted on October 23, 2008White Paper Analyzes Rulings on the Admissibility of Expert Financial TestimonyThis posting was written by John W. Arden.Since the U.S. Supreme Court handed down the ?Daubert Trilogy? in the 1990s, the admissibility of expert witness testimony has become a major issue in federal and state court litigation...
Justice Department, States Move
Posted on October 22, 2008Justice Department, States Move to Block Beef Packer CombinationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The proposed combination of the third and fourth-largest U.S. beef packers has been challenged by the U.S...
Drug Makers' Patent Settlement
Posted on October 21, 2008Drug Makers' Patent Settlement Pact Not Unreasonable RestraintThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals for the Federal Circuit has upheld a lower court's determination that a settlement agreement between a drug maker/patent holder and a generic drug manufacturer, which included reverse payments from the patent holder to the generic drug maker, was not an unreasonable restraint of trade in the market for ciprofloxacin...
Medical Device Manufacturer?s Ads
Posted on October 20, 2008Medical Device Manufacturer?s Ads Not Proven FalseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A home health care provider had standing to sue under the Lanham Act as a competitor of a manufacturer of infrared lamps, but the care provider?s claims that the manufacturer falsely advertised its lamps were rejected by the federal district court in Indianapolis...
Forum on Franchising Attracts Near-Record
Posted on October 19, 2008Forum on Franchising Attracts Near-Record Crowd to Thirty-First Annual MeetingThis posting was written by John W. Arden.Despite the recent economic downturn, a near-record crowd attended the 31st annual meeting of the American Bar Association Forum on Franchising on October 15-17 in Austin, Texas...
Chemical Companies May Be Liable
Posted on October 16, 2008Chemical Companies May Be Liable under RICO for Cleanup DelayThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Property owners could proceed with RICO claims against the corporate owners and operators of a chemical manufacturing plant that allegedly disposed of solid and liquid waste (DDTr pesticides) in a manner that contaminated local properties, the federal district court in Mobile, Alabama, has ruled...
ISP's Antitrust Claims Against
Posted on October 15, 2008ISP's Antitrust Claims Against Business Software Company Properly Rejected This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust claims brought by an independent service provider (ISP) against a business software company with which the ISP had entered into various consulting service agreements were properly dismissed, the U...
Focus on FranchisingThis posting
Posted on October 13, 2008Focus on FranchisingThis posting was written by John W. Arden.News and notes on franchising and distribution topics:? The tightening of the credit market is having an adverse effect on franchising, impacting current franchisees wanting to remodel their existing locations and prospective franchisees wanting to open new outlets, according to an article (?Credit Crunch Squeezes Franchisees?) in the September 29 edition of the Wall Street Journal...
Wells Fargo/Wachovia Combination
Posted on October 10, 2008Wells Fargo/Wachovia Combination Receives Premerger ClearanceThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Wells Fargo & Company?s acquisition of Wachovia Corporation will not be challenged by the federal antitrust agencies...
Data Brokers Settle Charges of
Posted on October 09, 2008Data Brokers Settle Charges of Selling Private Phone RecordsThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Web-based ?data broker? businesses and their principals have settled charges by the Texas Attorney General that they violated the Texas Deceptive Trade Practices Act by fraudulently marketing consumers? private telephone records, it was announced on September 25...
iPhone Purchasers? Monopoly Claims
Posted on October 08, 2008iPhone Purchasers? Monopoly Claims Withstand Apple?s Motion to DismissThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Last week, the federal district court in San Jose, California, denied Apple, Inc.?s motion to dismiss antitrust claims brought by nine consumers from California, Washington, and New York who purchased the iPhone...
Supreme Court Opens New Term by
Posted on October 07, 2008Supreme Court Opens New Term by Handling Antitrust, Trade Regulation MattersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.On the opening day of its 2008-2009 term, the U.S. Supreme Court denied review of two federal antitrust cases, vacated a restrictive covenant ruling under California law, and heard oral arguments on a case questioning whether smokers? state unfair trade practices claims against the advertising of cigarette manufacturer Philip Morris were impliedly preempted by the FTC?s oversight of advertising...
DOJ, EC Antitrust Chiefs Provide
Posted on October 02, 2008DOJ, EC Antitrust Chiefs Provide Diverse Views on Unilateral Conduct by Dominant FirmsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust enforcement chiefs from the U.S. Department of Justice and the European Commission expressed differing approaches to dealing with unilateral conduct by dominant firms at two antitrust conferences last week...
Established Manufacturer?s Comparative
Posted on September 30, 2008Established Manufacturer?s Comparative Ads Presumed to Cause Injury to New EntrantThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In light of unrefuted allegations that Oregon Cutting Systems Group?an established manufacturer of chainsaw components?engaged in deliberate, literally false, and material advertising that directly compared its chain to that of newly established competitor Trilink Saw Chain, a presumption arose under the Lanham Act that the advertising deceived the competitor's customers and caused it financial injury, the federal district court in Atlanta has ruled...
Virginia Ban on Unsolicited Bulk
Posted on September 25, 2008Virginia Ban on Unsolicited Bulk E-Mail Held UnconstitutionalThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The unsolicited bulk electronic mail provisions of the Virginia Computer Crimes Act were unconstitutional because the statute prohibited anonymous transmission of all bulk e-mails, including those containing political, religious, or other speech protected by the First Amendment, the Virginia Supreme Court decided...
Major League Baseball?s Licensing
Posted on September 24, 2008Major League Baseball?s Licensing Practices Not AnticompetitiveThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The exclusive licensing agent for Major League Baseball (MLB) did not place unreasonable restraints on trade through its organization and intellectual property licensing activities, the U...
Franchisor Could Reject Franchise
Posted on September 23, 2008Franchisor Could Reject Franchise Transferees for Lack of English ProficiencyThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A restaurant franchisor did not breach a franchise agreement by withholding its consent to a franchise transfer to two prospective transferees who failed to pass the franchisor?s English Language Proficiency Test, according to the federal district court in Los Angeles...
Delinquent Cigarette Retailers
Posted on September 20, 2008Delinquent Cigarette Retailers May Be Liable Under RICO for NYC?s ?Lost Taxes?This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The City of New York had standing to bring civil RICO claims against out-of-state cigarette retailers that failed to submit monthly sales reports to the State of New York, the U...
Franchise Agreement?s Arbitration
Posted on September 18, 2008Franchise Agreement?s Arbitration Clause Unenforceable; No ?Meeting of Minds?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.There was no meeting of the minds between a franchisor of window covering businesses and a franchisee concerning the arbitration provision in their franchise agreement because of an advisement in the franchisor?s Uniform Franchise Offering Circular (UFOC) that the provision may not be enforceable under California law, a California state appellate court has ruled...
NFL?s Use of Announcer?s Voice
Posted on September 17, 2008NFL?s Use of Announcer?s Voice Violated Right of PublicityThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The National Football League's use of an announcer?s voice in a film about the making of a computer game (?The Making of Madden NFL 06?) violated the Pennsylvania right of publicity statute, but a trial was needed to decide the announcer?s false endorsement claim under the Lanham Act, according to the U...
Australian Commission Proposes
Posted on September 16, 2008Australian Commission Proposes Data Breach Notification, Other Changes to Privacy ActThis posting was written by Tom Long, Editor of CCH Privacy Law in Marketing.The Australian Law Reform Commission (ALRC) has recommended sweeping changes to Australia's privacy laws?including the addition of breach notification requirements?in a report released August 11...
FTC Testifies Before Congress on
Posted on September 15, 2008FTC Testifies Before Congress on Call Centers, Prepaid Calling CardsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Last week, the FTC offered testimony regarding two bills pending in Congress.Call Center Consumer?s Right to Know ActOn September 11, Lois Greisman, Associate Director of the Division of Marketing Practices at the FTC Bureau of Consumer Protection, testified before the before the U...
Privacy Rights in Social Security
Posted on September 12, 2008Privacy Rights in Social Security Numbers Clash with Rights to Public Records in Recent DecisionsThis posting was written by Tom Long, Editor of CCH Privacy Law in Marketing, and John W. Arden.Two court decisions weighing the privacy rights in protecting individuals? Social Security Numbers against the rights to access and publish public documents were issued on August 22 by courts in Virginia and New Jersey...
Trade Regulation TidbitsThis posting
Posted on September 11, 2008Trade Regulation TidbitsThis posting was written by Jeffrey May and John W. Arden.News, updates, and observations:? The Association of National Advertisers, a marketing industry trade group, sent a letter to the Justice Department on September 4, asking the government to block an advertising deal between Google Inc...
DOJ, States Urge Supreme Court
Posted on September 10, 2008DOJ, States Urge Supreme Court to Overturn ?Price Squeeze? DecisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Department of Justice and nine states have advised the U.S. Supreme Court to overrule a decision of the U...
Justice Department?s Monopoly Report
Posted on September 09, 2008Justice Department?s Monopoly Report Sparks ControversyThis posting was written by John W. Arden.The Department of Justice?s report on Sherman Act Section 2 enforcement?and the critical reaction by three FTC Commissioners?has prompted swift responses in both antitrust and political circles...
DOJ Report on Monopoly Law Could
Posted on September 08, 2008DOJ Report on Monopoly Law Could Weaken Antitrust Enforcement: FTC CommissionersThis posting was written by John W. Arden.A major report on monopolization under the antitrust law, issued today by the U.S. Department of Justice, could radically weaken enforcement of Section 2 of the Sherman Act, according to FTC Commissioners Pamela Jones Harbour, Jon Leibowitz, and J...
Online Advertising Provider May
Posted on September 05, 2008Online Advertising Provider May Be Liable for Failing to Prevent ?Click Fraud?This posting was written by Andrew Soubel, Editor of CCH State Unfair Trade Practices Law.An individual who purchased "pay-per-click" advertising from an online provider of "lifestyle" guides to local businesses, entertainment, and events could proceed with California Unfair Competition Law (UCL) claims against the provider and related entities for failing to prevent "click fraud" and refusing to refund disputed charges, the federal district court in Los Angeles has ruled...
Third Party Beneficiaries May Be
Posted on September 04, 2008Third Party Beneficiaries May Be ?Consumers? Under Texas Deceptive Trade Practices LawThis posting was written by Andrew Soubel, Editor of CCH State Unfair Trade Practices Law.A widow could pursue a Texas Deceptive Trade Practices Act (DTPA) claim, on behalf of her children, against funeral and cemetery operators for deceptive acts in the burial of their father, the Texas Court of Appeals has ruled...
TV Station Divestiture Required
Posted on September 03, 2008TV Station Divestiture Required to Satisfy Acquisition ConcernsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division has filed a complaint and proposed consent decree in the federal district court in Washington, D...
Trade Regulation TidbitsThis posting
Posted on September 02, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? The U.S. Supreme Court failed to ?rein in? potentially expansive use of mail-and-wire-fraud based civil RICO claims when it unanimously refused to require that a RICO plaintiff asserting a claim predicated on mail fraud plead and prove that it relied on the alleged misrepresentations, Robert A...
Ruling that Insurance Agency Was
Posted on August 29, 2008Ruling that Insurance Agency Was Connecticut "Franchise" ReversedThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A ruling that substantial evidence supported a jury's findings that an independent insurance agent's relationship with an insurance company was a "franchise" under the Connecticut Franchise Act and that the company violated the Act by terminating the agent without "good cause" was reversed by the U...
Scope of FTC's Unfair Competition
Posted on August 28, 2008Scope of FTC's Unfair Competition Authority Under Sec. 5 to Be ReviewedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Earlier this year, the Federal Trade Commission announced a proposed consent order and complaint against Negotiated Data Solutions LLC (N-Data)...
NFL?s Exclusive Trademark License
Posted on August 27, 2008NFL?s Exclusive Trademark License Was Not an Illegal ConspiracyThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The National Football League and its 32 member teams did not engage in an illegal antitrust conspiracy in violation of Section 1 of the Sherman Act by granting, through their jointly-owned licensing affiliate, an exclusive trademark license to a complaining apparel manufacturer?s competitor, the U...
Trade Regulation TidbitsThis posting
Posted on August 25, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? While Senators Obama and McCain continue to square off on issues such as the Iraq War and the economy, they have engaged in precious little discussion about antitrust issues...
Retailer Can Pursue Lanham Act
Posted on August 22, 2008Retailer Can Pursue Lanham Act Suit Over "Tax Free" Cigarette AdsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A retailer could pursue Lanham Act claims that tribal smoke shops in New York were falsely advertising cigarettes as "tax free," despite defense contentions that the claims were time-barred, that the advertising contained no quantity term, and that New York tax law did not require payment of excise tax for purchases of less than 400 cigarettes, the federal district court in Brooklyn has ruled...
Criminal Convictions, Relocation
Posted on August 21, 2008Criminal Convictions, Relocation of Dealership Constituted Good Cause for TerminationThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A motorcycle dealer?s criminal convictions and unauthorized relocation of his dealership constituted ?good cause? for a manufacturer to terminate the parties? relationship under the Oregon motor vehicle dealer law, the federal district court in Eugene, Oregon has ruled...
Weight Loss Guru Banned from Producing
Posted on August 20, 2008Weight Loss Guru Banned from Producing Infomercials, Ordered to Disgorge ProfitsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Infomercial producer and weight loss book author Kevin Trudeau?held in contempt for intentionally violating a 2004 injunction by making an infomercial that misrepresented his book?s content?was ordered by the federal district court in Chicago to disgorge infomercial royalties conservatively estimated at more than $5...
PAC, Nonprofit Violated Oregon
Posted on August 19, 2008PAC, Nonprofit Violated Oregon RICO Law Through Forgery, Falsification of ReportsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A political action committee (PAC) and a nonprofit corporation were liable for violating Oregon's Racketeer Influenced and Corrupt Organization Act (ORICO) because their racketeering activities?forging signatures on statements of sponsorship for two ballot initiatives and making false statements on financial reports?had injured two labor organizations by causing them to spend money to oppose the initiatives, the Oregon Supreme Court has ruled...
Trade Regulation TidbitsThis posting
Posted on August 18, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? Last year?s landmark Supreme Court decision on resale price fixing is having an effect on the marketplace, according to a front page article in today?s Wall Street Journal (?Price Fixing Makes Comeback After Supreme Court Ruling?)...
Restaurant ?Location? Ads Held
Posted on August 15, 2008Restaurant ?Location? Ads Held DeceptiveThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The operator of a single ?Chicago Pizza? restaurant violated the Illinois Deceptive Trade Practices Act by advertising separate telephone numbers for multiple ?locations,? two of which corresponded to locations of a competitor's ?Chicago Pizza? restaurants, an Illinois appellate court has ruled...
FTC Releases Proposed Market Manipulation
Posted on August 14, 2008FTC Releases Proposed Market Manipulation Prohibitions for Petroleum IndustryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission (FTC) has proposed a rule prohibiting market manipulation in the petroleum industry...
FTC Lifts Stay in Administrative
Posted on August 12, 2008FTC Lifts Stay in Administrative Challenge to Whole Foods/Wild Oats MergerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has lifted a stay of the administrative challenge to the combination of Whole Foods Market, Inc...
Trade Regulation TidbitsThis posting
Posted on August 11, 2008Trade Regulation TidbitsThis posting was written by John W. Arden and Thomas Long.News, updates, and observations:? Jeffrey Schmidt, Director of the FTC Bureau of Competition, is leaving the agency to become a partner in the New York office of the Linklaters law firm...
Union Could Be Subject to Antitrust
Posted on August 08, 2008Union Could Be Subject to Antitrust Attack for Efforts to Assist ContractorsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Boston has directed a lower court to take a closer look at allegations of a conspiracy between an iron workers union and union contractors to shut non-union contractors out of the structural steel industry in the greater Boston area...
?Natural Fit? Diaper Ad Campaign
Posted on August 07, 2008?Natural Fit? Diaper Ad Campaign Not EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a suit brought by Procter & Gamble alleging that Kimberly-Clark falsely advertised its Huggies ?Natural Fit? diapers in violation of the Lanham Act, the federal district court in Green Bay, Wisconsin, declined to issue a preliminary injunction to halt the campaign while the case is pending...
Alaska Enacts Personal Information
Posted on August 06, 2008Alaska Enacts Personal Information Protection ActThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.A new Alaska law providing state residents with protection from identity theft and breaches of data security was signed by Governor Sarah Palin on June 13...
Trade Regulation TidbitsThis posting
Posted on August 05, 2008Trade Regulation TidbitsThis posting was written by Jeffrey May and John W. Arden.News, updates, and observations:? Author and antitrust law professor Herbert Hovenkamp has received the John Sherman Award from the Department of Justice Antitrust Division for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy...
Antitrust Division Active in Challenging
Posted on August 01, 2008Antitrust Division Active in Challenging Procurement FraudThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The National Procurement Fraud Task Force of the Department of Justice was created less than two years ago to target procurement fraud associated with the increase in contracting activity for national security and other government programs...
Soft Drink Distributors Were Not
Posted on July 31, 2008Soft Drink Distributors Were Not Minnesota FranchiseesThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Five soft drink distributors were not ?franchisees? under the meaning of the Minnesota Franchise Act (MFA) because they neither sold a manufacturer?s drinks in order to start a new business nor paid the manufacturer an indirect ?franchise fee,? a federal district court in St...
Federal Trade Commission Gets Another
Posted on July 30, 2008Federal Trade Commission Gets Another Opportunity to Challenge Whole Foods/Wild Oats MergerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Eleven months after Whole Foods Market, Inc. and Wild Oats Markets, Inc. consummated their merger, a divided U...
Federal Trade Commission Urges
Posted on July 29, 2008Federal Trade Commission Urges Healthier Food Choices for Children as Obesity RisesThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.In response to rising levels of childhood obesity across the nation, the Federal Trade Commission (FTC) is calling on the food and media industries to promote healthier food choices for children and adolescents...
Denial of Freedom of Information
Posted on July 28, 2008Denial of Freedom of Information Act Request for Antitrust Amnesty Agreements VacatedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice could be required to disclose redacted versions of amnesty agreements entered into by the Antitrust Division since 1993 pursuant to a Freedom of Information Act (FOIA) request, the U...
Deceptive Practices Suit Based
Posted on July 25, 2008Deceptive Practices Suit Based on Credit Card Solicitation Not Preempted by Truth-in Lending ActThis posting was written by Andrew Soubel, Editor of CCH State Unfair Trade Practices Law.The federal Truth-in-Lending Act (TILA) did not preempt claims or the relief granted by a lower court against a credit card company for engaging in a fraudulent and deceptive solicitation scheme in violation of the New York Deceptive Acts and Practices Law (DAPL), a divided New York Court of Appeals has ruled...
eBay's Advertising of Tiffany Jewelry
Posted on July 24, 2008eBay's Advertising of Tiffany Jewelry Not Proven FalseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Famous jeweler Tiffany failed to establish that online marketplace eBay engaged in false advertising under the Lanham Act in connection with the sale of counterfeit jewelry on its site, the federal district court in New York City has ruled...
Tooth Manufacturer?s Claims Against
Posted on July 22, 2008Tooth Manufacturer?s Claims Against Monopolistic Rival Can ProceedThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A monopolization claim by a manufacturer of prefabricated artificial teeth against the industry's dominant player, Dentsply International, Inc...
RICO Damage Award Upheld in Dominican
Posted on July 21, 2008RICO Damage Award Upheld in Dominican Republic Banking ScandalThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A $177 million treble-damage award against a businessman who had illegally diverted millions of dollars from a bank in the Dominican Republic was affirmed by the U...
Combination of Wine and Spirits
Posted on July 18, 2008Combination of Wine and Spirits Companies Receives FTC, EC ApprovalThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pernod Ricard received clearance from the Federal Trade Commission (FTC) and the European Commission (EC) for its proposed $9 billion acquisition of Swedish spirits company V&S Vin & Sprit on July 17...
Insurer, Broker Might Have Conspired
Posted on July 17, 2008Insurer, Broker Might Have Conspired to Allocate Customers, Divide MarketsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Ohio Attorney General sufficiently pled claims of conspiracy to allocate customers, divide markets, and restrain competition against insurance companies and an insurance broker, an Ohio state trial court has ruled...
Rhode Island Fair Dealership Act
Posted on July 15, 2008Rhode Island Fair Dealership Act AmendedThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Two identical Rhode Island bills that amend the good cause, notice of termination, and opportunity to cure provisions of the Rhode Island Fair Dealership Act (RIFDA) have become law without the Governor?s signature...
Resale Price Fixing Claims Can
Posted on July 10, 2008Resale Price Fixing Claims Can Proceed Against Baby Products Retailer, ManufacturersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Philadelphia has refused to dismiss antitrust claims brought against Babies ?R? Us?the large retailer of baby and juvenile products?and baby products manufacturers by smaller retailers and consumers...
Privacy Concerns with ?Behavioral
Posted on July 09, 2008Privacy Concerns with ?Behavioral Advertising? Can Be Addressed by Self-Regulation: FTCThis posting was written by John W. Arden.Although ?behavioral advertising? raises consumer privacy concerns, the Federal Trade Commission is ?cautiously optimistic? that those concerns can be effectively addressed by industry self-regulation, an FTC official said on July 9 in testimony before the Senate Committee on Commerce, Science, and Transportation...
FTC Proposes Rescinding Guidance
Posted on July 08, 2008FTC Proposes Rescinding Guidance on ?Test Method? for Cigarette Tar, Nicotine YieldsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC is seeking comment on a proposal to rescind its 1966 guidance to tobacco companies, which indicated that factual statements of tar and nicotine yields based on the Cambridge Filter Method, also frequently referred to as the ?FTC Test Method,? generally will not violate the FTC Act...
Five More Air Carriers Agree to
Posted on July 07, 2008Five More Air Carriers Agree to Plead Guilty for Fixing Cargo RatesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Five more airlines have agreed to plead guilty and pay criminal fines totaling $504 million for participating in a multi-year conspiracy to fix prices for international air cargo rates, the Department of Justice has announced...
Auto Lessees Lack Standing to Recover
Posted on July 03, 2008Auto Lessees Lack Standing to Recover Damages from Allegedly Conspiring ManufacturersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Lessees of new cars lacked standing to seek damages from Canadian and U.S. auto makers for conspiring to restrict the flow of cheaper Canadian cars into the U...
Marathon Defeats Dealer?s Tying
Posted on July 02, 2008Marathon Defeats Dealer?s Tying Arrangement, Price Fixing ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Tying and price fixing claims brought by Marathon and Speedway gasoline dealers against Marathon Petroleum Company and its wholly-owned subsidiary Speedway SuperAmerica LLC were properly dismissed, the U...
Members of Former Rock Band Engaged
Posted on July 01, 2008Members of Former Rock Band Engaged in False Advertising, Violated Right of PublicityThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Two members of the former rock band ?The Doors? engaged in false advertising under California law by disseminating ads for a concert tour by a band falsely identified as ?The Doors,? a California appellate court has ruled...
Failure to Disclose Insureds? Right
Posted on June 30, 2008Failure to Disclose Insureds? Right to Independent Defense Counsel Was DeceptiveThis posting was written by Mark Engstrom, Editor of CCH State Unfair Trade Practices Law.An insurer?s failure to inform two physicians and their limited liability partnership that they had a right to hire independent counsel?at the insurer?s expense?to defend a malpractice action that asserted both covered and uncovered claims was a deceptive business practice under New York's Deceptive Acts and Practices Law, a New York appellate court has ruled...
Bill to Give FTC New Authority
Posted on June 27, 2008Bill to Give FTC New Authority Over Petroleum Price Gouging Defeated in House This posting was written by John Scorza, CCH Washington Correspondent. The House of Representatives rejected a bill on June 24 that would have given the Federal Trade Commission new authority to investigate and punish price gouging in the oil industry...
Truck Dealer?s Horizontal, Vertical
Posted on June 26, 2008Truck Dealer?s Horizontal, Vertical Price Fixing Claims to Proceed to JuryThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A heavy truck dealership presented sufficient evidence at trial of a horizontal price fixing agreement between competing dealers and of a vertical price fixing agreement between a heavy truck manufacturer and those dealers to send the matter to a jury, the U...
Focus on FranchisingThis posting
Posted on June 25, 2008Focus on FranchisingThis posting was written by John W. Arden.News and notes on franchising and distribution law:? The ABA Forum on Franchising has announced the program for the 31st annual Forum on Franchising, October 15-17, 2008, in Austin, Texas. Entitled ?Deep in the Heart of Franchising,? the main program will feature two plenary sessions and 24 workshops, covering topics ranging from advanced disclosure issues under the amended FTC franchise rule to franchising in Brazil, Russia, India, and China...
High Court to Consider ?Price Squeeze?
Posted on June 24, 2008High Court to Consider ?Price Squeeze? Claim Against Telecommunications FirmThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pacific Bell Telephone Company has successfully petitioned the U.S. Supreme Court to review a decision of the U...
Franchisee Not Required to Give
Posted on June 23, 2008Franchisee Not Required to Give Franchisor Futile Opportunity to CureThis posting was written by Peter Reap, Editor of CCH Business Franchise Guide.Even though a lingerie store franchise agreement required a franchisee to give the franchisor written notice and at least 60 days to cure any breaches before the franchisor could be held liable for breach, the franchisee was excused from that condition because the franchisor?s breaches were not curable, the California Supreme Court has decided...
NASAA Approves 2008 Franchise Registration
Posted on June 20, 2008NASAA Approves 2008 Franchise Registration and Disclosure GuidelinesThis posting was written by Peter Reap, Editor of CCH Business Franchise Guide.The North American Securities Administrators Association (NASAA) on June 6, 2008, adopted its 2008 Franchise Registration and Disclosure Guidelines, as a replacement for NASAA's Uniform Franchise Offering Circular Guidelines and 2007 Interim Franchise Guidelines...
Marketer of Discontinued Product
Posted on June 19, 2008Marketer of Discontinued Product Could Not Challenge ?First and Only? Ad ClaimThis posting was written by William Zale, Editor of CCH Advertising Law Guide.An herbal supplements marketer (Natural Answers), which had sold a smoking cessation lozenge from 2000 until 2002, lacked standing to pursue Lanham Act false advertising claims against a drug company (GlaxoSmithKline) that later promoted its product as ?the first and only stop smoking lozenge,? the U...
Former NCAA Coach?s Exclusion Not
Posted on June 17, 2008Former NCAA Coach?s Exclusion Not Subject to Antitrust ScrutinyThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The National Collegiate Athletic Association (NCAA), the Southeastern Conference, and the University of Kentucky?s athletic department did not engage in an unlawful group boycott by allegedly acting to prevent a former assistant football coach at the University of Kentucky from coaching at any of the NCAA?s member schools, the U...
Iowa and Oklahoma Enact Data Breach
Posted on June 16, 2008Iowa and Oklahoma Enact Data Breach Notification LawsThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.New state laws requiring companies to notify consumers of data security breaches have been enacted in Iowa and Oklahoma...
FTC Seeks En Banc Review of D.C.
Posted on June 11, 2008FTC Seeks En Banc Review of D.C. Circuit?s Rambus DecisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has asked the U.S. Court of Appeals in Washington, D.C. for an en banc rehearing of a three-judge panel?s decision overturning a Commission finding of monopolization against Rambus, Inc...
Reliance by Plaintiff Not Required
Posted on June 10, 2008Reliance by Plaintiff Not Required Element of RICO Claim: U.S. Supreme CourtThis posting was written by William Zale.In a private RICO suit predicated on mail fraud, property tax lien auction bidders were not required to show that they relied on alleged misrepresentations by successful bidders, the unanimous U...
FTC Opens Antitrust Investigation
Posted on June 09, 2008FTC Opens Antitrust Investigation of Intel Pricing Practices: ReportThis posting was written by John W. Arden.In a reversal of its previous decision, the Federal Trade Commission has opened a formal investigation of Intel Corporation, according to a June 7 story in the New York Times...
Challenges to Valuation and Damage
Posted on June 06, 2008Challenges to Valuation and Damage Experts Increasing DramaticallyThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.It is becoming clearer and clearer that the first thing litigants must do when retaining experts is to address their qualifications and ability to withstand ?Daubert? challenges...
Campaign to Compel Employer Recognition
Posted on June 05, 2008Campaign to Compel Employer Recognition of Union Could Violate RICOThis posting was written by William Zale.An employer could pursue federal RICO claims on the theory that a union, a union local, and the operators of a negative publicity campaign engaged in a pattern of extortion to compel the employer to recognize the union as the exclusive bargaining representative for employees at a large pork processing plant, the federal district court in Richmond has ruled...
National Association of Realtors
Posted on June 04, 2008National Association of Realtors Settles Restraint of Trade ChargesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The National Association of Realtors has agreed to change policies and adhere to certain conduct remedies that allow Internet-based residential real estate brokers to compete with traditional brokers...
Criminal Conviction under New Hampshire
Posted on June 02, 2008Criminal Conviction under New Hampshire Consumer Protection Act UpheldThis posting was written by Mark Engstrom, Editor of CCH State Unfair Trade Practices Law.A roofer who accepted a customer's $4,000 deposit?but failed to purchase roofing materials, produce proof of insurance, obtain a building permit, or otherwise indicate that he would begin work on the customer's home?could not escape a criminal conviction for violating the New Hampshire Consumer Protection Act (CPA), the Supreme Court of New Hampshire has ruled...
Dismissal of Antitrust Challenge
Posted on May 30, 2008Dismissal of Antitrust Challenge to Booksellers' Online Marketing Agreement UpheldThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A consumer lacked standing to proceed with antitrust claims challenging a marketing agreement between online bookseller Amazon...
$23 Million Judgment Upheld in
Posted on May 29, 2008$23 Million Judgment Upheld in Scrap Metal Price Fixing CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Cincinnati has upheld a $23 million judgment in favor of a class of scrap metal generators who alleged price fixing claims against a scrap metal broker...
Media Ignored Obama?s Comments
Posted on May 28, 2008Media Ignored Obama?s Comments on Industry Consolidation: Antitrust GroupThis posting was written by John W. Arden.Media networks have essentially ignored comments made by Senator Barack Obama about media consolidation in the U.S. and the lack of antitrust enforcement in the industry, according to the American Antitrust Institute (AAI), a non-profit education, research, and advocacy organization based in Washington, D...
DOJ, FTC Differ on Ripeness of
Posted on May 27, 2008DOJ, FTC Differ on Ripeness of Supreme Court Antitrust PetitionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Solicitor General has urged the U.S. Supreme Court to grant a petition for review of a federal appellate court's decision allowing unlawful price squeeze claims to proceed...
Manufacturer?s Rep Was Not a Wisconsin
Posted on May 23, 2008Manufacturer?s Rep Was Not a Wisconsin ?Dealer?This posting was written by Peter Reap, Editor of CCH Business Franchise Guide.Correspondent.A representative for a manufacturer of bathtub products was not a ?dealer? within the meaning of the Wisconsin Fair Dealership Law because the representative could not establish that it was granted the right to sell or distribute the manufacturer?s products or the right to use the manufacturer?s commercial symbols to the extent anticipated by the Fair Dealership Law...
Bill Would Prohibit Anticompetitive
Posted on May 21, 2008Bill Would Prohibit Anticompetitive Conduct in Production, Pricing of PetroleumThis posting was written by John W. Arden.A bill attempting to use antitrust law to ?put the beaks? on increasing gasoline prices passed the U.S. House of Representatives yesterday by a 324-to-84 margin...
FTC's Finding of Price Fixing by
Posted on May 20, 2008FTC's Finding of Price Fixing by Texas Doctors' Group UpheldThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission's determination that the conduct of the North Texas Specialty Physicians (NTSP), an organization of independent physicians and physician groups principally located in and around the city of Fort Worth, amounted to horizontal price fixing has been upheld by the U...
FTC Issues Compliance Guide for
Posted on May 19, 2008FTC Issues Compliance Guide for Revised Franchise Rule This posting was written by Peter Reap, editor of CCH Business Franchise Guide.Correspondent.The Federal Trade Commission issued its long-awaited Compliance Guide to assist franchisors in complying with the 2007 revised franchise disclosure rule on May 5...
Competition Is ?Critical? to Airline
Posted on May 16, 2008Competition Is ?Critical? to Airline Industry: Justice DepartmentThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.The Department of Justice (DOJ) considers competition in the airline industry to be ?critical,? and will consider each merger proposal on the basis of its individual merits, the House Aviation Subcommittee heard May 14...
Trade Regulation TidbitsThis posting
Posted on May 15, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? In May 14 testimony before the U.S. House Committee on Transportation and Infrastructure, the president of the American Antitrust Institute (AAI) warned that a proposed merger between Delta and Northwest Airlines could spur additional consolidation in the U...
RICO Claims Based on Franchisor
Posted on May 13, 2008RICO Claims Based on Franchisor Misrepresentations About Sourcing ReinstatedThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Previously dismissed civil RICO claims against a sandwich shop franchisor were reinstated after the federal district court in Green Bay, Wisconsin, concluded that its original decision was in error...
Ad Program Using State Vehicle
Posted on May 12, 2008Ad Program Using State Vehicle Registration Information Did Not Violate Federal LawThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.A company that contracted with the Florida Department of Highway Safety and Motor Vehicles (DMV) to mail notices to Florida vehicle owners, reminding them to renew vehicle registrations, did not violate the federal Driver's Privacy Protection Act (DPPA) by using information in vehicle owners' registration files to sell targeted advertising that was placed in the envelopes along with the renewals, the federal district court in Jacksonville has decided...
Class of Direct Purchasers of Antidepressant
Posted on May 09, 2008Class of Direct Purchasers of Antidepressant Drug Certified in Monopoly CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Philadelphia has certified a class comprised of approximately 100 direct purchasers of the branded antidepressant Wellbutrin SR to pursue monopoly claims against the drug's maker?GlaxoSmithKline?for delaying the entry of generic competition...
FTC Modifies Order to Permit Nine
Posted on May 06, 2008FTC Modifies Order to Permit Nine West to Set Resale PricesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.An FTC consent order that prohibited Nine West Group, Inc., a major manufacturer and seller of women's shoes, from engaging in resale price maintenance (RPM) agreements with dealers has been modified by the Commission in light of the 2007 U...
Bill Extending Antitrust Exemption
Posted on May 05, 2008Bill Extending Antitrust Exemption for College Financial Aid Awards Passes HouseThis posting was written by John Scorza, CCH Washington Correspondent.Colleges and universities would be allowed to collaborate with each other about administering need-based financial aid without fear of violating antitrust laws, under a bill approved on April 30 by the House...
Ninth Circuit Reaffirms Direct
Posted on May 01, 2008Ninth Circuit Reaffirms Direct Purchaser Rule, Denies Hospital?s Antitrust StandingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in San Francisco yesterday refused to create an exception to the direct purchaser rule of Illinois Brick Co...
FTC Challenge to Patent-Settlement
Posted on April 30, 2008FTC Challenge to Patent-Settlement Tactics Transferred to Federal Court in PennsylvaniaThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A closely-watched Federal Trade Commisison (FTC) case against Cephalon, Inc.?the manufacturer of the prescription wakefulness drug Provigil?for impeding the entry of generic substitutes through patent settlement arrangements has been transferred from the federal district court in Washington, D...
FTC Final Order Requires ENH to
Posted on April 28, 2008FTC Final Order Requires ENH to Conduct Separate Negotiations with MCOsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has issued an order providing rules for how Evanston Northwestern Healthcare Corporation (ENH)?an operator of hospitals in Chicago North Shore suburbs?must negotiate with health insurance companies or managed care organizations...
Airline Chiefs Cite Fuel Costs,
Posted on April 25, 2008Airline Chiefs Cite Fuel Costs, International Competition as Major Reasons to MergeThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.The chief executives of Delta Air Lines and Northwest Airlines, testifying before House and Senate Committees on April 24, cited the unprecedented rise in fuel costs and increased international competition as key factors behind their proposed merger...
Attorney Ads Not Subject to Heightened
Posted on April 24, 2008Attorney Ads Not Subject to Heightened Scrutiny Under Colorado LawThis posting was written by Mark Engstrom, Editor of CCH State Unfair Trade Practices Law.Attorney advertising was not subject to a heightened standard of scrutiny under the Colorado Consumer Protection Act (CPA), the federal district court in Denver has ruled...
False Ad Suit Against Poultry Producer
Posted on April 23, 2008False Ad Suit Against Poultry Producer Not Barred by USDA Label ApprovalThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Advertising by Tyson Foods that its chicken was ?Raised Without Antibiotics that impact antibiotic resistance in humans? could violate the Lanham Act?s false advertising prohibition, even though the U...
FTC Determination that Rambus Abused
Posted on April 22, 2008FTC Determination that Rambus Abused Standard-Setting Process VacatedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission failed to demonstrate that Rambus Inc.?s actions before a standard setting organization (SSO) amounted to exclusionary conduct ?under settled principles of antitrust law,? the U...
Antitrust Enforcers Announce International
Posted on April 18, 2008Antitrust Enforcers Announce International Competition Network?s Recommended PracticesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The heads of the federal antitrust agencies were in Kyoto, Japan, earlier this week, promoting antitrust convergence at the seventh annual International Competition Network (ICN) Conference...
Nondisclosure of Franchisor Supplier
Posted on April 17, 2008Nondisclosure of Franchisor Supplier Contracts Was Not Fraudulent Inducement of FranchiseesThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A sandwich shop franchisor's failure to disclose facts about its contracts with franchise suppliers did not constitute fraud or fraud by omission in inducing a putative class of Illinois sandwich shop franchisees to enter into franchise agreements, the federal district court in Chicago has decided...
Congress Pledges to Vigorously
Posted on April 16, 2008Congress Pledges to Vigorously Scrutinize Delta/Northwest Merger ProposalThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.Congressional leaders pledged to vigorously scrutinize the proposed merger of Delta Air Lines and Northwest Airlines after the two carriers announced they plan to merge into a combined carrier worth $17...
How to Value a Franchise Depends
Posted on April 15, 2008How to Value a Franchise Depends on Why You?re Valuing ItThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.Valuation of a franchise is an issue in many franchise disputes. It is calculated in several different ways, but usually is defined as what a hypothetical buyer would pay for it...
Federal Trade Commission Testimony
Posted on April 14, 2008Federal Trade Commission Testimony Supports Proposed 2008 Reauthorization ActThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.All four current FTC commissioners testified before the Senate Commerce Committee on April 8, discussing a proposal to reauthorize the agency for the next seven years...
Class Certification of Buyers of
Posted on April 13, 2008Class Certification of Buyers of Canadian Cars Reversed, VacatedThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Certification of classes seeking injunctive relief under federal antitrust laws and damages under 20 state antitrust and consumer protection laws against automobile manufacturers was improper, a divided U...
Purchasers Assert RICO Injury from
Posted on April 10, 2008Purchasers Assert RICO Injury from Overvaluation of HomesThis posting was written by William Zale, Editor of CCH RICO Business Disputes Guide.In a civil RICO action, home purchasers? evidence could support the conclusion that a real estate developer?s activities proximately caused the purchasers? alleged injuries in connection with the mortgage financing of overvalued homes, the federal district court in Harrisburg, Pennsylvania has ruled...
Federal Legislative Outlook, Privacy/Antitrust
Posted on April 09, 2008Federal Legislative Outlook, Privacy/Antitrust Issues Discussed at IAPP Privacy SummitThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.Congress is unlikely to complete legislation on data security in the current term, David Strickland, counsel for the Senate Commerce Committee, said on March 27...
FTC Privacy Principles Might Not
Posted on April 08, 2008FTC Privacy Principles Might Not Address Consumers? Behavioral Advertising Issues: SurveyThis posting was written by John W. Arden.Widespread adoption of the FTC?s proposed privacy principles regarding online behavioral advertising might not significantly impact consumers? feelings about marketers? use of their online activity to tailor advertisements, according to a recent survey of more than 2,500 adults...
?Light? Cigarette Purchasers Cannot
Posted on April 07, 2008?Light? Cigarette Purchasers Cannot Pursue RICO Class ActionThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a case asserting that tobacco companies' marketing and branding deceived smokers into believing that ?light? cigarettes were healthier than ?full-flavored? cigarettes, certification of a class of light cigarette purchasers was reversed by the U...
Pharmacy Chain to Improve Document
Posted on April 04, 2008Pharmacy Chain to Improve Document Disposal to Settle Texas Information Security ClaimsThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.The State of Texas has reached a settlement of claims that CVS Pharmacy, Inc. violated state laws regulating the disposal of customer records containing sensitive personal information, Texas Attorney General Greg Abbott announced on March 26...
FTC 2008 Annual Report Describes
Posted on April 03, 2008FTC 2008 Annual Report Describes Agency Mission, Highlights AccomplishmentsThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Outgoing FTC Chairman Deborah Platt Majoras issued the Commission?s 2008 Annual Report at the American Bar Association?s Section of Antitrust Law Spring Meeting on March 28 in Washington, D...
Federal Enforcement Chiefs Offer
Posted on April 02, 2008Federal Enforcement Chiefs Offer Views at ABA Antitrust Spring MeetingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The then-current heads of both federal antitrust agencies reflected on their tenures during the March 28 enforcement roundtable at the American Bar Association Section of Antitrust Law Spring Meeting in Washington, D...
Kovacic Replaces Majoras As FTC
Posted on April 01, 2008Kovacic Replaces Majoras As FTC ChairmanThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.FTC Commissioner William E. Kovacic assumed the role of Chairman at the agency on March 31, following the departure of Deborah Platt Majoras from the position last week...
Listerine Purchasers Did Not Show
Posted on March 26, 2008Listerine Purchasers Did Not Show Similar Injury from ?Effective as Floss? AdsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Certification of a class of all Massachusetts consumers who purchased Listerine mouthwash during an allegedly unfair and deceptive ?effective as floss? advertising campaign was vacated because the purchasers failed to assert a similar injury to all class members, a Massachusetts appellate court has ruled...
Enforcement of NHL Internet Policy
Posted on March 25, 2008Enforcement of NHL Internet Policy Not Barred on Antitrust GroundsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The owner of the New York Rangers was properly denied a preliminary injunction blocking efforts of the National Hockey League to ban the Rangers from continuing to operate a team website independent from the NHL website, according to the U...
Justice Department Will Not Challenge
Posted on March 24, 2008Justice Department Will Not Challenge Satellite Radio MergerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The proposed merger of XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. will not face an antitrust challenge from the Department of Justice Antitrust Division...
South Dakota Enacts New Franchise
Posted on March 21, 2008South Dakota Enacts New Franchise Disclosure/Registration LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.South Dakota has enacted a new franchise disclosure/registration law and has repealed its Franchises for Brand-Name Goods and Services Act...
Class Certified in Windows Vista
Posted on March 20, 2008Class Certified in Windows Vista Marketing CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A class of personal computer purchasers was certified by the federal district court in Seattle in an action alleging that Microsoft unfairly and deceptively marketed its Windows Vista operating system...
FTC Seeks Comments on New Proposal
Posted on March 19, 2008FTC Seeks Comments on New Proposal for Business Opportunities RuleThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The Federal Trade Commission has approved the publication of a Federal Register notice seeking comments on a revised proposal for a new trade regulation rule government business opportunities...
High Court Will Not Review Antitrust,
Posted on March 18, 2008High Court Will Not Review Antitrust, False Advertising RulingsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Supreme Court on March 17 denied review of the following trade regulation decisions:? Antitrust standing...
Gift Card Purchaser Not Bound by
Posted on March 17, 2008Gift Card Purchaser Not Bound by ?Agreement? Terms Inside PackageThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A gift card issuer (American Express) could not compel arbitration of a card purchaser?s class action claims for breach of contract, unjust enrichment, and statutory fraud, the federal district court in Chicago has ruled...
EC Clears Google?s Acquisition
Posted on March 13, 2008EC Clears Google?s Acquisition of DoubleClickThis posting was written by John W. Arden.Google?s proposed acquisition of Internet advertising server DoubleClick, Inc. did not impede effective competition within the European Economic Area or a significant part, according to a March 11 announcement by the European Commission...
Mistrial Declared in DRAM Price
Posted on March 12, 2008Mistrial Declared in DRAM Price Fixing Suit Against ExecutiveThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in San Francisco on March 6 declared a mistrial in a Department of Justice Antitrust Division action against an executive for Hynix Semiconductor America Inc...
U.S. Antitrust Chief Points to
Posted on March 10, 2008U.S. Antitrust Chief Points to Recent Acquisition Approval as Sign of U.S., EC CooperationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Department of Justice Antitrust Division and the European Commission (EC) have approved the combination of two U...
Trade Regulation TidbitsThis posting
Posted on March 07, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? Those pursuing corporate acquisitions and mergers should try to complete them before the November election, since such deals may draw more antitrust scrutiny from a prospective Democratic administration, according to the March 5 edition of the Wall Street Journal...
Caremark Settles State Accusations
Posted on March 05, 2008Caremark Settles State Accusations of Drug Switching This posting was written by Jeffrey May.Caremark Rx, L.L.C., one of the nation's largest pharmacy benefits management companies, has agreed to settle charges brought by 28 states and the District of Columbia that it violated state consumer protection statutes by encouraging doctors to switch patients from originally prescribed brand drugs to different brand name prescription drugs...
Drug Maker?s ?Market Switching?
Posted on March 04, 2008Drug Maker?s ?Market Switching? Did Not Constitute MonopolizationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pharmacies and drug wholesalers failed to state monopolization claims based on a drug maker?s purported ?market switching,? the federal district court in Washington, D...
Majoras to Leave FTC in March,
Posted on February 28, 2008Majoras to Leave FTC in March, Reportedly to Join Private SectorThis posting was written by John W. Arden.Federal Trade Commission Chairman Deborah Platt Majoras will resign in late March, after three-and-a-half years with the agency, it was announced by the FTC on February 28...
Microsoft Fined ?899 Million for
Posted on February 27, 2008Microsoft Fined ?899 Million for Failing to Comply with EC Interoperability OrderThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The European Commission (EC) imposed a record ? 899 million (approximately $1.3 billion) fine on Microsoft Corporation for failing to comply with its obligations under a March 2004 EC decision, according to a February 27 press release...
U.S., Nevada Condition Combination
Posted on February 26, 2008U.S., Nevada Condition Combination of Health Insurers on DivestituresThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In order for UnitedHealth Group Inc. to proceed with its acquisition of Sierra Health Services Inc., United would be required to divest assets relating to its Medicare Advantage line of business in the Las Vegas area, under the terms of a proposed U...
$8 Million Damage Award Upheld
Posted on February 25, 2008$8 Million Damage Award Upheld for Falsely Advertising Product as ?Innovative?This posting was written by William Zale, Editor of CCH Advertising Law Guide.A jury award of over $8 million against Japanese basketball manufacturer Molten for falsely advertising its product design as ?innovative? was upheld by the federal district court in Seattle...
Franchisor Officer Could Be Liable
Posted on February 22, 2008Franchisor Officer Could Be Liable for Misrepresentation Under Florida Franchise Law This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisee of an electric vehicle sales and rental business adequately stated a claim for violation of the Florida Franchise Act against an officer of the franchisor for intentionally misrepresenting the prospects of success for the franchise, a Florida appellate court has determined...
Oral Guarantees to Prospective
Posted on February 20, 2008Oral Guarantees to Prospective Franchisees May Have Violated New York Franchise LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisor of package delivery drivers could have violated the antifraud provision of the New York Franchises Law by making oral misrepresentations to ten prospective franchisees regarding the terms of their franchise agreements, a federal district court in New York City has decided...
Antitrust Regulators Approve Thomson?s
Posted on February 19, 2008Antitrust Regulators Approve Thomson?s Acquisition of ReutersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice and the European Commission (EC) have approved the combination of financial information providers Thomson Corporation and Reuters Group PLC subject to the parties? agreement to sell financial data and related assets aimed at preserving competition...
Nexus Determines When Out-of-State
Posted on February 15, 2008Nexus Determines When Out-of-State Franchisors Pay Taxes on Royalties, Franchisee RevenuesThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.?Tax nexus? is a term of art in the field of state and local taxation that applies to the determination of whether or not an out-of-state entity (for example, a franchisor) must file and pay taxes with respect to revenues which are generated within a particular jurisdiction where they have no facilities?although they do have franchisees...
Identity Theft Is Top Consumer
Posted on February 14, 2008Identity Theft Is Top Consumer Complaint of 2007This posting was written by John W. Arden.For the eighth consecutive year, identity theft tops the list of consumer complaints to the Federal Trade Commission, according to an annual report issued February 13...
Focus on FranchisingThis posting
Posted on February 13, 2008Focus on FranchisingThis posting was written by John W. Arden.? Due to the efforts of Chicago lawyers John R.F. Baer of Sonnenschein, Nath, and Rosenthal and Joe Sheyka of DLA Piper, the Illinois State Bar Association has decided to form a Standing Committee on Franchising and Distribution Law...
Antitrust Division Recommends Review
Posted on February 11, 2008Antitrust Division Recommends Review of Regulations for Futures ExchangesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division filed comments with the U.S. Department of the Treasury on January 31, recommending that the Treasury Department conduct a careful review to determine whether the current regulatory structure for interest rate futures transactions could be improved to make entry by new exchanges easier...
Computer Buyers Fail to Allege
Posted on February 08, 2008Computer Buyers Fail to Allege Antitrust Injury in Price Fixing Action Against DRAM MakersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In a closely watched case, a federal district court in San Francisco has dismissed a substantial number of state law antitrust claims brought on behalf of computer purchasers who allegedly paid artificially inflated prices for a type of semiconductor chip called dynamic random access memory (DRAM), which was a component of the computers...
Do-Not-Call Registry Bills Cleared
Posted on February 07, 2008Do-Not-Call Registry Bills Cleared for Presidential ApprovalThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.Congress on February 6 passed two bills that would make permanent the federal ?do-not-call? registry for residential telephone subscribers who do not wish to receive telemarketing calls...
Privacy Laws Proposed in California,
Posted on February 06, 2008Privacy Laws Proposed in California, New JerseyThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing, and John W. Arden.Bills that would impose further notice requirements for security breaches and restrict the collection and use of personal information of adolescents have been introduced in California and New Jersey, respectively...
Bulk of Washington Beer, Wine Regulations
Posted on February 04, 2008Bulk of Washington Beer, Wine Regulations Survive Antitrust ChallengeThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A Washington State regulation for alcoholic beverages, which required that wholesalers post their prices and adhere to those prices for at least 30 days (?post-and-hold? pricing system), was a per se violation of the Sherman Act, which was not saved by operation of the state?s powers under the Twenty-First Amendment to the U...
Microsoft Antitrust Final Judgments
Posted on February 01, 2008Microsoft Antitrust Final Judgments Extended to November 2009This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Washington, D.C. has extended until November 12, 2009 the terms of the antitrust final judgments against Microsoft Corporation that had been set to expire in large part in November 2007...
Use of Former Chef?s Name Could
Posted on January 31, 2008Use of Former Chef?s Name Could Be False Advertising, Breach of Publicity, Privacy RightsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A hotel chain?s continued use of a renowned chef?s name, after he had resigned, to promote wedding packages at a Philadelphia hotel could constitute Lanham Act false advertising and unauthorized use of a name under a Pennsylvania statute, as well as common law misappropriation of publicity and invasion of privacy, the federal district court in Philadelphia has ruled...
Misrepresenting Mortgage Prepayment
Posted on January 30, 2008Misrepresenting Mortgage Prepayment Credits Could Violate California Consumer LawsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Federal banking law and regulations did not preempt state law claims that a mortgage lender misrepresented how it would apply prepayments to principal, and the lender's practices could have violated the California Consumer Legal Remedies Act, False Advertising Act, and Unfair Competition Law, the federal district court in San Francisco has ruled...
Copier Equipment Lessors Alleged
Posted on January 29, 2008Copier Equipment Lessors Alleged Restraint In AftermarketsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Lessors of copier equipment adequately alleged that a competitor violated the antitrust laws by restraining competition in the aftermarkets for equipment upgrades and lease-end services, the U...
FTC Challenges Refusal to Meet
Posted on January 28, 2008FTC Challenges Refusal to Meet Commitment to License Patents for ?Ethernet?This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A divided Federal Trade Commission issued a complaint alleging that Negotiated Data Solutions LLC (N-Data) engaged in unfair methods of competition and unfair acts or practices in violation of Sec...
Attorney-Requested Studies Not
Posted on January 25, 2008Attorney-Requested Studies Not Shielded from Discovery in False Ad SuitThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Five scientific studies of the efficacy of a power toothbrush were not shielded from discovery by the attorney work product privilege, even though the studies were undertaken by the manufacturer (Ultreo) in consultation with outside counsel under the looming specter of litigation, the federal district court in New York City has ruled...
Petroleum Marketing Practices Act
Posted on January 24, 2008Petroleum Marketing Practices Act Amended to Allow Franchisees to Sell ?Renewable Fuel?This posting was written by Peter Reap, Editor of CCH Business Franchise Guide.Recent amendments to the Petroleum Marketing Practices Act prohibit gasoline franchisors from restricting franchisees?through a new or renewed franchise-related document?from (1) installing renewable fuel pumps or tanks (except when premises are owned by the franchisor), (2) converting fuel pumps or tanks to renewable fuel use, (3) advertising the sale of any renewable fuel, (4) selling renewable fuel in any area of the franchise premises, (5) purchasing renewable fuel from another source if the franchisor does not offer such fuel for sale, (6) displaying the availability and price of renewable fuel, or (7) permitting payment of renewable fuel with a credit card...
Supreme Court to Review ?Light?
Posted on January 23, 2008Supreme Court to Review ?Light? Cigarette Advertising CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The U.S. Supreme Court has agreed to consider whether smokers can pursue a suit alleging that tobacco company Philip Morris made fraudulent misrepresentations in violation of the Maine Unfair Trade Practices Act by advertising and promoting Marlboro and Cambridge Lights as ?light? and having ?Lowered Tar and Nicotine...
FTC Announces Revised Thresholds
Posted on January 18, 2008FTC Announces Revised Thresholds for Premerger Notification ProcessThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission announced today its revised thresholds for acquisitions and mergers subject to the report-and-wait requirements of the Hart-Scott-Rodino (HSR) Act...
NASCAR?s Refusal to Let Racetrack
Posted on January 16, 2008NASCAR?s Refusal to Let Racetrack Hold Premium Event Was Not UnlawfulThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.North American Stock Car Auto Racing (NASCAR), that sport's governing body and promoter, did not engage in attempted monopolization or an unlawful conspiracy with a national racetrack management company by denying an independent racetrack's applications to host a premium stock car race, the federal district court in Covington, Kentucky, has held...
EC Announces Two New Antitrust
Posted on January 14, 2008EC Announces Two New Antitrust Investigations into MicrosoftThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The European Commission (EC) has opened two formal antitrust investigations into Microsoft Corporation for the computer software maker's alleged abuse of its dominant market position...
Sears Website Allegedly Compromised
Posted on January 11, 2008Sears Website Allegedly Compromised Personal InformationThis posting was written by William Zale, Editor of CCH Privacy Law in Marketing.A Sears web-based system designed to allow customers to view their purchase history at www.managemyhome.com compromised personal information by allowing anyone to access customers? private purchase histories, according to a class action complaint filed in the Circuit Court of Cook County, Illinois...
High Court to Review Reliance Requirement
Posted on January 10, 2008High Court to Review Reliance Requirement for Mail Fraud-Based Civil RICO ClaimsThis posting was written by Sonali Oberg, Editor of CCH RICO Business Disputes Guide.The U.S. Supreme Court will review the question of whether a person asserting a civil RICO claim predicated on acts of mail fraud must plead and prove reliance on alleged misrepresentations...
Ticketmaster Canada Found to Violate
Posted on January 09, 2008Ticketmaster Canada Found to Violate Alberta Privacy LawThis posting was written by William Zale, Editor of CCH Privacy Law in Marketing.Ticketmaster Canada violated the Alberta Personal Information Protection Act (PIPA) by requiring online customers to consent to the use of personal information for event providers? marketing purposes, as a condition of a ticket sales transaction, according to the Office of the Information and Privacy Commissioner (OIPC)...
FTC Victory Against ?Ionized? Bracelet
Posted on January 08, 2008FTC Victory Against ?Ionized? Bracelet Marketers UpheldThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Marketers of the ?Q-Ray Ionized Bracelet? violated the FTC Act by claiming that tests proved the therapeutic claims they made about the product, the U...
State Antitrust Enforcers Targeted
Posted on January 04, 2008State Antitrust Enforcers Targeted Insurance Sector, Mergers, Microsoft in 2007This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.As in 2006, state antitrust enforcers continued to target alleged anticompetitive conduct in the insurance industry in 2007...
DOJ?s 2007 Antitrust Enforcement
Posted on January 03, 2008DOJ?s 2007 Antitrust Enforcement Focused on Anti-Cartel, Merger ActivityThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Thomas O. Barnett, Assistant Attorney General in charge of the Department of Justice Antitrust Division, has stated that the ?detection, prosecution, and deterrence of cartel offenses ...
FTC Enforcement: 2007 HighlightsThis
Posted on January 02, 2008FTC Enforcement: 2007 HighlightsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In 2007, the FTC continued to focus its enforcement efforts on sectors of the economy that it believed had the greatest impact on consumers, including health care, energy, retail, technology, and real estate...
Mortgage Company to Pay $50,000
Posted on December 28, 2007Mortgage Company to Pay $50,000 for Tossing Loan Documents in DumpsterThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.An Illinois-based mortgage company that left loan documents with consumers' sensitive personal and financial information in and around an unsecured dumpster has agreed to pay a $50,000 civil penalty to settle FTC charges that the conduct violated federal regulations...
Marketer Asserts Actual Controversy
Posted on December 27, 2007Marketer Asserts Actual Controversy in Russian Vodka Advertising DisputeThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A vodka marketer seeking to enter the U.S. market by touting the "authentically Russian" character of its product established the existence of an actual controversy for purposes of a declaratory judgment action against the marketer and U...
Justice Department Will Not Appeal
Posted on December 26, 2007Justice Department Will Not Appeal Dismissal of Stolt-Nielsen Antitrust IndictmentThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reports.The Department of Justice announced on December 21 that it will not appeal a federal district court's dismissal of an indictment against London-based Stolt-Nielsen S...
Privacy Principles for Online Behavioral
Posted on December 21, 2007Privacy Principles for Online Behavioral Advertising Proposed by FTC StaffThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The Federal Trade Commission staff has released proposed privacy principles to guide the development of companies? ?self-regulation? in the rapidly evolving area of online behavioral advertising...
FTC Closes Antitrust Investigation
Posted on December 20, 2007FTC Closes Antitrust Investigation into Google/DoubleClick CombinationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reports.Explaining that the ?sole purpose of federal antitrust review of mergers and acquisitions is to identify and remedy transactions that harm competition,? the FTC announced its decision to close its eight-month investigation into the Google Inc...
Pentium 4 Purchasers Cannot Pursue
Posted on December 19, 2007Pentium 4 Purchasers Cannot Pursue Illinois False Ad Class ActionThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A class of Illinois purchasers of Intel Pentium 4 computers cannot be certified on claims that Intel violated the Illinois Consumer Fraud Act, the Illinois Supreme Court has ruled...
House Passes Bill to Eliminate
Posted on December 17, 2007House Passes Bill to Eliminate Need to Re-Register for Do Not Call ListThis posting was written by John Scorza, CCH Washington Correspondent.The House of Representatives has passed legislation that would eliminate the automatic removal of telephone numbers from the Do Not Call registry and the need for consumers to re-register their numbers...
Chairman Majoras, FTC Reject Request
Posted on December 14, 2007Chairman Majoras, FTC Reject Request for RecusalThis posting was written by John W. Arden.FTC Chairman Deborah Platt Majoras will not recuse herself from the Commission?s review of Google?s proposed acquisition of DoubleClick Inc., based on DoubleClick?s representation by the Jones Day law firm, where her husband is a partner in the antitrust practice group...
Groups Seek Majoras Recusal in
Posted on December 13, 2007Groups Seek Majoras Recusal in FTC Review of Google-DoubleClick MergerThis posting was written by John W. Arden.Federal Trade Commission Chairman Deborah Platt Majoras should be disqualified from the FTC?s review of the proposed merger of Google and DoubleClick because the law firm where her husband practices antitrust law is advising DoubleClick on the U...
Web Site Operator Agrees to Settle
Posted on December 12, 2007Web Site Operator Agrees to Settle FTC Charges Based on Sexually-Explicit Pop-Up AdsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reports.The operator of a Web site that touts itself as "the World's Largest Sex & Swingers Personal Community" has agreed to settle FTC charges that it engaged in unfair practices by foisting unsolicited sexually-explicit marketing materials?including, but not limited to, online pop-up advertisements?on unwitting consumers...
Acquisition in Drop Cable Industry
Posted on December 11, 2007Acquisition in Drop Cable Industry Challenged by Justice DepartmentThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reports.The Department of Justice Antitrust Division filed a complaint and proposed consent decree on December 6 in the federal district court in Washington, D...
FCC Proposes Permanent Do-Not-Call
Posted on December 07, 2007FCC Proposes Permanent Do-Not-Call RegistrationsThis posting was written by William Zale, Editor of CCH Privacy Law in Marketing.The Federal Communications Commission announced on November 27 that it has adopted a Notice of Proposed Rulemaking seeking comment on whether to require telemarketers to honor registrations with the National Do-Not-Call Registry beyond the current five-year registration period...
Insurers, Hospitals Could Have
Posted on December 06, 2007Insurers, Hospitals Could Have Conspired Against Surgical FacilitiesThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reports.Two managed care organizations (MCOs) and three hospitals in the Kansas City area could have engaged in a group boycott against physician-owned specialty surgical hospitals in violation of federal antitrust law, the federal district court in Witchita, Kansas has ruled...
Revocation of Antitrust Immunity
Posted on December 04, 2007Revocation of Antitrust Immunity Held Unfair; Indictment DismissedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reports.The federal district court in Philadelphia has dismissed an antitrust indictment against London-based Stolt-Nielsen S...
Trying to Disprove Franchisee Damages
Posted on December 03, 2007Trying to Disprove Franchisee Damages Without an Expert Fails AgainThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.In Section 13.04 of CCH Franchise Regulation and Damages, we?ve long noted, as a cautionary tale, the case of Century 21 Real Estate Corporation v...
False Ad Claim on Toy Safety Barred,
Posted on November 30, 2007False Ad Claim on Toy Safety Barred, Claim on Toy Capabilities Allowed to ProceedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A Lanham Act claim that a magnetic toy construction set was falsely advertised as suitable for "Ages 3 to 100," when in reality the blocks were highly dangerous to small children, was precluded by the Federal Hazardous Substances Act (FHSA), as amended by the Child Safety Protection Act to require toy labeling, the federal district court in Seattle ruled...
Sandwich Shop Franchisees' Tying
Posted on November 29, 2007Sandwich Shop Franchisees' Tying Claims DismissedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reports.Twelve Wisconsin Quizno's franchisees may not proceed with tying claims against their franchisor, the federal district court in Green Bay, Wisconsin, has ruled...
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How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
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