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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: 3.6/day

Last Entry: July 14, 2015 at 19:48:00

$12 Million Punitive Damage Award

Posted on March 24, 2011
$12 Million Punitive Damage Award to Hotel Franchisee UpheldThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.There was no due process violation in an Arkansas state court jury?s award of $12 million in punitive damages to a hotel franchisee in its dispute with a franchisor, an Arkansas appellate court has determined...

NASAA Project Group Seeks Public

Posted on March 23, 2011
NASAA Project Group Seeks Public Comment on Multi-Unit FranchisingThis posting was written by John W. Arden.In connection with its work on a new commentary, the Franchise and Business Opportunities Project Group of the North American Securities Administration (NASAA) is seeking public comments on disclosure obligations under the FTC franchise rule and state franchise laws for the many forms of multi-unit franchising...

Dell?s Price Fixing Claims Against

Posted on March 22, 2011
Dell?s Price Fixing Claims Against Display Panel Suppliers Survive DismissalThis posting was written by Jeffrey May,Editor of CCH Trade Regulation Reporter.The Foreign Trade Antitrust Improvements Act (FTAIA) did not require dismissal of Dell Inc.?s claims that suppliers of thin film transistor-liquid crystal display (TFT-LCD) panels engaged in a global price fixing conspiracy, the federal district court in San Francisco has ruled...

FTC Settles with Company Allegedly

Posted on March 21, 2011
FTC Settles with Company Allegedly Using Deceptive ?Consumer? ReviewsThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A company that produced the ?Learn and Master Guitar program? has agreed to settle FTC allegations that it engaged in deceptive advertising of its products through online marketers who falsely posed as ordinary consumer or independent reviewers...

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Consumer Class Action Against Investment

Posted on March 17, 2011
Consumer Class Action Against Investment Firm Preempted by Securities LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.An investor?s California Unfair Competition Law (UCL) claims?based on alleged misrepresentations made by investment company Charles Schwab?were preempted by the Securities Litigation Uniform Standards Act of 1998 (SLUSA), and the investor could not seek diminution-in-share value as a remedy, according to the federal district court in San Jose, California...

FTC Testifies on the State of Online

Posted on March 16, 2011
FTC Testifies on the State of Online Consumer Privacy to Senate CommitteeThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Industry stakeholders have made important progress in implementing ?Do Not Track,? a mechanism proposed by the Federal Trade Commission last December that would allow consumers to choose not to have their Internet browsing tracked by third parties, the FTC said today in testimony before the Senate Committee on Commerce, Science and Transportation...

Class Action Waiver in AmEx Agreements

Posted on March 15, 2011
Class Action Waiver in AmEx Agreements Held InvalidThis posting was written by Jeffery May,Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in New York City has once again held that a class action waiver provision contained in commercial contracts between merchants and charge card issuer/servicer American Express Co...

State Action Doctrine Bars Antitrust

Posted on March 15, 2011
State Action Doctrine Bars Antitrust Challenge to Municipalities' Trash Hauling ContractsThis posting was written by Jeffrey May,Editor of CCH Trade Regulation Reporter.Illinois municipalities? exclusive contracts for the disposal of waste, including recyclables, were shielded under the state action doctrine from antitrust attack, the U...

Consumer?s Purchasing Habits Held

Posted on March 11, 2011
Consumer?s Purchasing Habits Held Irrelevant in ?Green? Marketing CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A protective order against use of information about a consumer's purchasing habits has been issued by the federal district court in San Jose...

Labeling on ?Cobra Sexual Energy?

Posted on March 10, 2011
Labeling on ?Cobra Sexual Energy? Supplement Might Violate California Consumer Protection LawsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A purchaser of the Natural Balance dietary supplement Cobra Sexual Energy asserted deceptive labeling claims under California consumer protection laws with the particularity required for pleading fraud, the federal district court in San Diego has ruled...

Identity Theft Is Top Consumer

Posted on March 09, 2011
Identity Theft Is Top Consumer Complaint of 2010This posting was written by Jeffery May,Editor of CCH Trade Regulation Reporter.For the eleventh consecutive year, identity theft tops the list of consumer complaints to the Federal Trade Commission, according to an annual report issued March 8...

Appraisers Have Standing to Sue

Posted on March 08, 2011
Appraisers Have Standing to Sue Software Developer for False AdvertisingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Real estate appraisers had standing to sue the software developer FNC, Inc. under the Lanham Act for falsely advertising that appraisal-report data submitted for FNC's AppraisalPort was accessible only by client lending institutions, when FNC allegedly used the data to build its National Collateral Database, which lending institutions consulted instead of commissioning new appraisals, the U...

FTC Chair Leibowitz Nominated for

Posted on March 07, 2011
FTC Chair Leibowitz Nominated for Second TermThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The White House announced on March 4 that President Barack Obama intends to nominate FTC Chairman Jon D. Leibowitz for a second seven-year term at the Commission...

FTC, Justice Department Take Aim

Posted on March 04, 2011
FTC, Justice Department Take Aim at Business Opportunity, Employment ScamsThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.The Federal Trade Commission (FTC), the Department of Justice, the Postal Inspection Service, and state law enforcement agencies announced a major law enforcement sweep and education effort aimed at targeting bogus business opportunity employment and money-making services...

High Gasoline Prices on Island

Posted on March 03, 2011
High Gasoline Prices on Island Not the Result of Price FixingThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Gas station operators on the island of Martha?s Vineyard in Massachusetts did not engage in price fixing in violation of the Sherman Act, despite maintaining prices that were considerably higher than on the Cape Cod mainland, the U...

Corporations Lack ?Personal Privacy?

Posted on March 02, 2011
Corporations Lack ?Personal Privacy? Interests: High CourtThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Corporations do not have ?personal privacy? interests for the purposes of a provision of the Freedom of Information Act, the U...

Texas Hospital Settles U.S., State

Posted on March 01, 2011
Texas Hospital Settles U.S., State Monopoly ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A Texas hospital has agreed to settle allegations brought by the U.S. Department of Justice Antitrust Division and the State of Texas that it unlawfully used contracts with commercial health insurers to maintain its monopoly for hospital services in violation of Section 2 of the Sherman Act...

Nondisclosure of Affiliate's Rebates

Posted on February 28, 2011
Nondisclosure of Affiliate's Rebates to Franchisor Did Not Violate FTC Franchise RuleThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisor of cleaning service businesses did not violate the FTC Franchise Rule?and therefore, did not fraudulently induce a franchisee to enter into an agreement?by failing to disclose in the Uniform Franchise Offering Circular (UFOC) provided to the prospective franchisee the "rebates" or "kickbacks" paid by an affiliate mailing services company to the franchisor, a federal district court in Baltimore has decided...

Salons Can Pursue False Ad Suit

Posted on February 25, 2011
Salons Can Pursue False Ad Suit Against Makers of ?Salon Only? ProductsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Hair salon operators have standing to pursue a Lanham Act false advertising suit against manufacturers of ?salon-only? hair products alleged to be widely available at mass retailers, the federal district court in New York City has ruled...

KFC Franchisees Had Ultimate Authority

Posted on February 24, 2011
KFC Franchisees Had Ultimate Authority Over AdvertisingThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The governing committee of the franchisee-controlled national advertising cooperative for restaurant franchisor KFC had the authority to adopt an advertising program and to amend the franchisor?s advertising proposals, according to the Delaware Chancery Court...

High Court Will Not Consider Retailer?s

Posted on February 23, 2011
High Court Will Not Consider Retailer?s Resale Price Fixing ClaimThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Supreme Court on February 22 denied a petition to review a decision of the U.S. Court of Appeals in New Orleans (PSKS, Inc...

Apple Subscription Service Draws

Posted on February 22, 2011
Apple Subscription Service Draws Antitrust Scrutiny in U.S., EU: News ReportsThis posting was written by John W. Arden.Subscription terms set by Apple Inc. for media companies seeking to sell content on the iPad. iPhone, and its other devices have attracted the interest of antitrust officials in both the United States and the European Union, according to news reports...

Illegality of Contract Not a Bar

Posted on February 18, 2011
Illegality of Contract Not a Bar to Illinois Consumer Protection Act ClaimThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A group of Mexican citizens living in the United States could bring an Illinois Consumer Fraud and Deceptive Business Practices Act (CFA) claim, despite a trial court finding that the claim was barred by the doctrine of illegality of contract and the statute of limitations, according to an Illinois appellate court...

Plenty New on the Franchise Legal

Posted on February 17, 2011
Plenty New on the Franchise Legal Front, Says WSJThis posting was written by John W. Arden.The year 2010 was another litigious one for the U.S. franchising ?industry,? providing important new legal developments and trends, according to an article in The Wall Street Journal?s February 14 Small Business report In a feature story (?Franchisee v...

Will the Federal Trade Commission

Posted on February 16, 2011
Will the Federal Trade Commission Be Forced Out of Its Headquarters Building?This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Over the years there have been legislative efforts to move the Federal Trade Commission out of its historic headquarters at 600 Pennsylvania Avenue to make the space available for the agency?s neighbor, the National Gallery of Art...

safe Bill Would Restrict Collection,

Posted on February 15, 2011
safe Bill Would Restrict Collection, Use of Online Activity DataThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The proposed "Do Not Track Me Online Act of 2011" (H.R. 654) would give consumers the ability to prevent the collection and use of data on their online activities, according to the bill's sponsor, Rep...

Purchase in Reliance on False Label

Posted on February 14, 2011
Purchase in Reliance on False Label Is ?Loss of Money? in CaliforniaThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Consumers who can truthfully allege they were deceived by a product?s label into spending money to purchase the product, and would not have purchased it otherwise, have ?lost money or property? and have standing to sue under the California Unfair Competition Law (UCL) and False Advertising Law (FAL), as amended in 2004 by Proposition 64, the California Supreme Court has ruled...

Retailer?s Request for Credit Cardholder?s

Posted on February 11, 2011
Retailer?s Request for Credit Cardholder?s Zip Code Violates California LawThis posting was written by William Zale, Editor of CCH Advertising Law Guide.When a store cashier asks for the zip code of a customer making a purchase with a credit card in California, the retailer violates California?s Song-Beverly Credit Card Act, the California Supreme Court has ruled...

OPEC Price Fixing Allegations Barred

Posted on February 10, 2011
OPEC Price Fixing Allegations Barred by Political Question, Act of State DoctrinesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Gasoline retailers' price fixing claims against oil production companies?most of which were owned in whole or in part by the member nations of the Organization of Petroleum Exporting Countries (OPEC)?were properly dismissed, the U...

U.S. Price Fixing Charges Against

Posted on February 09, 2011
U.S. Price Fixing Charges Against LCD Maker Held AdequateThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in San Francisco has refused to dismiss an indictment against Taiwan-based AU Optronics Corporation and nine Taiwanese individuals for participating in an alleged conspiracy to fix the prices of thin-film transistor liquid crystal display (TFT-LCD) panels...

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