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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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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...
Estimation, Loss Valuation Providers
Posted on March 12, 2009Estimation, Loss Valuation Providers Abandon Merger After FTC Wins Preliminary InjunctionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.CCC Information Services Inc. and Mitchell International, Inc. have abandoned their plans to merge and become ?the leading provider of information, work-flow management systems, and integrated software to insurance companies and collision repair facilities...
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...
?Price Squeeze? Theory Insufficient
Posted on February 25, 2009?Price Squeeze? Theory Insufficient to Support Monopoly Claims: High CourtThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In an opinion by Chief Justice John Roberts, the U.S. Supreme Court today rejected an independent ?price-squeeze? theory under Section 2 of the Sherman Act...
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...
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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
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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...
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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 ...
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...
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