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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 Recent Entries: 820
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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...
Justice Department Calls ?Reverse
Posted on July 14, 2009Justice Department Calls ?Reverse Payments? in Patent Settlements Presumptively IllegalThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A patent litigation settlement involving a ?reverse payment? to the alleged drug patent infringer in exchange for its agreement to withdraw its challenge to the patent and delay bringing its generic drug to market is presumptively unlawful under the antitrust law, according to a July 6 brief filed by the Department of Justice with 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...
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Restaurant Sued for Throwing Wok at Chinese Talk
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When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...
When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...
Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.
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 ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
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...

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 ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
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...








